Driving Under the Influence, F.S. 316.193

In the state of Florida, it is unlawful to drive while under the influence of alcohol or a chemical substance.  DUI law is a particularly complex area of the law that can have lasting impacts on your employment and your ability to drive.  If you have been charged with this offense, you should contact an attorney immediately to ensure the best possible outcome in your case. 

In order to prove the charge of Driving Under the Influence, the State Attorney must prove several elements, each of which must be proved beyond and to the exclusion of all reasonable doubt. Those elements are: 

  1. That the defendant was in actual physical control of the vehicle, and 
  2. While driving or in actual physical control of the vehicle, the defendant:
    1. was under the influence of alcohol, a chemical substance, or a controlled substance to the extent that his normal faculties were impaired and/or
    2. had a blood or breath alcohol level of .08 or more grams of alcohol per 100 milliliters of blood/210 liters of breath

"Actual Physical Control" is a legal term that allows the State Attorney to charge someone with Driving Under the Influence even if they are not driving the vehicle at the time of the offense.  "Actual Physical Control" means that the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he is actually operating the vehicle at the time. There are a substantial number of appellate cases, which have further refined this definition.  If you are in this situation, Mr. Glassman will review your particular case in light of these appellate cases, and determine the best course forward.

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