DRIVING UNDER THE INFLUENCE
SeeFlorida Statute § 316.1934 (Presumption of impairment; testing methods.)
If there was at that time a blood-alcohol level or breath-alcohol level of 0.05 or less, it is presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
If there was at that time a blood-alcohol level or breath-alcohol level in excess of 0.05 but less than 0.08, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Moreover, such person who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an unlawful blood-alcohol level or breath-alcohol level.
The presumptions provided in this subsection do not limit the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
PENALTIES FOR A DUI CONVICTION
OVER 0.08 OR NORMAL FACULTIES IMPAIRED
STATUTORY PRESUMPTIONS OF IMPAIRMENT
In Florida, a person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within the state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. Fla. Stat.
“Impaired” means diminished in some material respect. Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001).
Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.
Serious bodily injury means a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Fla. Stat. § 316.1933
Penalties for a DUI conviction can vary based on prior convictions, property damage to another, personal injury to another, and breath test or urine test results. Always consult with an experience criminal defense attorney if you have been arrested for DUI.
Travis Mydock is a Board Certified Specialist in Criminal Trial Law. He has experience in all types of DUI cases. Call now for a free consultation about your DUI case in Saint Augustine or anywhere in Florida. (904) 494-8402.
MINIMUM MANDATORY PENALTIES FOR FIRST OFFENSE DUI WITH REFUSAL OR 0.08 - 0.149
Penalties can vary. Enhancements apply if prior conviction, crash with property damage or injury to another, if a minor child is in the vehicle, and breath alcohol level was 0.15 or more.
We handle all types of DUI cases. Call for a free consultation (904) 494-8402.
DISCLAIMER: This website is for informational purposes only and does not constitute legal advice. Always consult with an experienced criminal defense attorney about your case. Review of this website does not create an attorney client relationship.
Driving Under the Influence is a very serious criminal offense in Florida. The minimum mandatory penalties for a conviction are more severe than many felony and misdemeanor offenses. Always consult with an experienced criminal defense attorney if you have been arrested for DUI in Florida. Do not delay. We offer free consultations. Call 904-494-8402.
You have only 10 calendar days to waive or demand a hearing to review the administrative suspension of your driver license. If you do not act during this time, you will be required to serve a "hard suspension with no driving privileges" for 30 days if your breath alcohol level was 0.08 or more, or 90 days if you refused a breath test. After the "hard suspension" you could apply for a hardship driver license. The administrative suspension is for 6 months if you had a breath alcohol level of 0.08 or more, or 12 months if you refused a breath test. If you have prior DUI arrests, the administrative suspension is for 12 months if you had a breath alcohol level of .08 or more. If you refused a breath test and have a prior refusal, the administrative driver license suspension is for 18 months.
For more information
If you were arrested for DUI, you should immediately contact a Board Certified Specialist in Criminal Trial Law at Mydock Law PLLC
to discuss your case and whether you should challenge the administrative suspension. If this is your first DUI arrest, the process to waive the administrative review hearingand automatically qualify for a hardship license restricted to “business purposes only” requires several steps that will likely take more than one day to complete. Do not delay in this process.
If you have any prior DUI arrest, you will not qualify for the waiver process and should certainly call an experienced criminal defense attorney because you will face enhanced minimum mandatory penalties. Call now for a free consultation with an experienced criminal defense attorney who will to handle your DUI case in Saint Augustine or Saint Johns County, Florida.
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