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.