DRIVING UNDER THE INFLUENCE IN FLORIDA
§316.193(1), Fla. Stat.
To prove the crime of Driving under the Influence, the State must prove the following two elements beyond a reasonable doubt:
- Defendant drove or was in actual physical control of a vehicle.
- While driving or in actual physical control of the vehicle, defendant
(a) was under the influence of alcoholic beverages, a chemical substance, or a controlled substance to the extent that his or her normal faculties were impaired; or
(b) had a blood or breath-alcohol level of .08.