Monday, November 28, 2005

Florida DUI Standard Jury Instruction

DRIVING WHILE UNDER THE INFLUENCE

F.S. 316.193

To prove the crime of driving under the influence the state must prove the following two elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle (defendant)

Give 2a or b as applicable

a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired or

b. had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breach-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath

DUI Tampa Attorney Florida Lawyer

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