How Exactly Is A DUI Defined Under Florida State Law?

How Exactly Is a DUI Defined Under Florida State Law?

Many people associate DUI charges with blowing over a certain blood alcohol content (BAC). In Florida, however, the law covers a broader range of circumstances. You can be charged for driving under the influence if your mental and physical faculties are impaired, even if your BAC is under 0.08%.

Under the Influence According to §316.193

Florida Statute §316.193 defines DUI as driving or being in actual physical control of a vehicle while under the influence of alcohol, chemical substances, or controlled substances to the extent that normal faculties are impaired. Alternatively, having a BAC of 0.08% or above may also trigger a DUI charge.

You do not have to be moving. Simply being inside a parked car with the keys in the ignition can qualify. This broad definition highlights the need to fully understand your rights whenever you choose to get behind the wheel.

Defining Impairment

Officers often use field sobriety tests, breath tests, or other observations to determine impairment. Swerving, speeding, or erratic driving can provide initial suspicion. Additional signs like slurred speech, red eyes, or the smell of alcohol can further contribute to probable cause for an arrest.

A “per se” DUI involves a BAC of 0.08% or higher, whereas an “impairment DUI” can still apply if an individual seems visibly impaired, regardless of exact BAC levels. Underage drivers face stricter limits at 0.02%, and commercial drivers can be charged at 0.04%.

Additional Considerations

Individuals under 21 who blow over 0.02% risk license suspension and other penalties. Commercial drivers can also face disqualification from operating a commercial vehicle for an extended period, jeopardizing their livelihoods.

Even if you think you are “okay to drive,” the legal threshold is unforgiving, and roadside assessments can be highly subjective. Knowing the law helps you avoid dangerous situations that may jeopardize your record and your future.

Safeguard Your Future

If you are dealing with a DUI charge, The Law Place can clarify your rights and possible defenses under Florida law. We encourage you to reach out for a thorough review of your arrest details to help protect your license, reputation, and peace of mind

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.

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