Legal Question in DUI Law in Florida

Re: DUI in florida

In Florida, there are two separate crimes: driving while under the influence to the extent that your normal faculties are impaired and driving with an unlawful blood alcohol content. Although it might be theoretically possible to convict one of driving with an unlawful blood alcohol content when his reading was less than .08% alcohol at the time of the test (by showing through other evidence that the level had been higher at the time he was driving), as a practical matter, it he blows under .08, he probably won't be convicted of this crime. However, driving under the influence is another matter. Different persons have different tolerances to alcohol. Some persons may have their normal faculties impaired by alcohol at a level under .08, and they can be convicted. Also, the normal faculties can be impaired by other intoxicants, including both illegal and prescribed drugs. A person can be convicted of DUI with a BA reading of 0.00 alcohol, where he is under the influence of a controlled substance to the extent his normal faculties are impaired. The law contains a provision calling for a urine test where an officer has reasonable cause to believe a person is under the influence of a controlled substance while he is in control of a motor vehicle.

Dan