What is a DUI?

March 2016

Orlando DUI defense attorney Jack Kaleita explains what is a DUI under Florida criminal law. Free consultation at (407) 831-7800.

It’s kind of a basic question, but, in the end, a DUI, is in Florida, the crime of driving under the influence of alcohol. In the past, in other places, it’s known by different names, it could be a DWI, which is normally driving while intoxicated. Sometimes people use the term “U-ball” which is driving with an unlawful blood or breath alcohol level. But in Florida, DUI basically is defined as “driving under the influence of alcohol or a controlled substance, when you’re affected to the extent that your normal faculties are impaired.” Basically there are two ways that the state can prove that somebody was guilty of a DUI. They would have to show either that their breath or blood alcohol level was .08 or higher, normally, or, they could prove that the person’s normal faculties were affected to the extent that they were impaired. Impaired doesn’t mean you were falling down drunk, it’s just a diminishment.

DUI can be proven two different ways. That’s challenging because the state doesn’t always have the evidence to prove that somebody was guilty of a DUI. So just because you’ve been arrested for a DUI doesn’t mean the state can prove you guilty. Oftentimes people refuse to take a breath test. If you refuse to take a breath test, then obviously there’s no breath test, so they would have to show that your normal faculties were impaired. The problem is that everyone's normal faculties are different, and that there are many different things that can affect what somebody’s normal faculties are. Some people just inherently have poor balance, some people always have red or watery eyes, and some people don’t speak well. There are a lot of different things that can affect somebody, and just because they are the way they are, doesn’t mean they’re guilty of a DUI.