Tampa DUI Attorney discusses "Presumptions of Impairment"

Presumptions of Impairment under Florida DUI Law

Under Florida law, the result of your breath test reading will cause a certain "presumption of impairment." Practically, this means that if your Tampa DUI case went to trial the jury would be instructed on certain presumptions they could make based on the level of your DUI breath test reading.

One of the best ways to understand the presumptions of impairment under Florida law is to read the standard jury instructions that would be given at your DUI trial under Florida Statute Section 316.1934(2)(a), (b) or (c).

1. Breath of Blood Test Reading of .05 or Less - If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that the defendant's normal faculties were impaired; but this presumption may be overcome by other evidence demonstrating that the defendant was under the influence of alcoholic beverages to the extent that the defendant's normal faculties were impaired.
2. Breath of Blood Test Reading of more than .05 but less than .08 - If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level in excess of .05 but less than .08, that fact does not give rise to any presumption that the defendant was or was not under the influence of alcoholic beverages to the extent that the defendant's normal faculties were impaired. In such cases, you may consider that evidence along with other evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that the defendant's normal faculties were impaired.
   
3. Breath or Blood Test Reading of .08 or More - If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that the defendant's normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that the defendant's normal faculties were impaired.

Contact a Tampa DUI Attorney at the Sammis Law Firm to discuss how the presumptions of impairment (or lack thereof) might effect your DUI case in Hillsborough County, FL. Call 813-250-0500 to discuss the particular facts of your case directly with an attorney.