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Tag Archives: Breathalyzer

Litigation Involving a DUI in Florida

In Florida, in order for the State to be successful in gaining a conviction for DUI the State has to prove that the driver of a vehicle had an alcohol level greater than .08 or that the driver’s normal faculties were impaired while in control of a motor vehicle. The areas of litigation that are most contested in Florida criminal DUI’s are whether or not the driver had a breath or blood alcohol level greater than .08 and whether or not the driver’s normal faculties were impaired while in control of the motor vehicle. In order for the prosecutor to prove that the driver’s breath or blood alcohol level was greater than .08, when the driver was stopped for the DUI, the State requires prosecutors to show scientific proof of… […]

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Florida DUI Law: Video, Observations and Driver’s Admissions

Florida DUI Law: Video, Observations and Driver’s Admissions

A person is guilty of the offense of driving under the influence or DUI in Florida if the driver is operating an automobile or in physical control of a vehicle, while the driver is under the influence of alcoholic beverages or chemical substances, as set forth within the DUI statute, to the extent that their normal faculties are impaired or the person has a breath, blood or otherwise alcohol level greater than .08. Convictions in Florida for DUI can have adverse consequences as to your liberty, driver’s license, finances and criminal record. Driving under the influence or DUI in Florida has three elements: (i) being in control of a motor vehicle; (ii) being under the influence; and (iii) being impaired. Impairment can come from alcohol, illegal drugs, prescription drugs and… […]

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