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Legal Definition of DUI in Florida

July 27, 2012 by

Being charged with a DUI can be frightening and confusing. You may not know the technical legal definition of a DUI, and therefore don’t understand the implications of such a charge. Driving Under the Influence is a serious criminal charge, and in no way should you attempt to defend yourself. If you are charged with a DUI in Pensacola, consider retaining professional legal counsel.

 

Florida DUI Legal Code

The state of Florida’s legal code defines a DUI as:

 …driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s.877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

 

How a DUI is Proven in Florida

No matter the circumstances, or where you are arrested in Pensacola, your DUI charge will have to be proven in one of two ways:

  • Your normal faculties were impaired.
  • You drove with an unlawful blood alcohol or breath alcohol level of .08 or higher.

Either of these prosecution routes result in the same penalties if you are convicted. For more information about penalties, consult our Florida DUI Penalties page. If this is your first DUI charge, it is vitally important to fight it with every defense possible, as the penalties for repeat offenders are drastically increased.

A DUI Defense Attorney who gets Results

Sherry Ivey Jones practices only criminal law, and specializes in DUI defense cases. She practices exclusively in Pensacola and Northwest Florida, and has an extensive history of successfully defending DUI cases. While the specifics of each case are different, and past success is no guarantee in your case, it’s preferable to work with a defense attorney that is well versed in DUI arrest cases. For more information about attorney Jones’ qualifications and record, you can read about her here, or contact her directly for a free consultation on your case.

 

Retain Legal Counsel for your DUI

If you are arrested in Escambia, Santa Rosa, Okaloosa or Walton Counties, attorney Sherry Ivey Jones can help. Email Sherry Directly at sherry@sijoneslawfirm.com. You can call her at (850) 934-6554 , and calls are returned promptly. You can also fill out the free consultation form on the right side of this page to begin working with Sherry immediately. Don’t leave the defense of your case to chance. Find out the facts about the law and your defense today.

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