To convict someone of Driving Under the Influence (DUI) in Florida, the prosecution must prove specific elements beyond a reasonable doubt. These elements are based on Florida Statutes Section 316.193, which governs DUI offenses.

Here’s what is generally required:

  1. Driving or Actual Physical Control: The individual must have been driving a vehicle or in “actual physical control” of a vehicle. “Actual physical control” means the person was capable of operating the vehicle, even if it wasn’t moving (e.g., sitting in the driver’s seat with keys accessible).
  2. Under the Influence: The prosecution must show that the person was impaired by alcohol, drugs, or a combination of substances at the time of driving or control. This can be proven in two main ways:
    • Alcohol: A blood alcohol concentration (BAC) or breath alcohol level of 0.08% or higher (for adults over 21). For commercial drivers, the limit is 0.04%, and for those under 21, it’s 0.02% under Florida’s zero-tolerance law.
    • Impairment: Even if the BAC is below 0.08%, the prosecution can prove impairment through evidence like erratic driving, poor performance on field sobriety tests, slurred speech, or other signs of diminished “normal faculties.”
  3. Within the State: The offense must have occurred on a public road, highway, or other area where the public has a right to access within Florida.

Interestingly, many people think it is illegal to drink and drive. That is false. It is perfectly legal, assuming you’re over the age of 21, to drink prior to driving. It is not legal to drive if you’ve had so much to drink that your normal faculties are impaired. Much of popular culture focuses on blood alcohol levels and breathalyzer results, but the fact is this: you could have a blood alcohol level above 0.08 and not have your normal faculties impaired. Everyone is different and metabolizes alcohol differently. The state needs to convince a jury not just that you ingested a specific substance (they can’t just accuse you of being on some undefined drug) but that this substance impaired your ability to operate the vehicle. There is a presumption that if your BAC is above 0.08 that you are impaired, but it is a rebuttable assumption meaning you can present facts and evidence that show you were not impaired.

Every DUI case is different and you’ll need expert counsel to navigate your case for the best outcome. Great defense isn’t cheap, but it can make a huge difference.

Gross Law Group has offices in Panama City Beach, FL and Melbourne, FL staffed by former prosecutors who have handled countless cases for the state and are ready to defend your rights and innocence. As former prosecutors, we know what it takes to win at trial and how to manage your case for the best possible outcome. If you’d like to discuss your case, call us 24/7 1-888-858-1505

Key Notes:

  • Evidence: Common evidence includes breathalyzer or blood test results, officer observations, dashcam footage, or witness testimony.
  • Refusal of Testing: Refusing a breath, blood, or urine test can lead to an automatic license suspension under Florida’s implied consent law and may be used as evidence of consciousness of guilt.
  • Enhanced Penalties: Additional factors like a BAC over 0.15%, having a minor in the vehicle, or causing property damage/injury can increase penalties but aren’t required for a basic conviction.

For a first-time DUI in Florida, penalties can include fines ($500-$1,000), up to 6 months in jail, license suspension (180 days to 1 year), and mandatory community service. However, the elements above focus solely on what must be proven for conviction, not the consequences.

Because of the complexities involved in proving a DUI, every element is open for attack and the government has to win EVERY ONE! You only need to prevail on ONE element to prevail and get a verdict of NOT GUILTY!

Experienced trial attorneys will consider all of the following and much more:

  1. Challenging the Traffic Stop:
    • Illegal Stop: Argue the officer lacked reasonable suspicion or probable cause to stop the vehicle (e.g., no traffic violation or erratic driving observed). If the stop is ruled unlawful, evidence like BAC or sobriety tests may be suppressed.
    • Example: “The officer pulled me over for a broken taillight, but it was fully functional.”
  2. Questioning Actual Physical Control:
    • Not Driving: Assert the defendant wasn’t driving or in control of the vehicle (e.g., parked and sleeping in the car with the engine off). Florida law requires proof of capability to operate, so this can be contested.
    • Example: “I was just sitting in the car waiting for a ride; the keys weren’t even in the car.”
  3. Attacking Field Sobriety Tests (FSTs):
    • Unreliable Conditions: Highlight poor conditions (uneven ground, bad weather, improper instructions) that could skew results.
    • Physical/Medical Issues: Show the defendant’s age, weight, injuries, or medical conditions (e.g., bad knees, inner ear problems) caused poor performance, not intoxication.
    • Example: “I have arthritis, so I couldn’t balance well on one leg.”
  4. Disputing Breathalyzer/Blood Test Results:
    • Calibration Issues: Argue the breathalyzer wasn’t properly maintained or calibrated, leading to inaccurate BAC readings.
    • Operator Error: Claim the officer didn’t follow protocol (e.g., failing to observe the defendant for 20 minutes before testing to rule out mouth alcohol).
    • Rising BAC Defense: Suggest the defendant’s BAC was below 0.08% while driving but rose above it by the time of testing due to alcohol absorption.
    • Chain of Custody: For blood tests, challenge mishandling or contamination of the sample.
    • Example: “The machine hadn’t been serviced in months, and the records prove it.”
  5. Impairment Evidence Weakness:
    • No Clear Impairment: Argue that behavior (e.g., normal speech, coordination) didn’t match intoxication, contradicting officer testimony.
    • Alternative Explanations: Suggest fatigue, stress, or allergies caused red eyes or shaky demeanor, not alcohol/drugs.
    • Example: “I’d been driving for hours and was exhausted, not drunk.”
  6. Procedural Violations:
    • Miranda Rights: If the defendant wasn’t read their rights and was questioned post-arrest, statements might be inadmissible.
    • Implied Consent Mishandling: Challenge whether the officer properly explained consequences of refusing a test, potentially weakening refusal evidence.
    • Example: “The officer never told me I could lose my license for refusing.”
  7. Witness Testimony:
    • Contradictory Accounts: Use passenger or bystander testimony to dispute the officer’s version of events (e.g., “They didn’t stumble getting out of the car”).
    • Sobriety Witnesses: Present people who saw the defendant before driving to testify they weren’t impaired.

During the early phases of your case, your attorney will demand discovery. This is a demand that the prosecution provide police reports, body cam footage, and test logs so your attorney can look to find inconsistencies or errors.

If you’d like to discuss your case with us, call 1-888-858-1505