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Are You Presumed Guilty Of If You Have A Blood Alcohol Level Of 0.08%?

In any criminal case, it is unconstitutional to hold a presumption of guilt against a defendant. This is due to the fact that our constitution requires the government to prove its case beyond and to the exclusion of every reasonable doubt. However, the fact that the defendant had 0.08% or more by weight of alcohol in his or her blood is prima facie evidence that the defendant was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

Other Florida Drunk Driving Defense FAQs

Q: What Is D.U.I.And Drunk Driving?
A: D.U.I. is an abbreviation for "Driving Under the Influence." A person is guilty of the offense if such person is driving or in actual physical control of a … More
Q: What Does "In Actual Physical Control Of A Vehicle" Mean?
A: This term means that the individual has had the capability and power to dominate, direct or regulate the vehicle, regardless of whether or not he or she was exercising … More
Q: Is It Also Unlawful To Drive With A Blood Alcohol Level Of 0.08% Or Higher?
A: Yes. It is a crime to drive with an unlawful blood alcohol level of 0.08% or above.
Q: May I Refuse To Take A Breath, Blood Or Urine Test If Requested To Submit To One By A Law Enforcement Officer?
A: By accepting the privilege extended by the laws of this state of operating a motor vehicle, you are deemed to have given your consent to submit to an approved chemical … More
Q: Isn't It True That The Police Will Take Away Your License If You're Arrested For D.U.I.?
A: Under Florida law, a law enforcement officer may seize the driver's license of any person who is driving with an unlawful blood alcohol level (.08% or above), or who … More
Q: If The Officer Takes Away My Driver's License, For How Long Is It Suspended?
A: If you have refused to submit to a lawful breath, blood or urine test, your driving privilege will be suspended for a period of one (1) year for a first refusal, or … More
Q: How Can The Law Permit Suspension Of A Driver's License Before Any Kind Of Trial Begins? I Thought Criminal Law Required A Hearing Or Trial Before They Could Sentence You?
A: While the criminal punishment under Florida laws provides for certain safeguards before an individual may be sentenced, we must remember that driving a motor vehicle … More
Q: Is Jail Mandatory If I'm Convicted Of D.U.I.?
A: No. Not for the first conviction. However, for the second conviction within five (5) years of a prior conviction, a minimum imprisonment term of ten (10) days is … More
Q: What Are The Department Of Motor Vehicles License Revocation Procedures?
A: FIRST TIME DUI If your fail a breath test (.08 & above) (.02 for under 21 years of age): Your License will be Suspended for 1 year You are eligible for a … More
Q: What Are The Speed Limits In Florida?
A: Unless Otherwise Posted Absolute Interstate 70 mph Ltd Access Rds 70 mph Other Primary Rds 65 mph Residential 30 mph More