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Ask the DUI Attorney » BAC Under 0.08 Percent

BAC Under 0.08 Percent

Can I get arrested for drunk driving if I registered a BAC under 0.08 percent?

- MM, Florida


In the state of Florida, there are two ways that you can have a charge of DUI pressed against you. The most common is having a blood alcohol concentration (BAC) over 0.08 percent as determined by a blood, breath or urine test. The second method, however, does not require a BAC level at all. The second is outlined under Florida Statutes §316.193 (2011) as being under the influence of alcohol and / or drugs to the point that a driver's "normal faculties are impaired."

This is obviously vague, but allows for a police officer to make a determination of impairment outside of the normal guidelines for BAC. This means that, technically, even if you had one beer and had a BAC under 0.08 percent, should the police officer determine that you were impaired by alcohol, you could still be facing criminal charges for driving under the influence.

Just because you are arrested, however, does not mean that you will be convicted! There are many defenses that can be utilized on your behalf to prove your innocence. For example, if the police officer determined your impairment through field sobriety tests, our attorneys could challenge the results. There are many different factors that can affect these results that should not be discounted.

If you had extenuating medical conditions or if you were just nervous, it may appear as if you are intoxicated. Other common causes of appearing to "fail" the field sobriety test include poor balance, painful shoes, fear of passing traffic or difficulty hearing the instructions. You should not be forced to suffer from a conviction for things such as this! By getting the involvement of Thomas & Paulk, we can help you fight for a rightful outcome and will do everything that we can to prove your innocence. Call us today.

This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.
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