DUI charges in Florida are defined under§ 316.193. The statute makes it unlawful to operate or be in actual physical control of a vehicle while impaired by alcohol, chemical substances, or controlled substances, or while having a blood alcohol concentration of 0.08 percent or higher.
This statute governs both the criminal charge and the framework for prosecution.
What Constitutes DUI Under Florida Law?
Under § 316.193, the state may prove DUI in two ways:
Impairment theory: The driver’s normal faculties are impaired
Per se theory: The driver has a BAC of 0.08 percent or higher
“Normal faculties” include:
Ability to see and hear
Physical coordination
Judgment and reaction time
The prosecution is not required to prove both theories. Either is sufficient for conviction.
What Elements Must the State Prove in a DUI Case?
To secure a conviction, the state must establish:
The defendant was driving or in actual physical control of a vehicle
The defendant was impaired or had an unlawful BAC
“Actual physical control” does not require the vehicle to be moving. Courts may find control if the person has the ability to operate the vehicle, even if it is stationary. This is important to consider when operating a self driving car or being in possession of car keys when taking a nap in your vehicle.
What Establishes Probable Cause for a DUI Arrest?
A lawful DUI arrest requires probable cause.
Officers typically rely on:
Driving patterns such as weaving or erratic movement
Traffic violations
Physical observations such as odor of alcohol or slurred speech
Performance on field sobriety exercises
If probable cause is lacking, the arrest may be challenged and evidence may be suppressed.
What Are the Criminal Penalties for DUI in Florida?
Penalties depend on prior convictions and aggravating factors.
For a first DUI conviction:
Up to 6 months in jail
Up to 1 year of probation
Fine between $500 and $1,000
Enhanced penalties apply if:
BAC is 0.15 percent or higher
A minor was in the vehicle
Property damage or injury occurred
Subsequent convictions carry increased penalties, including mandatory jail time and longer license revocations.
What Are the Administrative Penalties for DUI?
Separate from the criminal case, administrative penalties are imposed by the Florida Department of Highway Safety and Motor Vehicles.
These may include:
License suspension 10 days from the arrest
Mandatory DUI school
Installation of an ignition interlock device in certain cases
Administrative consequences proceed independently and require separate action to contest.
How Is Chemical Test Evidence Challenged?
Chemical testing is subject to strict legal requirements.
Defense challenges may focus on:
Breathalyzer calibration and maintenance records
Operator certification
Compliance with testing protocols
Chain of custody for blood samples
Failure to meet these requirements can affect the admissibility and reliability of the results.
What Defense Strategies Apply to DUI Charges?
Defense strategy is based on statutory requirements and evidentiary issues.
Challenging the Traffic Stop
If the stop lacked reasonable suspicion, evidence obtained afterward may be excluded.
Challenging Probable Cause
Insufficient observations or unreliable field sobriety tests may undermine the arrest.
Attacking Chemical Test Validity
Improper testing procedures can weaken the prosecution’s case.
Disputing Actual Physical Control
If the defendant was not in control of the vehicle, a key element is not satisfied.
At Lindsay Chase Law, we analyze DUI cases under Florida statutory requirements and evaluate whether the state can meet its burden of proof.
For more information about DUI defense representation, visit: https://www.lindsaychaselaw.com/practice-areas/dui
Photo by ArtHouse Studio from Pexels
