DUI Cases

NCDD National College for DUI Defense: Karen RodriguezDUI Cases:


DUI Covered Cases

DUI Jury Instructions:

  • What is the State's burden of proof in a DUI case?

The following is the Standard Jury Instruction, from the Florida Supreme Court, for a regular DUI case, not including death, property damage, serious bodily injury, etc, as such DUIs will require a separate set of DUI Instructions.

28.1 DRIVING UNDER THE INFLUENCE

§ 316.193(1), Fla. Stat.

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 or both 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.

b. had a [blood] [breath]-alcohol level of .08 or more grams

of alcohol per [100 milliliters of blood] [210 liters of breath].


Give if applicable. (Offenses committed prior to October 1, 2008, alcohol level of .20 or higher.)

If you find the defendant guilty of Driving under the Influence, you must also determine whether the State has proven beyond a reasonable doubt whether:

a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle.

b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence.


The State is first required to prove that you were driving or in actual control of a vehicle, while in the streets of the particular County in Florida. In order to prove the first element, the State is not required to prove that you were driving, but could meet the element by proving that you were in actual control of the vehicle. There are available defenses to the element of actual control of a vehicle, and whether those defenses are available to you will depend on the particular set of facts of your case. An experienced attorney, I will know how to hold the State to its burden and how to apply affirmative defenses to your case, as they are applicable.

The State will then have to prove that, while driving or in actual control of a vehicle, you were under the influence of alcoholand/or drugs to the extent that your normal faculties were impaired. The State could meet this element by producing evidence of alcohol in your system, whether it is by urine, blood and/or breath. If you provided a sample, and your results showed a level of alcohol above .08, whether those results will be admissible in evidence, will depend on a series of factors and the matter could be litigated through pre-trial motions, before the case is even set for trial. If the motions result in the exclusion of your breath result, the case will not necessarily be dropped, as the State can still attempt to prove that you were impaired without a (breath/blood/urine) result. The State could move forward in your case and attempt to prove impairment by showing that your normal faculties were impaired.


As a former prosecutor, I handled hundreds of DUI cases and have experience in working each one of those cases from arrests all the way to dispositions, whether the cases resulted in trials or plea agreements. I will personally work in your case and will assist you in every step of the way towards a resolution, even if it means taking the case all the way to trial.

Once your case is resolved, I will also look into your case to determine whether you are eligible to have your record expunged or sealed. Please look into the Record Sealing Section for more information as to how the process works.

Fill out the Contact Form or call to make an Appointment, in order to receive a free consultation, and I will personally go over your case and answer all of your questions. We offer flexible payment plans, and flexible appointments to include after hours and weekends.


The information provided in this website does not constitute legal advice and is provided only for Informational Purposes.

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