How Exactly Is A DUI Defined Under Florida State Law?

There are two ways for the State to prove a DUI in the State of Florida. The first way is by showing that a person was driving with a breath or blood alcohol concentration above 0.08. If a person was above that level, then they will be considered guilty of DUI, regardless of whether they were actually impaired. The second way to prove a DUI case is by showing that a person met the statutory definition of DUI, which means they were “under the influence of alcohol to the extent that their normal faculties were impaired.” This is sometimes referred to as “common law” DUI.

In a common-law DUI case, based on all available evidence, including video footage, audio recordings, and any admissions made, jurors will decide whether or not someone met the definition of DUI. This means that even in the absence of a valid breath test result showing a breath alcohol concentration above 0.08, the state can try to prove beyond a reasonable doubt that the defendant was under the influence of alcohol. For example, if a person admitted to having consumed a whole 12 pack of beer, then they might be proved guilty of DUI beyond a reasonable doubt, regardless of whether they passed the field sobriety tests.

For more information on DUI Charges In The State Of Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (941) 219-5553 today.



Board Certification in DUI Defense

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Tom Hudson passed the National Board Certification Examination (written and oral) in Honolulu in 2008, and was recertified in 2013. He was one of the first 50 lawyers granted national board certification in DUI Defense, and is nationally recognized as an authority in DUI law.

Why We're Different

Board Certification as a DUI Specialist by the National College for DUI Defense. Formal NHTSA Certification as an Instructor of the Standardized Field Sobriety Tests given by police in DUI cases. Formal training as a NHTSA Drug Recognition Evaluator. ("Drug Evaluation & Classification") Formal training to operate the Intoxilyzer 8000, Florida's official breath test instrument. Extensive experience in teaching other attorneys how to handle DUI cases. Hundreds of jury trials both as defense lawyer and as prosecutor. Florida's State Delegate to the National College for DUI Defense.