Florida Statute 316.1934 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.1934

316.1934 Presumption of impairment; testing methods.—

(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;

(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.

F.S. 316.1934 on Google Scholar

F.S. 316.1934 on Casetext

Amendments to 316.1934

Arrestable Offenses / Crimes under Fla. Stat. 316.1934

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1934.

Annotations, Discussions, Cases:

Cases Citing Statute 316.1934

Total Results: 20

STATE OF FLORIDA v. ELIANA VELASCO

Court: District Court of Appeal of Florida | Date Filed: 2023-08-02

Snippet: normal faculties are impaired . . . .” Section 316.1934(1), Florida Statutes (2022), provides it is unlawful

STATE OF FLORIDA v. ROBIN BENDER

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: 316.193(1), Florida Statutes (2019) and section 316.1934(1), Florida Statutes (2019). The county court

Layton Todd Mizell v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: presumption of impairment applies under section 316.1934(2)(c), Florida Statutes (2018). 1 The victim also

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Citation: 262 So. 3d 59

Snippet: rails or tracks ] . § 316.1934(1), Fla. Stat. "Normal faculties" include

John Goodman v. Florida Department of Law Enforcement

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 238 So. 3d 102

Snippet: consent law. See §§ 316.1932, 316.1933, 316.1934, Fla. Stat. (2009). One function of this statutory

City of Tavares v. Harper

Court: District Court of Appeal of Florida | Date Filed: 2017-10-24

Citation: 230 So. 3d 918

Snippet: his or her normal faculties were impaired.” § 316.1934(2)(c), Fla. Stat. The legislature defined the

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

Court: Supreme Court of Florida | Date Filed: 2017-02-23

Citation: 211 So. 3d 995

Snippet: established by §§ 316.1934(2)(a), (2)(b), and (2)(c), Fla. Stat.Give if appropriate. § 316.1934(2)(a) and (2)(b)

Luis A. Montes-Valeton v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-02-23

Citation: 216 So. 3d 475, 42 Fla. L. Weekly Supp. 210, 2017 WL 728097, 2017 Fla. LEXIS 373

Snippet: law consists of sections 316.1932, 316.1933, and 316.1934, Florida Statutes (2008), "which essentially require

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-07

Court: Supreme Court of Florida | Date Filed: 2016-05-12

Citation: 192 So. 3d 1190, 2016 WL 2757011

Snippet: exclusively upon stationary rails or tracks. § 316.1934(1), Fla. Stat. Normal faculties include

State v. Wade F. Liles

Court: District Court of Appeal of Florida | Date Filed: 2016-04-08

Citation: 191 So. 3d 484, 2016 WL 1385925

Snippet: reasonable force if necessary. Finally, section 316.1934, Florida Statutes (2011), sets forth 'various

State v. John N. Willis

Court: District Court of Appeal of Florida | Date Filed: 2016-04-04

Snippet: reasonable force if necessary. Finally, section 316.1934, Florida Statutes (2011), sets

Hall v. West

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 157 So. 3d 329, 2015 Fla. App. LEXIS 110, 2015 WL 72346

Snippet: facie evidence of impairment. See § 316.1934(2)(c), Fla. Stat. (2008).

Department of Highway Safety & Motor Vehicles v. Wiggen

Court: District Court of Appeal of Florida | Date Filed: 2014-12-05

Citation: 152 So. 3d 773, 2014 Fla. App. LEXIS 19782, 2014 WL 6831666

Snippet: content of the blood or breath.” § 316.1934(5), Fla. Stat.; see also § 316.1934(2)(c) (providing that a test

Benjamin v. Tandem Healthcare, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-06-27

Citation: 93 So. 3d 1076, 2012 WL 2400880, 2012 Fla. App. LEXIS 10488

Snippet: to an affidavit otherwise admissible under s. 316.1934 or s. 327.354. *1082§ 90.803(8), Fla. Stat. (2009)

Department of Highway Safety & Motor Vehicles v. Berne

Court: District Court of Appeal of Florida | Date Filed: 2010-10-08

Citation: 49 So. 3d 779, 2010 Fla. App. LEXIS 15143, 2010 WL 3927242

Snippet: statutorily required information necessary under section 316.1934(5), Florida Statutes (2005), to admit the affidavit

Kurecka v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-29

Citation: 67 So. 3d 1052, 2010 Fla. App. LEXIS 14486, 2010 WL 3766727

Snippet: the influence. See §§ 316.1932, 316.1933, and 316.1934, Fla. Stat.; State v. Busciglio, 976 So.2d 15

Byrd v. BT FOODS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2009-12-02

Citation: 26 So. 3d 600, 22 Am. Disabilities Cas. (BNA) 1445, 2009 Fla. App. LEXIS 18431, 2009 WL 4282945

Snippet: to an affidavit otherwise admissible under s. 316.1934 or s. 327.354.

In re Standard Jury Instructions in Criminal Cases-Report No. 2009-03

Court: Supreme Court of Florida | Date Filed: 2009-07-09

Citation: 18 So. 3d 523, 34 Fla. L. Weekly Supp. 403, 2009 Fla. LEXIS 1024, 2009 WL 1956381

Snippet: presumption of impairment established by section 316.1934(2)(c), Florida Statutes (2008). That presumption

In Re Standard Jury Instructions in Criminal Cases—Report No. 2008-08

Court: Supreme Court of Florida | Date Filed: 2009-02-26

Citation: 6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

Snippet: the presumptions of impairment established by § 316.1934(2)(a)-(c), Fla. Stat., as follows: When appropriate

Yankey v. Department of Highway Safety & Motor Vehicles

Court: District Court of Appeal of Florida | Date Filed: 2009-02-20

Citation: 6 So. 3d 633, 2009 Fla. App. LEXIS 1446, 2009 WL 416514

Snippet: unlawful breath-alcohol level. Notably, section 316.1934(5) provides that an affidavit containing breath