Estimates are provided for educational purposes only. Do not use these estimates as a basis for making a decision about drinking or driving. For information about the formulas used in this estimate click here. For information about using this see the AODWiki eBAC Calculator discussion.
Do not use these estimates as a basis for making a decision about drinking or driving.
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| Florida Standard Jury Instruction for DUI Breath Alcohol |
Tampa Florida DUI Attorney presents the Florida Jury Instruction that informs DUI trial jurors of the significance of a breath test BRAC result that has been properly obtained by law enforcement. Defending DUI Breath test cases involves a full investigation that the breath samples were obtained in compliance with the Constitution, Laws, Statutes, Rules, and Regulations applicable to Search and Seizure and collection of breath samples. Documentation of most, if not all data uploaded from Florida's Intoxilyzer 8000 machines, correspondence from the Florida Department of Law Enforcement breath test officials, and correspondence from CMI, the manufacturer are available online. Data from Intoxilyzer machines used in Florida is covered here.
The Florida Supreme Court has proposed the following instructions to jurors deciding DUI cases:
"If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired."
Source: 316.1934, Florida Statutes (2009), and the Florida Supreme Court.
