If you or someone you know is involved in a DUI incident or has questions about the laws in Florida, always consult with an experienced DUI attorney. Here is a basic overview of DUI laws in Florida:
Definition of DUI
In Florida, DUI is defined as driving, or being in actual physical control of a vehicle while your normal faculties are impaired by alcohol or chemical or controlled substances. See Section 316.193, Florida Statutes. There is a presumption of impairment if you have a blood alcohol content (BAC) of 0.08% or higher.
Driving or in Actual Physical Control
An offender must be driving or in actual physical control of a vehicle. “Actual physical control” means that the person must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether they are actually driving it at the time.
Field Sobriety Tests
In Florida, when law enforcement suspects a driver is impaired due to alcohol or drugs, they may administer a series of physical or cognitive evaluations. These evaluations are commonly referred to as Field Sobriety Tests (FSTs). Field Sobriety Tests are a battery of tests to obtain indicators of impairment and establish probable cause for arrest. After an arrest, law enforcement may request a breath, blood or urine sample to confirm their suspicion of impairment and validate the arrest. Some Examples of Field Sobriety Tests are:
Walk and Turn
This is a “divided attention” test that requires a suspect to listen to and follow instructions while performing physical movements. The individual is asked to take nine steps, heel-to-toe, along a straight line, turn on one foot, and then return in the same manner.
One-Leg Stand
The suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand one, one thousand two, etc.) until told to put the foot down. The officer times the subject for 30 seconds.
While these are the standardized tests, officers might use other non-standardized tests. Some of these might include the finger-to-nose test, counting fingers, or reciting the alphabet. The results can be subjective, and various external factors such as medical conditions, uneven road surfaces, and footwear can affect performance.
The penalties for DUI depend on a number of factors, including the driver’s BAC, whether it’s a first or subsequent offense, and whether any injuries or deaths occurred. See Section 316.193(2)(a), Florida Statutes.
Do You or a Loved-One Need Help with a DUI?
If you or a loved-one have been arrested for DUI, it is critical that you get help from an experienced DUI attorney. An experienced DUI attorney will help you navigate through the complicated DUI laws and Department of Highway Safety Motor Vehicles (DHSMV) rules and get you the best possible outcome.
