Criminal Defense & Immigration Attorneys in Palm Beach, Florida | J & J Law Firm, P.A.

Can I Be Charged with A DUI if I Blow Below .08?

Answer: Yes.

It is common knowledge that the legal limit for Blood Alcohol Concentration (BAC) is .08 or higher.  What you may not know is a BAC between .08 and .149 is considered a standard DUI. And anything over .150 is considered an enhanced DUI with greater penalties.

But What About a BAC Below .08?

This is where various presumptions come in. If you were to go to trial, the prosecutor is entitled to tell the jury that a BAC above .08 is presumed impaired. Between .05 and .079, there is no presumption about impairment for the state of the defendant. And anything below .05, the defense is permitted to tell the jury that it is presumed the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

Moreover, Florida has “zero-tolerance” policy for drinking and driving under the age of 21. Anyone operating a motor vehicle under 21 with a BAC of 0.02% or higher can be arrested and charged with a DUI. 

On the other hand, CDL holders can be charged with a DUI for a BAC of .04 BAC or higher.

So How Do They Prove I Was DUI if I Am Below the .08?

Totality of Circumstances.

This is a legal term used to determine whether or not you are considered DUI with a BAC below .08. This is done by examining evidence such as, behavior, evidence of impairments, performance on your roadsides sobriety exercises, statements, driving pattern, medications, other illicit drugs, etc.

Were You Charged with a DUI in Palm Beach?

Then call 561-847-4726 for a free consultation on your DUI. Don’t let a DUI conviction affect your job, reputation, insurance, finances and more.  Call us to see how we can help. We will examine your case and prepare your defense. We will fight for you. We may even be able to secure a DUI Diversion based on your criminal history and circumstance surrounding your DUI charge. Click here for more information about DUIs or the DUI Diversion.

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