Driving Under The Influence In Florida


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:

  1. Defendant drove or was in actual physical control of a vehicle.
  2. 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.