Florida Standard Jury Instructions, Standard Jury Instructions

Florida DUI Standard Jury Instructions

Florida DUI
Standard Jury Instruction
Here are the Standard Jury Instructions used in Florida DUI Cases.
DRIVING WHILE UNDER THE INFLUENCE
F.S. 316.193
To prove the crime of driving under the influence the state must prove the following two elements beyond a reasonable doubt:
1. (Defendant) drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle (defendant)
Give 2a or b as applicable
a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired or
b. had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or a breach-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath
Florida DUI Standard Jury Instruction – Presumptions
1. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.
2. If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 but less than 0.08, you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; or
3. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that [his] [her] normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence to the extent that [his][her] normal faculties were impaired.
These presumptions may be considered along with any other evidence presented in deciding whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.