Additional DUI Info

DUI in Florida

In order to be convicted of DUI, the State must prove beyond a reasonable doubt the following:

  1. That you were driving, or in actual physical control of a motor vehicle
  2. While under the influence of alcohol or a chemical or controlled substance
  3. To the extent that your normal faculties were impaired OR with a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath

When You Are Stopped For a Suspected DUI

The State must also prove that the officer had a reasonable, articulable suspicion for stopping or approaching the vehicle. If you were stopped at a DUI checkpoint, the prosecutor must show that the checkpoint was set up in accordance with the Fourth Amendment to the U.S. Constitution.

After the stop, the officer will have you perform certain roadside exercises (also known as field sobriety exercises) in order to determine whether there is probable cause to arrest you for DUI. In most DUI cases, an officer will ask you to perform three tests - the Horizontal Gaze Nystagmus (HGN), the Walk and Turn, and the One Leg Stand. The officer may also have you perform the Romberg Balance Test, and/or the Finger to Nose Test. Each of these tests have specific procedures that the officer must follow in order to perform the test correctly. Often times, the officer administering the test is either inexperienced, or just plainly performs the test incorrectly.

The Breath Tests

If the officer determines that there is probable cause to arrest you for DUI, you will then be transported to the police station for a breath test. You will be read the Implied Consent Law and asked if you will provide a breath sample. If you refuse to provide a breath sample, and this is the first time that you have refused, your license will be suspended for 12 months. If this is your second, or subsequent, time refusing your license will be suspended for 18 months.