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What Constitutes Impairment of Normal Faculties or The Presence of a Blood or Breadth Alcohol Level over .08
4A Fla Jur Automobiles and Other Vehicles § 401
§ 401 Impairment of normal faculties
"It is insufficient for the State to prove that the defendant was under the influence of sleep deprivation, depression, sickness, or other natural conditions. The State must prove that the defendant was under the influence of alcoholic beverages, a chemical substance, or a controlled substance.
Caution: The state is required to prove that the defendant's faculties were impaired, rather than merely weakened."
4A Fla Jur Automobiles and Other Vehicles § 447
§ 447. When impairment presumed
"At the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that he or she was deprived of full possession of his or her normal faculties, the results of any tests administered in accordance with applicable statutesn1 is admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood or breath at the time alleged, as shown by chemical analysis of the person's blood, or by chemical physical test of the person's breath, will give rise to certain presumptions, based on specified blood-alcohol or breath-alcohol levels."
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