LibGuides: DUI's in Florida by Stephanie Stich: Legal Encyclopedias

Implied Consent to Testing

4A Fla. Jur 2d Automobiles and Other Vehicles § 418

§ 418. Generally; implied consent to testing

"The legislature has chosen to extend greater protection to Florida citizens who are required to give samples for testing in driving under the influence (DUI) cases than is provided by the federal or state constitutions. The Implied Consent Law provides this protection." For more information, see the full article.

Refusal to Submit to Testing

4A Fla. Jur 2d Automobiles and Other Vehicles § 419

§ 419. Refusal to submit to breath or urine test

"The refusal of a person to submit to a chemical or physical breath test or to a urine test upon the request of a law enforcement officer as provided by statute is admissible into evidence in any criminal proceeding. Moreover, the exclusionary rule under the Federal Constitution is not implicated where state law provides that evidence of a defendant's refusal to submit to a breath test is inadmissible if the underlying arrest was unlawful. However, the implied consent law does include an exclusionary rule that prohibits the use of blood results taken contrary to its core policies of ensuring reliability of the tests and protecting the health of the test subjects." For more information, see the full article.

Actual Physical Control of Car

11 Fla. Prac., DUI Handbook § 1:3 (2014-2015 ed.)

West's Florida Practice Series TM

DUI Handbook

§ 1:3. Proof of driving or actual physical control of a vehicle

"Typically, an officer or another witness sees the driving or the defendant's statements prove the driving.1When that is not true, the circumstantial evidence rule applies. Thus, in Davis v. State,2 for example, the court acquitted the defendant where the evidence failed to overcome his testimony and other proof that he was only a passenger in the car. The result was the same in Lukas v. State,3 where there was no direct evidence of driving or actual physical control and the circumstantial evidence failed to exclude every reasonable hypothesis of innocence. The court came to a contrary conclusion in West v. State,4 a DUI Manslaughter case, based solely on the State's expert testimony." For more information, see the remainder of the article.

Affidavit of Test Results

4A Fla. Jur 2d Automobiles and Other Vehicles § 448

§ 448. Affidavit of test results

"An affidavit containing the results of any test of a person's blood or breath to determine its alcohol content, as authorized by statute, is admissible in evidence under the exception to the hearsay rule for public records and reports. The affidavit is admissible without further authentication and is presumptive proof of the results of an authorized test to determine alcohol content of the blood or breath if the affidavit discloses: (1) the type of test administered and the procedure followed; (2) the time of the collection of the blood or breath sample analyzed; (3) the numerical results of the test indicating the alcohol content of the blood or breath; (4) the type and status of any permit issued by the Department of Law Enforcement which was held by the person who performed the test; and (5) if the test was administered by means of a breath testing instrument, the date of performance of the most recent required maintenance on such instrument. Admissibility of the affidavit does not abrogate the right of the person tested to subpoena the person who administered the test for examination as an adverse witness at a civil or criminal trial or other proceeding." For more information, see the full article.