FLORIDA DUI LAW IN A NUTSHELL
On a regular basis, the ANDREWSTINE.COM blog receives questions and comments about what is the law in Florida regarding a DUI?
In order to help the consumer and practioner, ANDREWSTINE.COM has dedicated the following facts to a Florida DUI.
In Florida, a person is guilty of driving under the influence of alcoholic beverages, a harmful chemical substance, when the driver is affected to the extent that his or her normal faculties are impaired; or when the person has a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or when the person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

NORMAL FACULTIES
So in Florida, DUI can be proven up by the state if the normal faculties are impaired? What is that? The case law defines normal faculties as the ability to see, walk, talk, hear and so on. This is why when a driver is stopped in Florida for DUI, the police enforcement officer wants the driver to perform those silly road side tests. I can assure you that it is in my opinion that the Driver should refuse the road side tests. By performing the test, the driver only provides the law enforcement officer with video taped evidence of how the driver is performing. As an example and for fun, after you awake in the morning stand at the edge of your bed and hold one foot out in front of the other foot at about 6-12 inches from the ground with your arms extended at your sides and try to bring your hand with one finger to your nose. Now think about doing this on the edge of I-95 with traffic coming at you and behind you at 65 -85 mph. Sounding scary? Would you let you child or grandchild play such a silly game on I-95 in the middle of the night? Then why would you? Don’t perform the test!

BLOW OR NOT TO BLOW?
Should I BLOW? DON’T BLOW during a DUI stop or invetsigation! Hasn’t your mother taught you better. Never blow into that silly machine that is so outdated and lacking in the area of technology that the results are fraught with inaccuracies. What does that mean? The Intoxilizer 5000 or 8000 the machines used by most Police Agencies and Sheriff’s Offices in Florida for DUI arrest are without doubt unreliable. The machines and the software in the Intoxilizer 5000 or 8000 is ancient. I mean you remember the old Macintosh Computers of the early 1980’s, with the punch cards, well the Intoxilizer 5000 or 8000 is even more outdated than those old dinosaurs. Why would you trust your liberty to a machine with an operating system older than your first born child or oldest grandchild?
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