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Shaw v. State, 783 So.2d 1097 (2001) -- In prosecution for driving under the influence (DUI), state was required to prove that defendant's faculties were "impaired," rather than merely "weakened."

Sabree v. State, 978 So.2d 840 (2008) -- Simply having a drug in the system is legally insufficient to convict defendant of driving while intoxicated (DUI) manslaughter and DUI serious bodily injury, because the state is required to prove beyond a reasonable doubt that defendant was "under the influence" of cocaine.

State v. Tagner, 673 So.2d 57 (1996) – Necessary elements of driving under the influence include actual physical control of vehicle, that defendant was under influence of a controlled substance, and that defendant was affected to extent that his normal faculties were impaired.

State v. Sercey, 825 So.2d 959 (2002) – Prosecution may prove impairment by a controlled substance by using evidence of the presence of the controlled substance in the defendant's body and/or other evidence of impairment, including erratic driving and the fact that an accident occurred.


John P. Rutkowski, Attorney at Law, firm represents clients in the areas of Criminal Defense, DUI, BUI, Criminal & Civil Traffic Offenses. Contact Mr. Rutkowski today for a free telephone consultation.


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