Florida Statute 316.1934 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 316.1934

Annotations, Discussions, Cases:

Cases Citing Statute 316.1934

Total Results: 144

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

presumptions of impairment established by F.S. 316.1934(2)(a), (2)(b), and (2)(c). See State

Robertson v. State

604 So. 2d 783, 1992 WL 163957

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686306

Cited 45 times | Published

content of 0.10 percent or more is impaired. § 316.1934(2)(c), Fla. Stat. (1987). However, the presumption

In Re Standard Jury Inst.-Criminal Cases

765 So. 2d 692, 2000 WL 329427

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 428972

Cited 41 times | Published

the presumptions of impairment established by F.S. 316.1934(2)(a), (2)(b), and (2)(c). 1. If you find from

Standard Jury Instructions

723 So. 2d 123

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1319450

Cited 40 times | Published

presumptions of impairment established by F.S. 316.1934(2)(a), (2)(b), and (2)(c), as follows:

State v. Rolle

560 So. 2d 1154, 1990 WL 20560

Supreme Court of Florida | Filed: Mar 1, 1990 | Docket: 760105

Cited 37 times | Published

which the district court held unconstitutional section 316.1934(2)(c), Florida Statutes (1985), and the corresponding

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

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

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1665876

Cited 34 times | Published

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

Shiver v. State

900 So. 2d 615, 2005 WL 525525

District Court of Appeal of Florida | Filed: Mar 8, 2005 | Docket: 463055

Cited 34 times | Published

The State, over objection and relying on section 316.1934(5), Florida Statutes (2002), offered into

Fowler v. State

492 So. 2d 1344

District Court of Appeal of Florida | Filed: Sep 11, 1986 | Docket: 478519

Cited 32 times | Published

the extent that normal faculties are impaired. § 316.1934, Fla. Stat. (1985). A .29 reading strongly corroborates

Williams v. State

710 So. 2d 24, 1998 WL 116170

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1731548

Cited 31 times | Published

grams of alcohol per 210 liters of breath. Section 316.1934(2), Florida Statutes (1993), specifically

State v. Meador

674 So. 2d 826, 1996 WL 252233

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1195272

Cited 31 times | Published

many mental and physical acts of daily life." § 316.1934(1), Fla. Stat. (1991). Although no appellate

State v. Rodriguez

575 So. 2d 1262, 1991 WL 36398

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1731302

Cited 30 times | Published

enhanced punishment under that statute. [6] § 316.1934(4), Fla. Stat. (Supp. 1988); see art. I, §§ 16

State v. Miles

775 So. 2d 950, 2000 WL 1752199

Supreme Court of Florida | Filed: Nov 30, 2000 | Docket: 1667876

Cited 28 times | Published

presumption of impairment provided for pursuant to section 316.1934(2)(c), Florida Statutes (1995).[1] *952 The

State v. Sachs

526 So. 2d 48, 1988 WL 53525

Supreme Court of Florida | Filed: May 26, 1988 | Docket: 1272609

Cited 27 times | Published

intoxicated if his or her blood alcohol exceeds.100. § 316.1934, Fla. Stat. (1985). Respondent subsequently was

Belvin v. State

922 So. 2d 1046, 2006 WL 545589

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 420313

Cited 25 times | Published

subpoena the technician for trial, pursuant to section 316.1934(5), Florida Statutes. After concluding that

State v. Donaldson

579 So. 2d 728, 1991 WL 77646

Supreme Court of Florida | Filed: May 9, 1991 | Docket: 1432154

Cited 24 times | Published

not render the test or test results invalid."); § 316.1934(3), Fla. Stat. (same). After the state presents

Web v. State

553 So. 2d 323, 1989 WL 145757

District Court of Appeal of Florida | Filed: Dec 4, 1989 | Docket: 1259088

Cited 23 times | Published

faculties presumably would have been impaired. See Section 316.1934(2)(c), Florida Statutes (1987). Just seconds

Haas v. State

597 So. 2d 770, 1992 WL 49938

Supreme Court of Florida | Filed: Mar 19, 1992 | Docket: 1704452

Cited 22 times | Published

view. In a case involving DUI by impairment, section 316.1934, Florida Statutes (1989), provides that 0

State v. Bodden

877 So. 2d 680, 2004 WL 792826

Supreme Court of Florida | Filed: Apr 15, 2004 | Docket: 1285292

Cited 21 times | Published

benefits from the presumption of impairment. See § 316.1934. However, because there is no "legal limit" for

DHSMV v. Alliston

813 So. 2d 141, 2002 WL 384310

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 403669

Cited 20 times | Published

to the administration of the breath test. Section 316.1934(5), Florida Statutes (2000), provides that

Tyner v. State

805 So. 2d 862, 2001 WL 1042528

District Court of Appeal of Florida | Filed: Sep 12, 2001 | Docket: 523635

Cited 20 times | Published

of the presumption of impairment created by section 316.1934, Florida Statutes (1995). The State concedes

Jackson v. State

456 So. 2d 916

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 1446592

Cited 18 times | Published

the extent his normal faculties are impaired. § 316.1934, Fla. Stat. (1982 Supp.).

Martinez v. State

692 So. 2d 199, 1997 WL 30812

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 436342

Cited 14 times | Published

statutory presumptions for blood alcohol levels. See § 316.1934(2), Fla.Stat. (1993). By virtue of the instruction

State v. Slaney

653 So. 2d 422, 1995 WL 119071

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 551966

Cited 13 times | Published

issued by the department for this purpose," but Section 316.1934(3), Florida Statutes (1991) provides that

Delgado v. State

948 So. 2d 681, 2006 WL 3313734

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 564085

Cited 12 times | Published

including breathalyzers, and implied consent rule); § 316.1934(3), Fla. Stat. (2006) (providing that officer's

In Re Jury Inst. in Crim. Cases-No. 2006-1

946 So. 2d 1061, 2006 WL 3741064

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 1771263

Cited 11 times | Published

the presumptions of impairment established by § § 316.1934(2)(a), (2)(b), and (2)_(c), Fla. Stat., as follows:

Rafferty v. State

799 So. 2d 243, 2001 WL 863571

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1278225

Cited 10 times | Published

v. Bender, 382 So.2d 697, 699 (Fla.1980). Section 316.1934, Florida Statutes (1997), contains express

Wilhelm v. State

568 So. 2d 1, 1990 WL 130219

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 533496

Cited 10 times | Published

ON THE STATUTORY PRESUMPTION CONTAINED IN SECTION 316.1934(2)(c), FLORIDA STATUTES (1986), CREATE AN

State v. Belvin

986 So. 2d 516, 2008 WL 1901674

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 2483400

Cited 9 times | Published

content of the blood or breath of a defendant. § 316.1934(5), Fla. Stat. The affidavit must contain the

State v. Kliphouse

771 So. 2d 16, 2000 WL 1397471

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1701142

Cited 9 times | Published

reaction abilities in humans. [15] See also § 316.1934(2)(c) ("[A] person who has a blood-alcohol level

Michie v. State

632 So. 2d 1106, 1994 WL 63495

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 1514061

Cited 9 times | Published

agree *1108 that the presumption afforded in section 316.1934(2)(c), Florida Statutes (1991), should not

Mehl v. State

632 So. 2d 593, 1993 WL 365850

Supreme Court of Florida | Filed: Sep 16, 1993 | Docket: 462776

Cited 9 times | Published

State introduce into evidence pursuant to section 316.1934 blood sample test[] results even though HRS

Miller v. State

597 So. 2d 767, 1991 WL 325874

Supreme Court of Florida | Filed: Sep 26, 1991 | Docket: 1704579

Cited 9 times | Published

Third District. The Third District relied on section 316.1934(2), Florida Statutes (1987), to reverse the

Rolle v. State

528 So. 2d 1208, 1988 WL 36887

District Court of Appeal of Florida | Filed: Apr 27, 1988 | Docket: 1717659

Cited 9 times | Published

which we find constitutes reversible error. Section 316.1934(2)(c), Florida Statutes (1985), provides:

State v. Weitz

500 So. 2d 657, 12 Fla. L. Weekly 104

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1689616

Cited 9 times | Published

section 893.03, Florida Statutes (1985). [4] Section 316.1934(2), Florida Statutes (1985): "Upon the trial

Servis v. State

802 So. 2d 359, 2001 WL 1295209

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 477245

Cited 8 times | Published

statutory presumptions of impairment pursuant to section 316.1934(2), Florida Statutes (1999). We must vacate

State v. Miles

732 So. 2d 350, 1999 WL 30362

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 460490

Cited 8 times | Published

not be entitled to a presumption pursuant to section 316.1934, Florida Statutes (1995), in its prosecution

Leveritt v. State

817 So. 2d 891, 2002 WL 857314

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 2534771

Cited 7 times | Published

certain presumptions of impairment pursuant to section 316.1934, Florida Statutes (1997), based on the blood

Department of Highway Safety and Motor Vehicles v. Mowry

794 So. 2d 657, 2001 Fla. App. LEXIS 9868, 2001 WL 814953

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1473001

Cited 7 times | Published

when it ruled, contrary to the provisions of section 316.1934(5), Florida Statutes, that the hearing officer

Donaldson v. State

561 So. 2d 648, 1990 WL 58566

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 2546015

Cited 7 times | Published

approved techniques and actual testing procedures." § 316.1934(3), Fla. Stat. (1987). In Ridgeway v. State,

Frazier v. State

559 So. 2d 1121, 1990 WL 40359

Supreme Court of Florida | Filed: Apr 5, 1990 | Docket: 1751508

Cited 7 times | Published

based on the statutory presumptions contained in § 316.1934(2)(c) constitute unconstitutional mandatory rebuttable

United States v. Robert M. Garner

874 F.2d 1510, 1989 U.S. App. LEXIS 8490, 1989 WL 54714

Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 1989 | Docket: 988750

Cited 7 times | Published

So.2d 1306 (Fla.Dist.Ct.App.1986); Fla.Stat. § 316.1934(4) (Supp.1988), this fact does not change the

Frazier v. State

530 So. 2d 986, 1988 WL 86338

District Court of Appeal of Florida | Filed: Aug 22, 1988 | Docket: 1267654

Cited 7 times | Published

being instructed on the presumptions contained in § 316.1934, Fla. Stat. (1986 Supp.); however, the court

Beasley v. Mitel of Delaware

449 So. 2d 365

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 1325468

Cited 7 times | Published

procedure to determine blood alcohol content. Section 316.1934(2), Florida Statutes, requires such compliance

State v. Bastos

985 So. 2d 37, 2008 WL 2356368

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1178384

Cited 6 times | Published

evidence that his normal faculties are impaired. See § 316.1934(2)(b), Fla. Stat. (2005). The defendants sought

Lanoue v. Florida Dept. of Law Enforcement

751 So. 2d 94, 1999 Fla. App. LEXIS 17308, 1999 WL 1259989

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1310237

Cited 6 times | Published

tests given under this section.... Further, section 316.1934(2) provides that test results are "admissible

Haas v. State

567 So. 2d 966, 1990 WL 146072

District Court of Appeal of Florida | Filed: Sep 27, 1990 | Docket: 1721559

Cited 6 times | Published

because the clear and unambiguous terms of Section 316.1934(2), Florida Statutes (1987) makes the test

Ridgeway v. State

514 So. 2d 418, 12 Fla. L. Weekly 2476

District Court of Appeal of Florida | Filed: Oct 28, 1987 | Docket: 1466993

Cited 6 times | Published

driving under the influence (DUI) contrary to section 316.1934, Florida Statutes, and upon arrest were administered

DEP'T OF HIGHWAY SAFETY AND MOTOR VEHICLES v. Dehart

799 So. 2d 1079, 2001 Fla. App. LEXIS 13883, 2001 WL 1174334

District Court of Appeal of Florida | Filed: Oct 5, 2001 | Docket: 1278228

Cited 5 times | Published

affidavit submitted by DHSMV failed to comply with section 316.1934(5) of the Florida Statutes (1999) because

State v. Friedrich

681 So. 2d 1157, 1996 WL 514577

District Court of Appeal of Florida | Filed: Sep 12, 1996 | Docket: 1385590

Cited 5 times | Published

not render the test nor test results invalid. § 316.1934(3), Fla.Stat. (1993); Ridgeway v. State, 514

Marcolini v. State

673 So. 2d 3, 1996 WL 15525

Supreme Court of Florida | Filed: Jan 18, 1996 | Docket: 1671570

Cited 5 times | Published

2d 986 (Fla. 1st DCA 1988), which both held section 316.1934(2)(c) and its corresponding jury instruction

Ferguson v. Perry

593 So. 2d 273, 1992 WL 5352

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 1508957

Cited 5 times | Published

blood/alcohol level of .30 or more. [3] See § 316.1934, Fla. Stat. (1989). [4] The Louisiana courts

Wells v. State

492 So. 2d 1375, 11 Fla. L. Weekly 1835

District Court of Appeal of Florida | Filed: Aug 21, 1986 | Docket: 478547

Cited 5 times | Published

extent that his normal faculties are impaired. § 316.1934, Fla. Stat. (1985). Thus it is clear that there

Jenkins v. State

924 So. 2d 20, 2006 WL 167672

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1735947

Cited 4 times | Published

evidence obtained in violation of the statute. Section 316.1934(3), Florida Statutes (2005), provides that

Bonine v. State

811 So. 2d 863, 2002 WL 464162

District Court of Appeal of Florida | Filed: Mar 28, 2002 | Docket: 1723856

Cited 4 times | Published

the statutory presumption of impairment in section 316.1934. This was clearly erroneous pursuant to State

Bass v. State

801 So. 2d 975, 2001 WL 1555312

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 2585062

Cited 4 times | Published

Florida Department of Law Enforcement (FDLE). § 316.1934(3). In State v. Miles, 775 So.2d 950 (Fla.2000)

Hembree v. State

790 So. 2d 590, 2001 WL 871476

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1499318

Cited 4 times | Published

the statutory presumptions of impairment in section 316.1934(2), the implied consent law. See §§ 316.1932-316

State v. Irizarry

698 So. 2d 912, 1997 WL 537094

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1524307

Cited 4 times | Published

test result affidavit prepared pursuant to section 316.1934(5), Florida Statutes (1995), the *913 county

State v. Tagner

673 So. 2d 57, 1996 WL 120420

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1245648

Cited 4 times | Published

that his normal faculties were impaired. See § 316.1934(2)(c), Fla.Stat. (1993); State v. Rolle, 560

Dept. of Hwy. Safety v. Farley

633 So. 2d 69, 1994 WL 46929

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 1707914

Cited 4 times | Published

compliance with the rule, as permitted under section 316.1934, Florida Statutes. Once Farley challenged

Alberto Santiago Sanchez Defuentes v. Richard L. Dugger, Robert Butterworth

923 F.2d 801, 1991 U.S. App. LEXIS 1688, 1991 WL 4777

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 1991 | Docket: 1997558

Cited 4 times | Published

rebuttable presumption *803 created by § 316.1934(2)(c); Florida Statutes, 1987. 3

State v. Miller

555 So. 2d 391, 1989 WL 136158

District Court of Appeal of Florida | Filed: Nov 14, 1989 | Docket: 1724540

Cited 4 times | Published

driving. By its clear and unambiguous terms, section 316.1934(2), Florida Statutes (1987),[1] provides that

State v. McClain

508 So. 2d 1259, 12 Fla. L. Weekly 1290

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 1648979

Cited 4 times | Published

Weitz, the only qualifications intended by section 316.1934, Florida Statutes (1985), to admissibility

City of Tavares v. Harper

230 So. 3d 918

District Court of Appeal of Florida | Filed: Oct 24, 2017 | Docket: 60294208

Cited 3 times | Published

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

Department of Highway Safety and Motor Vehicles v. Cochran

798 So. 2d 761, 2001 WL 907869

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 1244807

Cited 3 times | Published

blood alcohol level, failed to comply with section 316.1934(5), Florida Statutes (1999), because the affidavit

State v. Townsend

746 So. 2d 495, 1999 WL 1036294

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1360567

Cited 3 times | Published

the presumptions of impairment set forth in section 316.1934(2). In State v. Miles, 732 So.2d 350 (Fla

Faires v. State

711 So. 2d 597, 1998 WL 204848

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1338008

Cited 3 times | Published

inadmissible to trigger the presumption provided by Section 316.1934, and may not be used to establish a BAC of

Euceda v. State

711 So. 2d 122, 1998 WL 204689

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1700511

Cited 3 times | Published

many mental and physical acts of daily life." § 316.1934(1), Fla. Stat. (1993). Under this alternative

Contreras v. Dale (In Re Dale)

199 B.R. 1014, 9 Fla. L. Weekly Fed. B 281, 1995 Bankr. LEXIS 2097

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 1, 1995 | Docket: 1112869

Cited 3 times | Published

presumption of driving while intoxicated is found in § 316.1934(2)(c), Fla.Stat. (1991), which states in pertinent

Gehrmann v. State

650 So. 2d 1021, 1995 WL 15550

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 279216

Cited 3 times | Published

influence of alcohol. The circuit court held that section 316.1934(5), Florida Statutes (1991) does not violate

Gehrmann v. State

650 So. 2d 1021, 1995 WL 15550

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 279216

Cited 3 times | Published

influence of alcohol. The circuit court held that section 316.1934(5), Florida Statutes (1991) does not violate

Register v. State

582 So. 2d 762, 1991 WL 126691

District Court of Appeal of Florida | Filed: Jul 11, 1991 | Docket: 2586652

Cited 3 times | Published

instruction, which was taken almost verbatim from Section 316.1934(2)(c), Florida Statutes (1989), was given

Darley v. Marquee Enterprises, Inc.

565 So. 2d 715, 1990 WL 67299

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 1403849

Cited 3 times | Published

1154 (Fla. 1990), the supreme court held that section 316.1934(2)(c)[2] creates a permissive inference, not

Yost v. State

542 So. 2d 419, 1989 WL 36266

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 468852

Cited 3 times | Published

the constitutionality of the DWI statute, section 316.1934(2)(c), Florida Statutes (1985). It appears

White v. State

492 So. 2d 1163, 11 Fla. L. Weekly 1578

District Court of Appeal of Florida | Filed: Jul 18, 1986 | Docket: 1518616

Cited 3 times | Published

extent that his normal faculties were impaired. Section 316.1934(2)(c), Florida Statute (Supp. 1984).

State v. Buttolph

969 So. 2d 1209, 2007 WL 4322246

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 1725932

Cited 2 times | Published

annual inspection was the most recent inspection. § 316.1934(5) provides: (5) An affidavit containing the

State v. Clements

968 So. 2d 59, 2007 WL 3033536

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 1498511

Cited 2 times | Published

193(1)(b) and (c), Fla. Stat. (2006). See also § 316.1934(2), Fla. Stat. (2006). The excluded expert testimony

Bruch v. State

954 So. 2d 1242, 2007 WL 1202261

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1165091

Cited 2 times | Published

creates a presumption that the driver was impaired. § 316.1934(2)(c), Fla. Stat. (2006) (results of any test

Rodriguez v. State

837 So. 2d 478, 2002 WL 31875012

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1527448

Cited 2 times | Published

jury as to the statutory presumptions under section 316.1934(2), Florida Statutes. Rodriguez relies on

Dodge v. State

805 So. 2d 990, 2001 WL 1566929

District Court of Appeal of Florida | Filed: Dec 6, 2001 | Docket: 1242329

Cited 2 times | Published

blood alcohol level is greater than 0.08. See § 316.1934(2)(a),(c), Fla. Stat. (2000). If the blood alcohol

DEPT. OF HIGHWAY SAFETY v. Russell

793 So. 2d 1073, 2001 WL 871745

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1267059

Cited 2 times | Published

affidavit admitted into evidence, pursuant to section 316.1934(5), Florida Statutes (2000), failed to substantially

Ackerman v. State

737 So. 2d 1145, 1999 WL 410316

District Court of Appeal of Florida | Filed: Jun 22, 1999 | Docket: 1709587

Cited 2 times | Published

impaired within the meaning of the statute. See § 316.1934(2)(c), Fla. Stat. (1997); State v. Rolle, 560

PINELLAS BD. OF COM'RS v. Bettis

659 So. 2d 1365

District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 1462765

Cited 2 times | Published

impaired when the blood alcohol is 0.10. See § 316.1934(2)(c), Fla. Stat. (1989). The decedent in Coll

McAdam v. State

648 So. 2d 1244, 1995 WL 18537

District Court of Appeal of Florida | Filed: Jan 20, 1995 | Docket: 1701805

Cited 2 times | Published

extent that his normal faculties are impaired. § 316.1934(2)(a), Fla. Stat. (1991); Colo. Rev. Stat. §

State v. Mehl

602 So. 2d 1383, 1992 WL 200360

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 2532416

Cited 2 times | Published

through driving under the influence of alcohol. Section 316.1934 provides: [T]he results of any test administered

Wilhelm v. State

544 So. 2d 1144, 1989 WL 64521

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1709791

Cited 2 times | Published

were impaired. This language tracks that of section 316.1934(2)(c), Florida Statutes (1986). The appellant

Hall v. State

440 So. 2d 689

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 1431064

Cited 2 times | Published

statutory presumption of impairment contained in Section 316.1934, Florida Statutes (Supp. 1982), impermissibly

Caverly v. State

436 So. 2d 191

District Court of Appeal of Florida | Filed: May 13, 1983 | Docket: 1339907

Cited 2 times | Published

charged, he was entitled to a jury trial under section 316.1934(4), Florida Statutes (1982). Given that he

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

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

(2)(b), and (2)(c), Fla. Stat.Give if appropriate. § 316.1934(2)(a) and (2)(b), Fla. Stat. 1. If you find

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

192 So. 3d 1190, 2016 WL 2757011

Supreme Court of Florida | Filed: May 12, 2016 | Docket: 3063429

Cited 1 times | Published

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

Yankey v. Department of Highway Safety & Motor Vehicles

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

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 1212757

Cited 1 times | Published

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

DEPARTMENT OF HIGHWAY SAFETY v. Falcone

983 So. 2d 755, 2008 WL 2375836

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1756286

Cited 1 times | Published

incorrect law and grant the Department's petition. Section 316.1934(5), Florida Statutes (2006), provides as follows:

State v. Montello

867 So. 2d 613, 2004 WL 432748

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1386360

Cited 1 times | Published

Department of Law Enforcement....") (emphasis added); § 316.1934(3), Fla. Stat. (2002) ("A chemical analysis of

Richardson v. State

797 So. 2d 10, 26 Fla. L. Weekly Fed. D 1568

District Court of Appeal of Florida | Filed: Jun 22, 2001 | Docket: 523637

Cited 1 times | Published

the presumption that may attach pursuant to section 316.1934(2)(c), Florida Statutes (1999), thus there

State v. Johnson

695 So. 2d 771, 1997 WL 199180

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 1522106

Cited 1 times | Published

probable cause justifying the officer's request. Section 316.1934(2) provides that the results of blood tests

Standard Jury Instructions in Criminal Cases (95-2)

665 So. 2d 212, 20 Fla. L. Weekly Supp. 589, 1995 Fla. LEXIS 1960, 1995 WL 716642

Supreme Court of Florida | Filed: Dec 7, 1995 | Docket: 64761024

Cited 1 times | Published

the presumptions of impairment established by F.S. 316.1934(2)(a), (2)(b), and (2)(c), as follows: (2)(a)

State of Florida v. Depauw

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116031

Published

the State could not introduce, pursuant to section 316.1934(5), Florida Statutes (2023), evidence of breath

State of Florida v. Kilburn

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116030

Published

the State could not introduce, pursuant to section 316.1934(5), Florida Statutes (2023), evidence of breath

State of Florida v. Marano

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116029

Published

the State could not introduce, pursuant to section 316.1934(5), Florida Statutes (2023), evidence of breath

STATE OF FLORIDA v. ELIANA VELASCO

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67534779

Published

person’s normal faculties are impaired . . . .” Section 316.1934(1), Florida Statutes (2022), provides it is

STATE OF FLORIDA v. ROBIN BENDER

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698539

Published

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

Layton Todd Mizell v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365633

Published

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

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

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

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

John Goodman v. Florida Department of Law Enforcement

238 So. 3d 102

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289806

Published

of impairment. See id. § 316.1934(2)(c) (making a BAC of 0.08 or higher prima facie

Frame v. Hartford Life & Accident Insurance Co.

257 F. Supp. 3d 1268

District Court, M.D. Florida | Filed: Jun 27, 2017 | Docket: 64314462

Published

presumption of “under the influence.” See Fla. Stat. § 316.1934(2)(c). On March 28, 2016, Plaintiff appealed

State v. Wade F. Liles

191 So. 3d 484, 2016 WL 1385925

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3054132

Published

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

State v. John N. Willis

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3054133

Published

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

Hall v. West

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

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621517

Published

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

Department of Highway Safety & Motor Vehicles v. Wiggen

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

District Court of Appeal of Florida | Filed: Dec 5, 2014 | Docket: 60244987

Published

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

Link v. Tucker

870 F. Supp. 2d 1309, 2012 U.S. Dist. LEXIS 61816, 2012 WL 1559702

District Court, N.D. Florida | Filed: May 3, 2012 | Docket: 65982463

Published

impairment instruction set forth in Florida Statutes § 316.1934(2) (doc. 1 at 4-5; doe. 2 at 7-10). Petitioner

Department of Highway Safety & Motor Vehicles v. Berne

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

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 60296851

Published

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

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

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

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 60252121

Published

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

State v. Cubic

946 So. 2d 606, 2007 Fla. App. LEXIS 45, 2007 WL 5763

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64848568

Published

vehicle with an unlawful breath-alcohol level. See § 316.1934(2)(c), Fla. Stat. (2004) (providing: “If there

Leveritt v. State

924 So. 2d 42, 2006 Fla. App. LEXIS 1580, 2006 WL 297654

District Court of Appeal of Florida | Filed: Feb 9, 2006 | Docket: 64843099

Published

certain presumptions of impairment pursuant to section 316.1934, Florida Statutes (1997), based on the blood

Leveritt v. State

924 So. 2d 42, 2006 Fla. App. LEXIS 1580, 2006 WL 297654

District Court of Appeal of Florida | Filed: Feb 9, 2006 | Docket: 64843099

Published

certain presumptions of impairment pursuant to section 316.1934, Florida Statutes (1997), based on the blood

Gurry v. Department of Highway Safety

902 So. 2d 881, 2005 Fla. App. LEXIS 8070, 2005 WL 1250306

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838498

Published

contains a signature line and a name line. Section 316.1934(5), Florida , Statutes, provides: (5) An affidavit

Schofield v. State

867 So. 2d 446, 2004 Fla. App. LEXIS 931, 2004 WL 231468

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828615

Published

to the affidavit received into evidence.1 Section 316.1934(5), *448Florida Statutes (2000), provides

Jenkins v. State

855 So. 2d 1219, 2003 Fla. App. LEXIS 15280, 2003 WL 22327076

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 64825716

Published

challenge the presumption of intoxication under section 316.1934, Florida Statutes, because the agency failed

State v. Cameron

837 So. 2d 1111, 2003 Fla. App. LEXIS 1799, 2003 WL 354900

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 64820869

Published

the “presumption of impairment created by [section 316.1934(2) Florida Statutes] is a moot concern if

State v. Schreiber

835 So. 2d 344, 2003 Fla. App. LEXIS 442, 2003 WL 141623

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 64820073

Published

THE STATUTORY PRESUMPTIONS OF IMPAIRMENT IN SECTION 316.1934(2)1, FLORIDA STATUTES (2001), SUCH THAT IT

State v. Langsford

816 So. 2d 136, 2002 Fla. App. LEXIS 3939, 2002 WL 460396

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64815033

Published

concur. . "F.S. 316.1932, F.S. 316.1933, F.S. 316.1934, (2000).”

Wilson v. State

812 So. 2d 452, 2002 WL 312535

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 1716186

Published

statutory presumptions of impairment pursuant to section 316.1934(2), Florida Statutes (1997). In overturning

Department of Highway Safety & Motor Vehicles v. Neff

804 So. 2d 519, 2001 Fla. App. LEXIS 18502, 2001 WL 1657192

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811588

Published

required maintenance’ as required by Florida Statute § 316.1934(5).” 3. “[T]he Department failed to present evidence

Ibraimov v. State

760 So. 2d 291, 2000 Fla. App. LEXIS 7183, 2000 WL 762274

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64797959

Published

the presumptions of impairment set forth in section 316.1934(2), Florida Statutes (1997). We have also

State v. Sandt

751 So. 2d 136, 2000 Fla. App. LEXIS 300, 2000 WL 35831

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 64794967

Published

statutory presumption of impairment provided by section 316.1934, Florida Statutes (1997), but could admit

Searles v. State

750 So. 2d 667, 1999 Fla. App. LEXIS 16817, 1999 WL 1143833

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 64794718

Published

statutory presumptions of impairment found in section 316.1934(2), Florida Statutes (1993). See Townsend

State, Department of Highway Safety & Motor Vehicles v. Anthol

742 So. 2d 813, 1999 Fla. App. LEXIS 10699, 1999 WL 597443

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 64791495

Published

hearing. We contrast these provisions with section 316.1934(5), which requires an “affidavit containing

Lamontague v. State

728 So. 2d 1181, 1999 Fla. App. LEXIS 1390, 1999 WL 77192

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 64787034

Published

1992): In a case involving DUI by impairment, section 316.1934, Fla. Stat. (1989) provides that 0.10 percent

Standard Jury Instructions in Criminal Cases (97-2)

723 So. 2d 123, 23 Fla. L. Weekly Supp. 407, 1998 Fla. LEXIS 1332, 1998 WL 394912

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 64785070

Published

the presumptions of impairment established by F.S. 316.1934(2)(a), (2)(b), and (2)(c), as follows: (2)4a)U

State v. Sclafani

704 So. 2d 128, 1997 Fla. App. LEXIS 11542, 1997 WL 640726

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64778247

Published

that his or her normal faculties were impaired. § 316.1934(2)(c), Fla. Stat. (1995). See also Robertson

State v. Pierre

693 So. 2d 102, 1997 Fla. App. LEXIS 4948, 1997 WL 231485

District Court of Appeal of Florida | Filed: May 9, 1997 | Docket: 64773320

Published

results in criminal trials.2 In this regard, section 316.1934(2) of the Florida Statutes (1993) provides

State v. Talty

692 So. 2d 936, 1997 Fla. App. LEXIS 3217, 1997 WL 163013

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 64773090

Published

issue to be one of statutory interpretation. Section 316.1934(2), Florida Statutes (1993), provides: Upon

Department of Highway Safety & Motor Vehicles v. Johnson

686 So. 2d 672, 1996 Fla. App. LEXIS 12909, 1996 WL 714001

District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 64770415

Published

breath test results were .102% and .095%. Under section 316.1934(2)(c), Florida Statutes (1995), a test result

Pinellas County ex rel. Board of County Commissioners

659 So. 2d 1365, 1995 Fla. App. LEXIS 9423

District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 64758591

Published

impaired when the blood alcohol is 0.10. See § 316.1934(2)(c), Fla.Stat. (1989). The decedent in Coll

State v. Hill

618 So. 2d 742, 1993 Fla. App. LEXIS 4526, 1993 WL 125113

District Court of Appeal of Florida | Filed: Apr 21, 1993 | Docket: 64696423

Published

demonstrate, by affidavit or otherwise, see section 316.1934(5), Florida Statutes (1991), that an approved

New York Life Insurance Co. v. Coll

568 So. 2d 1306, 1990 Fla. App. LEXIS 8170

District Court of Appeal of Florida | Filed: Oct 23, 1990 | Docket: 64654155

Published

the trial court erred in failing to apply section 316.1934, Florida Statutes (1989), which creates a

Gatlin v. State

556 So. 2d 772, 1990 Fla. App. LEXIS 829, 1990 WL 10881

District Court of Appeal of Florida | Filed: Feb 8, 1990 | Docket: 64648060

Published

the presumption of intoxication set forth in section 316.1934(2)(c), F.S. (1985), as follows: If you find

State v. Falcon

556 So. 2d 762, 1990 WL 15841

District Court of Appeal of Florida | Filed: Jan 26, 1990 | Docket: 64648053

Published

in the light of the DUI manslaughter statute, § 316.1934(2)(c), have questioned the continued vitality

In the Interest of W.E.B. v. State

553 So. 2d 323, 14 Fla. L. Weekly 2778, 1989 Fla. App. LEXIS 6834

District Court of Appeal of Florida | Filed: Dec 4, 1989 | Docket: 64646807

Published

faculties presumably would have been impaired. See Section 316.1934(2)(c), Florida Statutes (1987). Just seconds

Busch v. State

547 So. 2d 245, 14 Fla. L. Weekly 1719, 1989 Fla. App. LEXIS 4032, 1989 WL 78340

District Court of Appeal of Florida | Filed: Jul 19, 1989 | Docket: 64644163

Published

instruction, which tracks the language of section 316.1934(2)(c), Florida Statutes (1985): If you find

State v. Oakley

515 So. 2d 1012, 12 Fla. L. Weekly 2299, 1987 Fla. App. LEXIS 10297, 1987 WL 3915

District Court of Appeal of Florida | Filed: Sep 23, 1987 | Docket: 64631024

Published

information against appellee and declaring section 316.1934, Florida Statutes (1985), unconstitutional

Florida Bar Re Standard Jury Instructions—Criminal

508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 64628105

Published

the presumptions of impairment established by F.S. 316.1934. *1229ACCESSORY AFTER THE FACT F.S. 777.03 Before

State v. Hilton

498 So. 2d 698, 12 Fla. L. Weekly 3, 1986 Fla. App. LEXIS 10991

District Court of Appeal of Florida | Filed: Dec 18, 1986 | Docket: 64623538

Published

extent that his normal faculties were impaired. § 316.1934(2)(c), Fla.Stat. . We note that, unlike breath

Roper v. State

504 So. 2d 1273, 11 Fla. L. Weekly 2508, 1986 Fla. App. LEXIS 10892

District Court of Appeal of Florida | Filed: Dec 2, 1986 | Docket: 64626205

Published

the chemical test presumption contained in Section 316.1934, Florida Statutes (1983), did not mean, without

Heidrich v. State ex rel. Blair

490 So. 2d 1306, 11 Fla. L. Weekly 1407, 1986 Fla. App. LEXIS 8439

District Court of Appeal of Florida | Filed: Jun 24, 1986 | Docket: 64620420

Published

The plain language of the statute is clear. Section 316.1934(4), Florida Statutes (Supp.1984), provides