How Can a DUI Charge Be Proven?
In Florida, the prosecutor must prove that you were driving or in actual physical control of a vehicle while you either:
- Had an unlawful blood alcohol content (BAC); of .08% or higher.
- Your normal faculties were impaired by alcohol and/or drugs.
Proof Offered by State Attorney in a DUI
BAC is proven by:
- Breath Testing results. Breath testing is done at the jail, you will be observed by a breath tech operator and he/she will submit a report with the breath test results, in addition to his/her observations of you and your answers to questions.
- Blood test results. If you are in an accident, blood may be drawn at the hospital or at the scene of the accident by a medical professional.
Normal faculties impaired proven by:
- Police officer observations. The officer's report will often describe driving patterns, behavior, field sobriety testing, statements made, evidence of drinking or drugs, and/or the smell of alcohol or marijuana.
- Any statements made by you, including where you were prior to the stop, how much you had to drink or any admissions to being intoxicated.
- Any items seized from your vehicle or person, including alcohol, drugs or paraphernalia.
- If you provide a low BAC, you may be asked to provide a urine sample. If any drugs are detected, the State will argue that you were under the influence of said substances.
If You Have Any Questions Regarding a DUI in Florida
Please contact Clifton Law Office, you can reach me at my contact page online or call me directly at 904-209-4883.
