What the State Must Prove to Convict You of DUI in Florida

To prove the crime of Driving Under the Influence (DUI), the State (Prosecutor) must prove the following elements beyond a reasonable doubt:

1. The Defendant drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, the Defendant:
   1. Was under the influence of alcoholic beverages, a chemical substance, or a controlled substance to the extent that his/her normal faculties were impaired; or
   2. Had a blood/breath-alcohol level of .08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath.
      

“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 he/she is actually operating the vehicle at the time. This means that an officer may have probable cause to arrest someone for DUI even if he/she is not actually driving the vehicle. Just sitting behind the wheel or sleeping behind the wheel may be enough to provide law enforcement with probable cause that you are in actual physical control of a vehicle.

“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 many mental and physical tasks of our daily lives.

An officer must have probable cause to arrest someone for DUI. An officer will use what is referred to as the “totality of the circumstances” in determining whether he/she believes there is probable cause to arrest. The “totality of the circumstances” means looking at the suspect’s driving pattern, speech, color of the face, motor skills when retrieving documents, how the suspect’s eyes look, among other factors.

An officer may ask a suspect if he/she will perform field sobriety tasks. Remember, a person in the State of Florida is under no statutory duty to submit to field sobriety tasks, and the officer cannot force you to do them. The officer is under no duty to tell you that you do not have to submit to the field sobriety exercises, so keep this in mind if you ever find yourself in a situation where you are being investigated for DUI.

The attorneys at Cotton & Gates have handled hundreds of DUI cases, and they are very knowledgeable about DUI laws in the State of Florida. If you have been arrested for DUI or any other criminal charge contact Cotton & Gates to schedule a free consultation to evaluate your case and discuss your rights.