John Musca Law Background

John Musca
Florida Drunk Driving Statistics

n Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986 and the lowest number of drunk driving deaths occurred in 1997. In 2006, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 959 fatalities, which was a big drop from the year before.

All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). This is based upon a police officer’s observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.)

The second offense is called «illegal per se», which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.
Year

Florida alcohol fatality stats
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It is important to note that the Florida drunk driving statistics, as shown above, include data from individuals who were in an alcohol-related crash, but not driving a motor vehicle at the time. The U.S. Department of Transportation defines alcohol-related deaths as «fatalities that occur in crashes where at least one driver or non-occupant (pedestrian or pedalcyclist) involved in the crash has a positive Blood Alcohol Concentration (BAC) value.»

The fatality rates shown above refer to the number of people killed in all traffic accidents and, separately, in alcohol related traffic accidents, per 100 million vehicle miles traveled.
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Criminal status of DUI laws in Florida

In Florida, 1st and 2nd offenses are misdemeanors, 3rd or subsequent offense is a 3rd degree felony. Citation:§§316.193 & 775.082(2)

Sources for Florida drunk driving information and statistics

US Dept. of Transportation, National Highway Traffic Safety Administration, 12/02
(2) National Conference of State Legislatures, 2004