Drunk Driving Under .08
Under Florida law, it is illegal to drive under the influence of alcohol. To be arrested for driving under the influence (DUI), a driver must be driving with his or her “normal faculties” impaired, or have a blood alcohol content (BAC) of .08 or above. A .08 BAC is known as the legal limit in Florida; at this level or higher, the police will readily charge you with a DUI. What many people don’t know, however, is that it is possible to be arrested for a BAC under .08.
The .08 BAC limit is considered more of a guideline than a strict distinction between an individual being drunk or not drunk. Since alcohol affects different people in different ways, a person with a BAC below .08 may still show signs of significant impairment. The police may use field sobriety tests, breathalyzer tests, or evidence from your driving to determine whether your faculties have been compromised. It is not uncommon for drivers with a BAC as low as .05 to be arrested for DUI.
Protecting Your Legal Rights
While you may find yourself arrested for a BAC under .08, remember that being charged is very different from being convicted. An officer may charge you with a DUI but it is up to the court to decide if there is enough evidence to determine that you were actually driving under the influence of alcohol. Like any criminal charge, you remain innocent until proven guilty.
If you have been arrested for DUI with a BAC under .08, consider contacting a criminal defense lawyer immediately. Your lawyer will fight to protect your rights under the law and will scrutinize all evidence brought against you for the charge. If the police arrested you on a hunch with little evidence and a low BAC level, your criminal lawyer will point out the weaknesses in your case to fight for a not guilty verdict or a dismissed charge.
Contact Us
For sound legal advice and assistance regarding your DUI arrest and preparing your defense for court, contact the experienced West Palm Beach criminal attorney Eric N. Klein today at 561-353-2800.
