Sunday, July 12, 2009
DUI Florida Jury Instruction
Tampa Florida DUI Attorney answers the question: What is the Jury told to help reach a verdict in a DUI case? The Florida Supreme Court has proposed the following instructions to jurors deciding DUI cases:
"If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired."
This language comes from s. 316.1934, Florida Statutes (2009), and the Florida Supreme Court notes this language has been in the standard jury instructions for over twenty-five years.
The Complete Proposed Jury Instruction is Here.
Florida's Standard Jury Instructions are located here.
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Florida DUI Attorney
Labels: DUI Florida Jury Instruction, DUI Jury Instructions, florida dui attorney, florida dui lawyer
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