Driving Under the Influence

DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

The Palm Beach and Broward County DUI criminal defense attorneys at Leifert & Leifert represent criminal cases of all types, including and especially cases stemming from charges of driving under the influence of alcoholic beverages, chemical substances or controlled substances (DUI). The law that governs what constitutes a DUI and prescribes the penalties for conviction of DUI is s. 316.193 of the Florida State Statutes.


According to s. 316.193 (1)(a-c), an individual is guilty of the offense of DUI and is therefore subject to punishment in s. 316.193(2) if the person is driving or otherwise in physical control of a vehicle in Florida and:


1.    Under the influence of alcoholic beverages, any chemical substance listed in s. 877.111, (including any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, ethylene glycol monomethyl ether acetate, cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites (butyl nitrite), or any similar substance for the purpose of inducing a condition of intoxication or which distorts or disturbs the auditory, visual, or mental processes), or any of the hundreds of controlled substances listed by Schedule in chapter 893, such as marijuana, cocaine, heroin, and prescription drugs (even when they’re prescribed), when such an individual is affected to the extent that the person’s normal faculties are impaired;
2.    Has a blood-alcohol level of 0.08 or more grams of alcohol (per 100 milliliters of blood); or
3.    Has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.


The Palm Beach and Broward County DUI criminal defense attorneys at Leifert & Leifert want you to be aware that these three methods of ascertaining whether an individual has been driving under the influence need not be determined together in order for a DUI to be proven. Only one of the above methods of proving a DUI needs to be present in order for an individual to be charged with DUI. Thus, contrary to popular belief, even if your BAC is below a 0.08 (the legal limit at or above which you are technically driving under the influence of alcohol), you can still be charged with DUI.


Having your “normal faculties” impaired means that your basic abilities (such as but not limited to the ability to see, hear, talk, walk, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical tasks of everyday life) are weakened or lessened. As stated above, you need not have a BAC of .08 to be arrested for DUI – if a law enforcement officer simply suspects that your normal faculties are impaired, based on observations as well as performance on physical roadside exercises, you can be arrested for DUI.


Our firm is comprised of former Palm Beach and Broward County prosecutors; as such, with our firm representing you and defending you from charges of DUI, you will have the benefit of inside knowledge of how the prosecution will go about structuring their case, what types of defense maneuvers will be effective, and how juries and local judges will view witness testimony, evidence entered into court, etc. 


For information on the penalties associated with DUI, please visit our page on DUI Misdemeanor Conviction.


If you are arrested for or charged with a DUI in Palm Beach, Broward or Miami-Dade County, it is essential that you retain a defense attorney. The skilled Palm Beach and Broward County DUI defense attorneys at Leifert & Leifert can help you resolve your case as seamlessly as possible. Do not delay this process—the first ten days after your arrest are the most crucial; during this time, your attorney can lobby the court for your rights, including your right to drive. For a free consultation, contact us at 1-888-5-DEFEND (1-888-533-3363).

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