State v. Schreiber

ON MOTION FOR REHEARING

POLEN, C.J.

We withdraw our previously filed opinion dated November 20, 2002 and replace it with the following.

The county court has certified the following question of great public importance to this court pursuant to Florida Rule of Appellate Procedure 9.160(b):

DOES THE STANDARD DUI JURY INSTRUCTION, WHICH INCLUDES BOTH THE IMPAIRMENT THEORY AND THE UNLAWFUL BLOOD ALCOHOL THEORY, HAVE THE EFFECT OF GIVING AN INSTRUCTION ON THE STATUTORY PRESUMPTIONS OF IMPAIRMENT IN SECTION 316.1934(2)1, FLORIDA STATUTES (2001), SUCH THAT IT IS ERROR TO GIVE THE STANDARD DUI JURY…