The systematic Florida DUI defense audit.

Part 1. The elements the State must prove

Every element in Fla. Stat. § 316.193 is a point to audit, because each one the State cannot prove is a defense. The statutory language below is quoted from the controlling statute; the audit note is where the leverage tends to sit.

• “driving or in actual physical control of a vehicle” Fla. Stat. § 316.193(1)

  Whether the client was driving or in actual physical control is a fact question; test the articulated basis in the report against the case record.

• “within this state” Fla. Stat. § 316.193(1)

  Jurisdiction and venue are elements, not assumptions; confirm the location against the charging instrument and the evidence.

• “under the influence of alcoholic beverages, a chemical substance, or a controlled substance, when affected to the extent that the person's normal faculties are impaired” Fla. Stat. § 316.193(1)(a)

  The impairment theory turns on the observations and their reliability; test what the normal-faculties finding actually rests on.

• “a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood” Fla. Stat. § 316.193(1)(b)

  The per-se blood theory turns on the sample and the analysis; the foundation is audited in the evidentiary-foundation section.

• “a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath” Fla. Stat. § 316.193(1)(c)

  The per-se breath theory turns on the instrument and the procedure; the foundation is audited in the evidentiary-foundation section.

Elements quoted from Fla. Stat. § 316.193 (Florida Legislature, Online Sunshine). The per-se level is 0.08. The statute controls; confirm the current text before relying on any phrasing.

Part 2. The constitutional touchpoints

The stop, the arrest, and any statements are the recurring suppression fronts. These are bedrock doctrine, stated generally here rather than tied to any single case; the specific controlling authority has to be researched for the facts. The procedural vehicle to raise them is a motion to suppress under Rule 3.190 (Pretrial Motions).

• The stop. A traffic stop or investigative detention must rest on reasonable suspicion under general Fourth Amendment doctrine.

  Test the articulated basis for the stop against the case file: the reason given, the timing, and what the video and the written report actually support.

• The arrest. A warrantless arrest must rest on probable cause under general Fourth Amendment doctrine.

  Test the facts the State says supply probable cause for the arrest, and whether they existed at the moment of arrest.

• Statements. Custodial interrogation implicates the Fifth Amendment right against self-incrimination and the warnings that attach to custodial questioning under general doctrine.

  Test whether questioning was custodial, when it occurred relative to any warnings, and whether statements were voluntary.

Raised through a motion to suppress under Rule 3.190 (Pretrial Motions), Florida Rules of Criminal Procedure. The doctrine is stated generally; the controlling case law is a matter for independent research on the facts.

Part 3. The breath-test and field-test foundation

A breath result is admissible only on a foundation. Florida Administrative Code Chapter 11D-8 sets the requirements below; each is a discrete predicate to confirm against the record before conceding the number. Where a subsection is load-bearing it is noted.

• Twenty-minute observation period before the test. FAC 11D-8.007(3) (Approved Breath Test Instruments - Access, Facility Requirements, Observation Period, and Operational Procedures)

  Confirm the observation period is documented and unbroken against the record and the timestamps.

• Two breath samples within fifteen minutes agreeing within 0.020 (else a third). FAC 11D-8.002(12) (Definitions)

  Confirm two samples were taken in the window and agree within tolerance, or that a third was handled per rule.

• An approved instrument and approved methods. FAC 11D-8.003 (Approval of Breath Test Methods and Instruments)

  Confirm the instrument model and the testing method are department-approved for the date of the test.

• Department inspection and registration of the instrument. FAC 11D-8.004 (Department Inspection and Registration of Breath Test Instruments)

  Confirm the department inspection and registration are current for the instrument used.

• Monthly agency inspection of the instrument. FAC 11D-8.006 (Agency Inspection of Breath Test Instruments)

  Confirm the agency-level inspection records cover the period of the test.

• A valid operator permit for the person administering the test. FAC 11D-8.008 (Breath Test Operator and Agency Inspector)

  Confirm the operator held a current permit when the test was administered.

• Field sobriety tests.

  Field sobriety tests are a foundation and reliability inquiry: verify the administration conditions against the record and the applicable standards, rather than treating the officer's conclusion as a given.

Breath-test requirements quoted from Florida Administrative Code Chapter 11D-8 (FDLE, flrules.org). Confirm the current rule text and the specific record.

Part 4. The procedural and discovery clock

The deadlines run from the start, so the audit calendars them at intake. Each item below cites the governing rule, except the Brady/Giglio duty, which is a general constitutional obligation stated as such.

• Speedy trial. Rule 3.191 (Speedy Trial)

  Calendar the speedy-trial clock from the start; the rule governs the periods and the demand mechanism.

• Discovery. Rule 3.220 (Discovery)

  Elect into discovery and track the reciprocal obligations and the demand mechanism the rule sets.

• Brady / Giglio disclosure. General constitutional duty to disclose

  The prosecution's general constitutional duty to disclose exculpatory and impeachment material; audit what is owed, including impeachment material on the testifying officer.

• Pretrial motions. Rule 3.190 (Pretrial Motions)

  Track the timing and mechanism the rule sets for suppression and other pretrial motions, including the motions raising the constitutional touchpoints above.

Rule references quoted from the Florida Rules of Criminal Procedure (The Florida Bar). Brady/Giglio is stated as a general constitutional duty; the controlling authority is a matter for independent research.

Mitigation: prepare against the exposure

Prepare against the statutory penalty structure and the county sentencing context: the fine ranges, jail ceilings, and mandatory minimums the statute sets, read alongside the aggregate, descriptive county sentencing data.

For the statutory penalty structure, quoted figure by figure from Fla. Stat. § 316.193, see the Florida DUI penalties guide. For how sentences actually landed across the state, the Florida sentencing-outcomes data study is a free, aggregate, descriptive reference by county and charge, source-backed and read as a floor, not a prediction for any one case.

Reference

For the statutory penalties in full, see the Florida DUI penalties guide. For the arresting-officer record, use Officer Lookup. For the county sentencing context, see the Florida sentencing-outcomes data study. For the full set of Florida references, start at the Florida criminal-defense references hub.