Paul J. Phipps, Esquire
DUI - What is under the influence?
Updated: Mar 26, 2020
According to Florida Statute 316.193 a person is guilty of the crime of driving under the influence (DUI) if he or she is in actual physical control of a vehicle in the State of Florida, AND the person is under the influence of alcoholic beverages, chemical substances, or any controlled substances, to the extent that he or she's normal faculties are impaired.
The level of a person's impairment is often measured by administering a breathalyzer test which measures breath alcohol content. If a person has a breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath, there is an assumption that the person's normal faculties are impaired as it relates to the charge of DUI. In some cases, impairment is measured by a blood alcohol test. If a person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood there is an assumption that the person's normal faculties are impaired as it relates to the charge of DUI.
If there are no breath or blood test results, the State has the burden to prove impairment through other evidence. Some examples of evidence the State may use to prove impairment include but are not limited to, video footage of the defendant driving, video footage of the defendant performing field sobriety tests, video footage of the defendant being transported in the police car, video footage of the defendant at the jail/testing facility, video footage of the defendant prior to interactions with law enforcement, testimony of witnesses, physical evidence, and any other relevant evidence that may suggest the defendant was impaired.
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