What are the Florida DUI Laws?

The Florida DUI laws are controlled by Florida Statute 316.193. Under the law it is illegal to drive or be in actual physical control of a vehicle while. . .

1. you are under the influence of alcohol, drugs or prescription drugs to the extent that your normal faculties are impaired.  OR

 

2. you have an alcohol level of .08 or more grams of alcohol per 100 milliliters of blood OR

 

3. you have an alcohol level of .08 or more grams of alcohol per 210 liters of breath.

Under the law. . .

            A “vehicle” is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. This includes bicycles, ATVs, scooters, mopeds and lawnmowers.

 

“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. The usual types of actions the officers talk about when they make an arrest are “slurred speech” and an inability to stand up straight or balance. If the cop thinks you look a little unsteady and you sound as if you have been drinking, they will probably take you in.

 

“Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether they are actually operating the vehicle at the time. So if you are intoxicated and sitting in the front seat of a car listening to the radio, you are in physical control even if you aren’t driving. That can be enough to convict you of DUI.

 

The Florida DUI law is very broad, and it is very easy for an officer to find enough probable cause for an arrest. That is why you should be very cautious if you drink or take any type of drug or medication and drive. If you are arrested, make sure you hire good representation to defend you as there are often defenses you may not know about.