How Can a DUI Charge Be Proven?

police car at night

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.