(1) It is unlawful and punishable as provided in chapter 322 and in s. 316.193 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to drive or be in actual physical control of any motor vehicle within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.
(2) 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 the person’s 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 test administered in accordance with s. 316.1932 or s. 316.1933 and this section are 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 or physical test of the person’s breath, gives rise to the following presumptions:
(a) If there was at that time a blood-alcohol level or breath-alcohol level of 0.05 or less, it is presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b) If there was at that time a blood-alcohol level or breath-alcohol level in excess of 0.05 but less than 0.08, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c) If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Moreover, such person who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an unlawful blood-alcohol level or breath-alcohol level.
The presumptions provided in this subsection do not limit the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(3) A chemical analysis of a person’s blood to determine alcoholic content or a chemical or physical test of a person’s breath, in order to be considered valid under this section, must have been performed substantially in accordance with methods approved by the Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures or any insubstantial defects concerning the permit issued by the department, in any individual case do not render the test or test results invalid. The Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualifications and competence of individuals to conduct such analyses, and issue permits that are subject to termination or revocation in accordance with rules adopted by the department.
(4) Any person charged with a violation of s. 316.193, whether in a municipality or not, is entitled to trial by jury according to the Florida Rules of Criminal Procedure.
(5) An affidavit containing the results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933, is admissible in evidence under the exception to the hearsay rule in s. 90.803(8) for public records and reports. Such 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:
(a) The type of test administered and the procedures followed;
(b) The time of the collection of the blood or breath sample analyzed;
(c) The numerical results of the test indicating the alcohol content of the blood or breath;
(d) 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
(e) 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.
The Department of Law Enforcement shall provide a form for the affidavit. 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.
(6) Nothing in this section prohibits the prosecution of a person under s. 322.62. The provisions of subsection (2) do not apply to such prosecution and the presumptions made pursuant to that subsection may not be introduced into evidence during such prosecution.
History.—ss. 2, 3, ch. 67-308; ss. 19, 35, ch. 69-106; ss. 3, 4, ch. 70-279; s. 1, ch. 70-439; s. 3, ch. 74-384; s. 42, ch. 76-31; s. 1, ch. 76-153; s. 51, ch. 77-147; s. 5, ch. 82-155; s. 2, ch. 83-218; s. 5, ch. 84-359; s. 17, ch. 86-296; s. 5, ch. 88-5; s. 2, ch. 88-82; s. 27, ch. 89-282; s. 4, ch. 91-255; s. 22, ch. 92-58; ss. 2, 4, ch. 93-124; s. 316, ch. 95-148; s. 5, ch. 96-330.
Note.—Former s. 322.262.
Structure Florida Statutes
Chapter 316 - State Uniform Traffic Control
316.007 - Provisions Uniform Throughout State.
316.0075 - Operator Use of Commercial Mobile Radio Services and Electronic Communications Devices.
316.0076 - Regulation and Use of Cameras.
316.008 - Powers of Local Authorities.
316.0081 - Request Regarding Traffic Signals or Other Traffic Control Devices.
316.0083 - Mark Wandall Traffic Safety Program; Administration; Report.
316.00831 - Distribution of Penalties Collected Under S. 316.0083(1)(b).
316.027 - Crash Involving Death or Personal Injuries.
316.061 - Crashes Involving Damage to Vehicle or Property.
316.062 - Duty to Give Information and Render Aid.
316.063 - Duty Upon Damaging Unattended Vehicle or Other Property.
316.064 - When Driver Unable to Report.
316.065 - Crashes; Reports; Penalties.
316.066 - Written Reports of Crashes.
316.069 - State to Tabulate and Analyze Crash Reports.
316.070 - Exchange of Information at Scene of Crash.
316.071 - Disabled Vehicles Obstructing Traffic.
316.072 - Obedience to and Effect of Traffic Laws.
316.073 - Applicability to Animals and Animal-Drawn Vehicles.
316.074 - Obedience to and Required Traffic Control Devices.
316.0741 - High-Occupancy-Vehicle Lanes.
316.0745 - Uniform Signals and Devices.
316.07456 - Transitional Implementation.
316.0747 - Sale or Purchase of Traffic Control Devices by Nongovernmental Entities; Prohibitions.
316.075 - Traffic Control Signal Devices.
316.0755 - Pedestrian Control Signals.
316.0765 - Lane Direction Control Signals.
316.077 - Display of Unauthorized Signs, Signals or Markings.
316.0775 - Interference With Official Traffic Control Devices or Railroad Signs or Signals.
316.0776 - Traffic Infraction Detectors; Placement and Installation.
316.0777 - Automated License Plate Recognition Systems; Public Records Exemption.
316.0778 - Automated License Plate Recognition Systems; Records Retention.
316.078 - Detour Signs to Be Respected.
316.079 - Duty to Yield to Highway Construction Workers.
316.08 - Requirements of Flagpersons.
316.081 - Driving on Right Side of Roadway; Exceptions.
316.0815 - Duty to Yield to Public Transit Vehicles.
316.0817 - Loading and Unloading of Bus Passengers.
316.082 - Passing Vehicles Proceeding in Opposite Directions.
316.0825 - Vehicle Approaching an Animal.
316.084 - When Overtaking on the Right Is Permitted.
316.085 - Limitations on Overtaking, Passing, Changing Lanes and Changing Course.
316.087 - Further Limitations on Driving to Left of Center of Roadway.
316.088 - One-Way Roadways and Rotary Traffic Islands.
316.089 - Driving on Roadways Laned for Traffic.
316.0895 - Following Too Closely.
316.090 - Driving on Divided Highways.
316.091 - Limited Access Facilities; Interstate Highways; Use Restricted.
316.1001 - Payment of Toll on Toll Facilities Required; Penalties.
316.121 - Vehicles Approaching or Entering Intersections.
316.122 - Vehicle Turning Left.
316.123 - Vehicle Entering Stop or Yield Intersection.
316.1235 - Vehicle Approaching Intersection in Which Traffic Lights Are Inoperative.
316.130 - Pedestrians; Traffic Regulations.
316.1301 - Traffic Regulations to Assist Blind Persons.
316.1303 - Traffic Regulations to Assist Mobility-Impaired Persons.
316.1305 - Fishing From State Road Bridges.
316.1355 - Driving Through Safety Zone Prohibited.
316.151 - Required Position and Method of Turning at Intersections.
316.1515 - Limitations on Turning Around.
316.152 - Turning on Curve or Crest of Grade Prohibited.
316.154 - Starting Parked Vehicle.
316.155 - When Signal Required.
316.156 - Signals by Hand and Arm or Signal Lamps.
316.157 - Method of Giving Hand and Arm Signals.
316.1575 - Obedience to Traffic Control Devices at Railroad-Highway Grade Crossings.
316.1576 - Insufficient Clearance at a Railroad-Highway Grade Crossing.
316.1577 - Employer Responsibility for Violations Pertaining to Railroad-Highway Grade Crossings.
316.159 - Certain Vehicles to Stop or Slow at All Railroad Grade Crossings.
316.170 - Moving Heavy Equipment at Railroad Grade Crossings.
316.171 - Traffic Control Devices at Railroad-Highway Grade Crossings.
316.172 - Traffic to Stop for School Bus.
316.187 - Establishment of State Speed Zones.
316.189 - Establishment of Municipal and County Speed Zones.
316.1891 - Designation of Special Event Zones; Definitions; Enhanced Penalties; Vehicle Impoundment.
316.1893 - Establishment of Enhanced Penalty Zones; Designation.
316.1895 - Establishment of School Speed Zones, Enforcement; Designation.
316.1905 - Electrical, Mechanical, or Other Speed Calculating Devices; Power of Arrest; Evidence.
316.1906 - Radar Speed-Measuring Devices; Evidence, Admissibility.
316.191 - Racing on Highways, Street Takeovers, and Stunt Driving.
316.1923 - Aggressive Careless Driving.
316.1926 - Additional Offenses.
316.193 - Driving Under the Influence; Penalties.
316.1934 - Presumption of Impairment; Testing Methods.
316.1935 - Fleeing or Attempting to Elude a Law Enforcement Officer; Aggravated Fleeing or Eluding.
316.1936 - Possession of Open Containers of Alcoholic Beverages in Vehicles Prohibited; Penalties.
316.1937 - Ignition Interlock Devices, Requiring; Unlawful Acts.
316.1938 - Ignition Interlock Devices, Certification; Warning Label.
316.1939 - Refusal to Submit to Testing; Penalties.
316.194 - Stopping, Standing or Parking Outside of Municipalities.
316.1945 - Stopping, Standing, or Parking Prohibited in Specified Places.
316.195 - Additional Parking Regulations.
316.1951 - Parking for Certain Purposes Prohibited; Sale of Motor Vehicles; Prohibited Acts.
316.1955 - Enforcement of Parking Requirements for Persons Who Have Disabilities.
316.1957 - Parking Violations; Designated Parking Spaces for Persons Who Have Disabilities.
316.1959 - Handicapped Parking Enforcement.
316.1965 - Parking Near Rural Mailbox During Certain Hours; Penalties.
316.1967 - Liability for Payment of Parking Ticket Violations and Other Parking Violations.
316.1974 - Funeral Procession Right-of-Way and Liability.
316.1975 - Unattended Motor Vehicle.
316.1985 - Limitations on Backing.
316.1995 - Driving Upon Sidewalk or Bicycle Path.
316.2004 - Obstruction to Driver’s View or Driving Mechanism.
316.2005 - Opening and Closing Vehicle Doors.
316.2014 - Riding in House Trailers.
316.2015 - Unlawful for Person to Ride on Exterior of Vehicle.
316.2025 - Following Fire Apparatus Prohibited.
316.2034 - Crossing Fire Hose.
316.2035 - Injurious Substances Prohibited; Dragging Vehicle or Load; Obstructing, Digging, Etc.
316.2044 - Removal of Injurious Substances.
316.2045 - Obstruction of Public Streets, Highways, and Roads.
316.2051 - Certain Vehicles Prohibited on Hard-Surfaced Roads.
316.2055 - Motor Vehicles, Throwing Advertising Materials In.
316.2061 - Stop When Traffic Obstructed.
316.2065 - Bicycle Regulations.
316.20655 - Electric Bicycle Regulations.
316.2068 - Electric Personal Assistive Mobility Devices; Regulations.
316.2069 - Commercial Megacycles.
316.2071 - Personal Delivery Devices and Mobile Carriers.
316.2074 - All-Terrain Vehicles.
316.208 - Motorcycles and Mopeds.
316.2085 - Riding on Motorcycles or Mopeds.
316.209 - Operating Motorcycles on Roadways Laned for Traffic.
316.2095 - Footrests, Handholds, and Handlebars.
316.211 - Equipment for Motorcycle and Moped Riders.
316.212 - Operation of Golf Carts on Certain Roadways.
316.2123 - Operation of an Atv on Certain Roadways.
316.2124 - Motorized Disability Access Vehicles.
316.2125 - Operation of Golf Carts Within a Retirement Community.
316.2126 - Authorized Use of Golf Carts, Low-Speed Vehicles, and Utility Vehicles.
316.2127 - Operation of Utility Vehicles on Certain Roadways by Homeowners’ Associations.
316.2128 - Micromobility Devices, Motorized Scooters, and Miniature Motorcycles; Requirements.
316.2129 - Operation of Swamp Buggies on Public Roads, Streets, or Highways Authorized.
316.215 - Scope and Effect of Regulations.
316.216 - Authority of Department With Reference to Lighting Devices.
316.217 - When Lighted Lamps Are Required.
316.220 - Headlamps on Motor Vehicles.
316.222 - Stop Lamps and Turn Signals.
316.2225 - Additional Equipment Required on Certain Vehicles.
316.225 - Mounting of Reflectors, Clearance Lamps and Side Marker Lamps.
316.227 - Obstructed Lights Not Required.
316.228 - Lamps or Flags on Projecting Load.
316.229 - Lamps on Parked Vehicles.
316.231 - Lamps on Other Vehicles and Equipment.
316.233 - Spot Lamps and Auxiliary Lamps.
316.234 - Signal Lamps and Signal Devices.
316.235 - Additional Lighting Equipment.
316.237 - Multiple-Beam Road-Lighting Equipment.
316.238 - Use of Multiple-Beam Road-Lighting Equipment.
316.2385 - Requirements for Use of Lower Beam.
316.239 - Single-Beam Road-Lighting Equipment.
316.2395 - Motor Vehicles; Minimum Headlamp Requirement.
316.2396 - Number of Driving Lamps Required or Permitted.
316.2397 - Certain Lights Prohibited; Exceptions.
316.2399 - Special Warning Lights for Buses or Taxicabs.
316.240 - Standards for Lights on Highway Maintenance and Service Equipment.
316.241 - Selling or Using Lamps or Equipment.
316.242 - Revocation of Certificate of Approval on Lighting Devices.
316.251 - Maximum Bumper Heights.
316.252 - Splash and Spray Suppressant Devices.
316.253 - Vehicles Used to Sell Ice Cream and Other Confections; Display of Warnings Required.
316.261 - Brake Equipment Required.
316.262 - Performance Ability of Motor Vehicle Brakes.
316.263 - Maintenance of Brakes.
316.267 - Brakes on Electric-Powered Vehicles.
316.271 - Horns and Warning Devices.
316.272 - Exhaust Systems, Prevention of Noise.
316.293 - Motor Vehicle Noise.
316.2935 - Air Pollution Control Equipment; Tampering Prohibited; Penalty.
316.2937 - Motor Vehicle Emissions Standards.
316.2951 - Motor Vehicle Windows; Definitions.
316.2952 - Windshields; Requirements; Restrictions.
316.2953 - Side Windows; Restrictions on Sunscreening Material.
316.2954 - Windows Behind the Driver; Restrictions on Sunscreening Material.
316.2955 - Window Sunscreening Material; Compliance Labeling; Tolerances.
316.2957 - Exemption for Motor Vehicle Manufacturers.
316.299 - Rough Surfaced Wheels Prohibited.
316.300 - Certain Vehicles to Carry Flares or Other Devices.
316.301 - Display of Warning Lights and Devices When Vehicle Is Stopped or Disabled.
316.3026 - Unlawful Operation of Motor Carriers.
316.303 - Television Receivers.
316.304 - Wearing of Headsets.
316.305 - Wireless Communications Devices; Prohibition.
316.405 - Motorcycle Headlights to Be Turned On.
316.425 - Lamps on Parked Motorcycles.
316.430 - Multiple-Beam Road-Lighting Equipment.
316.435 - Lighting Equipment for Motor-Driven Cycles.
316.440 - Brake Equipment Required.
316.445 - Performance Ability of Motorcycle Brakes.
316.450 - Brakes on Motor-Driven Cycles.
316.46 - Equipment Regulations for Mopeds.
316.500 - Exceeding Weight and Length; Penalties.
316.510 - Projecting Loads on Passenger Vehicles.
316.515 - Maximum Width, Height, Length.
316.516 - Width, Height, and Length; Inspection; Penalties.
316.525 - Requirements for Vehicles Hauling Loads.
316.530 - Towing Requirements.
316.550 - Operations Not in Conformity With Law; Special Permits.
316.555 - Weight, Load, Speed Limits May Be Lowered; Condition Precedent.
316.560 - Damage to Highways; Liability of Driver and Owner.
316.565 - Emergency Transportation, Agricultural Products; Establishment of Weight Loads, Etc.
316.600 - Health and Sanitation Hazards.
316.605 - Licensing of Vehicles.
316.610 - Safety of Vehicle; Inspection.
316.613 - Child Restraint Requirements.
316.6131 - Educational Expenditures.
316.6145 - School Buses; Safety Belts or Other Restraint Systems Required.
316.615 - School Buses; Physical Requirements of Drivers.
316.622 - Farm Labor Vehicles.
316.645 - Arrest Authority of Officer at Scene of a Traffic Crash.
316.646 - Security Required; Proof of Security and Display Thereof.
316.656 - Mandatory Adjudication; Prohibition Against Accepting Plea to Lesser Included Offense.
316.660 - Disposition of Fines and Forfeitures Collected for Violations; Reporting Requirement.
316.70 - Nonpublic Sector Buses; Safety Rules.
316.72 - Buses Simulating School Buses in Color and Insignia; Conditions of Use.
316.75 - School Crossing Guards.
316.80 - Unlawful Conveyance of Fuel; Obtaining Fuel Fraudulently.
316.85 - Autonomous Vehicles; Operation; Compliance With Traffic and Motor Vehicle Laws; Testing.
316.86 - Exemption From Liability for Manufacturer When Third Party Converts Vehicle.