Statute 316.193 defines the act of “Driving under the Influence” in Florida. If you have been charged with a DUI in Florida, I would be happy to discuss your specific case with you free of charge. You can call/text me directly at 727-214-4930 and receive a free initial telephonic consultation or you may schedule an office appointment, also free of charge for the first 60 minutes.
Most people think that drinking and driving is illegal in Florida. It is not. If you read the statute cited above carefully, you will understand that what is prohibited is driving under the influence of alcoholic beverages, a chemical substance listed in 877.11, , or controlled substance under chapter 893, “when affected to the extent that the person’s normal faculties are impaired” (Florida Statute 316.1934 states that “such 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, normally perform the many mental and physical act of daily life.”).
The statute also includes proof of guilt of DUI if you have a blood/breath alcohol level of .08 or more of grams of alcohol per 100 milliliters of blood or 210 liters of breath. However, although introduction of such evidence is prima facie evidence of driving under the influence based on Florida’s DUI statute, that showing can be challenged through the introduction of competent evidence to the contrary.
Florida Statute 316.1934(c) , 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.”