In Florida, it is possible to prove that an individual was driving under the influence by proving that the individual had a breath or blood alcohol level of at least .08 or the individual’s natural faculties were impaired. In rare cases, the State may try to prove that a Defendant is guilty of Driving Under the Influence where their blood alcohol level was below a .08 but above .05. In these cases, however, prosecutors lose the “presumption of impairment” associated with levels of .08 and above.
When Does a DUI Defense Begin?The case against the driver begins the moment a law enforcement officer stops the driver. The officer may stop the vehicle upon noticing a violation of traffic rules or another traffic infraction. Once the driver stops the vehicle, the police officer will observe the person’s overall demeanor and actions, and whether he or she smells of alcohol.
If there is a suspicion of impairment, the officer has a right under the Florida DUI laws to ask the driver to give a field sobriety test. The test involves a series of physical exercises that require an individual to perform more than a single thing at one time. It helps the officer observe how the individual is responding to such instructions. However, the law does not state that the individual must undertake these tests.