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To be found guilty of Driving Under the Influence in the State of Florida, the government must prove the following beyond and to the exclusion of every reasonable doubt:
1. Driving 'Under the Influence.' First, the government must prove that the accused was driving on a road in the State of Florida while under the influence of alcohol or a chemical controlled substance.
2) Blood Alcohol Content (BAC) above .08%. Second, the government must prove, with competent evidence that the accused had a BAC of .08% or higher. Typically, the BAC is produced in the form of an affidavit signed by the technician sitting behind the breat machine the night the accused gave the sample. OR
3) Normal Faculties Impaired. In the alternative, if the government does not have a breath sample because the accused refused to provide one then the government must prove that the accused's normal faculties were impaired.
THINGS TO CONSIDER
IMPAIRED: A Sliding Scale
Over the years, the Florida courts and legislature have had a difficult time defining the term 'impaired.' Currently, the government argues that 'impaired' means to weaken or lessen to a material extent.
NORMAL FACULTIES: What is Normal?
Normal faculties refer to a person's ability to walk, talk, see, hear, react, judge distance, drive a car, etc. The government must prove that a person's 'normal faculties' were lessened by the consumption of alcohol or some other chemical substance. Juding a person's individual 'normal faculties' has been a question avoided by the Florida courts and legislature for many years.
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