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The Law Office of Chris Beardslee

DUI

What is a DUI?

Driving Under the Influence requires the State to prove two elements against a Defendant beyond a reasonable doubt:

1.) The Defendant drove, or was in actual physical control of, a vehicle

2.) While driving (or in actual physical control) of a vehicle, the Defendant was either:

A.) Under the influence of alcohol, a chemical substance, or a controlled substance to the extant that his or her normal faculties were impaired.

B.) Had a Blood/Breath alcohol level measured at or above .08 grams of alcohol.

The laws in Florida do not require the driver to actually be driving; the laws don’t even require the vehicle to be running. Actual physical control is defined as the capability to operate the vehicle based on the totality of evidence.

Field Sobriety Tests

Will my license be suspended?

How do I reinstate my license?