Signed in as:
filler@godaddy.com
Florida DUI Law Introduction
The Law Office of Sean Clayton, P.A. can defend your Broward, Miami-Dade, or Palm Beach DUI...
Florida refers to impaired driving as "driving under the influence" or DUI. In some other states you might hear it referred to as OWI or DWI, perhaps. DUI encompasses a broad range of misdemeanor and felony DUI charges.
One can be charged with DUI in Florida if there is evidence they were driving or in "actual physical control" of a vehicle while under the influence of alcohol or a controlled/chemical substance to the extent their "normal faculties" are impaired. Beyond these basic elements, there are various elements for cases involving multiple DUI offenses, property damage, minors, injury, and death, which can establish different misdemeanor and felony forms of DUI. It is from these elements in the definition that defenses to DUI are built.
If proven, the penalties vary greatly by DUI charge and individuals can face significant personal and professional repercussions. If you or someone you know finds themselves facing DUI charges in Broward, Miami, or Palm Beach County, reach out to the experienced DUI defense attorneys at the Law Office of Sean Clayton, PA. We can help.
Basic Elements of DUI in Florida
Driving or Actual Physical Control
Driving is self-explanatory, but what is "actual physical control?" Florida jury instructions define actual physical control as:
"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 can turn on many factors including position of the keys, operability of the vehicle, etc.
Under the Influence of Alcohol or Chemical or Controlled Substance
Again, we all know what alcohol is. Florida helps us by defining "controlled substances" in Florida Chapter 893, which has to do with prescription and narcotic substances. Finally, "chemical substances are defined in Florida Statute § 877.111(1). The key here is that the State of Florida has to prove it is one of these things impairing you. If it's not on this list or the state doesn't know what is in your system, they cannot prove a DUI.
To the Extent that Normal Faculties are Impaired
Driving is often described in a courtroom as a "divided attention task," involving the ability to factor speed, traffic, pedestrians, and other distractions, simultaneously, then act accordingly. Well, the term "normal faculties" is really just talking about our ability to do that. Citing to Florida Statute §316.1934(1), the jury instructions for DUI define normal faculties as follows:
"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."
Florida provides for a presumption of impairment for anyone who is revealed to have a .08 BAC. But, that is not the end of the story. The machines used to test are subject to a lot of scrutiny and rigorous standards. It is not uncommon to find an error in following procedures which calls into question the State's evidence.
Of course, impairment can also be proven by observations of the investigators and other witnesses. However, normal faculties differ for each of us and often times witnesses or law enforcement observations fail to take these into account. Countless times an accent has been mistaken for "slurred speech." An experienced criminal defense attorney can help when the wrong call is made.
DUI Offenses in Florida
Misdemeanor DUI Charges
Felony DUI Charges in Florida
Felony DUI Charges in Florida
Felony DUI Charges in Florida
Felony DUI Charges in Florida
Felony DUI Charges in Florida
Choosing the Right Attorney for Your DUI Defense
The Law Office of Sean Clayton, P.A. Law Firm: Your Trusted Legal Advisors
Whether arrested for DUI in West Palm Beach, Fort Lauderdale, or Miami Beach, it is important you consult with an attorney. You only have ten (10) days to address the license consequences or save your driving privilege. Our DUI Defense Attorneys in Broward, Miami, and Palm Beach County can help. Follow our link, here, to get started with your free consultation.
Enjoy our Tips for Selecting a DUI Attorney to aid you in your decision.