My BAC Was Below the Legal Limit — Why Did I Receive a DUI? 

 July 6, 2016

By  LMW Attorneys

Under Florida state law, a person can be charged with DUI or DWI for having a blood alcohol concentration (BAC) of 0.08 percent or above. While driving under the influence, charges are normally given to people with a blood alcohol concentration of 0.08 percent or higher, police are still allowed to issue a ticket to someone who seems impaired. Ultimately, while your blood alcohol concentration may be low, this does not necessarily mean that you are safe to drive.

DUI Charges Under Florida’s Laws

According to Florida’s laws, a conviction for a DUI can lead to $500 to $1,000 in fines for a first offense. If your blood alcohol concentration is higher than 0.15 percent, you may be given a fine of $1,000 to $2,000. In addition, you may be required to complete 50 hours of community service, or pay $10 for every hour of community service that was not completed. Probation or incarceration may be given for up to 12 months for a first offense, and the state may require a residential alcohol abuse program.

Noticeable Impairment

Under Florida law, you can receive a DUI as long as you are noticeably impaired. If your normal faculties or abilities are impaired, you are considered to be driving under the influence. This law covers alcohol and drug use while driving. Even if you are using prescription drugs, they can impair your ability to drive and result in a DUI charge. Concurrently, drivers under the age of 21 whose BAC is .02% or over and commercial vehicle drivers whose BAC is .04% or over will also be charged with driving under the influence.

Proving Impairment

Although you can be arrested with a BAC that is lower than 0.08 percent, a prosecutor will have a harder time proving your impairment. If your BAC is close to 0.07, the prosecutor may be able to argue that it was higher while you were driving and decreased before you were tested. Juries are generally not sympathetic to drunk drivers, so a low BAC does not necessarily mean that you will be able to escape from the charges.

Contact Laporte, Mulligan & Werner-Watkins for DUI Defense

Driving under the influence can result in a license suspension, fines, probation, incarceration and community service. Even if you had a blood alcohol concentration that was lower than 0.08, you may still be convicted of drunk driving. To make sure that you are legally prepared for your case, contact our professional staff members at Laporte, Mulligan & Werner-Watkins for more information.