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Motion to Suppress BAC below 0.08 Granted
If a driver is presumed impaired and the BAC is less than 0.08, the Florida Supreme Court has established specific guidelines for the court to follow. Here is an example of those issued instructions.
Beyond a reasonable doubt, the state must prove these two points of law:
That the Defendant drove or was in actual physical control of a vehicle
While driving or in actual physical control of the vehicle the defendant's "normal faculties were impaired"
Source: In re Std. Jury Instructions in Crim. Cases Report No. 2008-08, 2009 Fla. LEXIS 2449 (Fla. Feb. 26, 2009)