Jacksonville DUI Lawyer Discusses Florida DUI Elements
If you are arrested for DUI, the Assistant State Attorney must prove three separate and distinct elements in order for you to be convicted of Driving Under the Influence in Florida. Pursuant to Florida Statute 316.193 those elements are:
- You were operating or in actual physical control of a motor vehicle;
- You were under the influence of alcohol OR a controlled substance; and
- Your normal faculties were impaired.
As you might notice, element one (1) does not require one to be “driving” a vehicle in order to be convicted of DUI. Rather, being in Actual Physical Control of the vehicle is enough to justify a DUI charge. What this means is that it is possible to be sitting in a parked car with the keys in your pocket and be found to be in actual physical control.
The second elements requires the State to prove that you were under the influence of alcohol or drugs. Normally, this elements is presented in the form of testimony from the officer who arrested you claiming they observed bloodshot, watery eyes, slurred speech, unsteady on your feet, etc. These observations can go on and on. Additional, the State may introduce results from breath, blood, or urine tests showing the presence of alcohol they claim to be accurate.
Finally, the State must prove that your normal faculties were impaired. Once again, the arrested officer will likely testify that you were swaying while standing in one position, unable to walk or talk normally, or unable to follow directions. Once again, these observations can go on and on.
Many of these elements or aspects can be contradicted or limited by skilled cross examination by Jacksonville DUI Attorney. It is absolutely critical to hire a skill and aggressive Jacksonville Drunk Driving Lawyer or DUI Attorney in St Augustine who can challenge these elements effectively and successfully. If you or a loved one have been arrested for DUI, it is imperative that you speak with a qualified attorney immediately. Rainka Law has handled hundreds of DUI charges and offers free case evaluations. Contact Rainka Law today.
Rainka Law, LLC
50 North Laura Street, Suite 2500
Jacksonville, Florida 32202