Florida DUI Attorney - Jury Instructions

Interested in the standard Florida jury instructions for DUI (drunk driving)? If you have been arrested for Driving While Under the Influence of Alcohol or a Controlled Substance ("DUI") in the Tampa Bay Area, including Hillsborough County, Pasco County, Manatee County, Polk County, Pinellas County or any of the surrounding areas, contact a Tampa DUI attorney to discuss your case.

Perhaps the best way to understand Florida DUI law is to read the standard jury instructions. If your DUI case goes to trial a similar instruction may be read to the jury in your case.

DRIVING WHILE UNDER THE INFLUENCE, Pursuant to Section § 316.193, Fla.Stat.

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 breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Definitions. Give as applicable.
"Vehicle" is any device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

"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.

"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.

"Alcoholic beverages" are considered to be substances of any kind and description which contain alcohol.

( ) is a controlled substance under Florida law. F.S. Chapter 893.

( ) is a chemical substance under Florida law. F.S. 877.111(1).

When appropriate, give one or more of the following instructions on the presumptions of impairment established by Fla.Stat. § 316.1934(2)(a), (2)(b), and (2)(c).

1. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

2. If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 but less than 0.08, you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; or

3. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that [his] [her] normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence to the extent that [his] [her] normal faculties were impaired.

These presumptions may be considered along with any other evidence presented in deciding whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

Give only if this defense is raised.
It is a defense to the charge of driving or being in actual physical control of a vehicle while under the influence if at the time of the alleged offense the vehicle was inoperable. However, it is not a defense if, while impaired, the defendant drove or was in actual physical control of the vehicle before it became inoperable. Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty if all the other elements of the charge have been proved beyond a reasonable doubt.
Reading the standard jury instructions for drunk driving or DUI charges under Florida law can give you a better idea what the issues in your case might involve. This general information is no substitute for speaking directly with an attorney about the facts of your case.

No comments:

Visit our office in Tampa, Florida
Sammis Law Firm
1005 N. Marion St.
Tampa, FL 33602
(813) 250-0500