Charged With Florida DUI But Blood Alcohol Level Below Legal Limit?

Reader’s Question:

A friend of mine was charged with DUI here in Florida. He had a reading for blood alcohol content which is below the legal limit. Why was he still charged with DUI? Can they really do that?

Anne

Coral Springs, FL

In Florida, drunk driving is becoming a very grave situation where authorities involved in enforcing laws are finding it a very big challenge.

A motorist can be charged with DUI if he/she was stopped while driving with blood alcohol content (BAC) of 0.08 percent. In, Florida you will be penalized for the offense if your BAC is above the legal limit. The current penalties would include fines between from $250 and $1000 depending on whether the offense is the first one or a repeated one. The offender can also have a jail term which is a minimum of 6 months to a maximum of 30 years, if vehicular homicide is involved. Vehicles can also be impounded and licenses suspended by the authorities. The court orders a mandatory 50-hour community service for the accused in most of the convictions.

The state of Florida can actually charge you with DUI with a BAC below 0.08 percent. The BAC is determined either by blood or breath test. If you are impaired of have a BAC of above 0.08 percent, you will be charged with DUI. In your friend’s case, he is considered as an impaired driver with a BAC below 0.08 percent. That’s why he was still charged and can be convicted. Impairment is based on the police officer’s of behavior of the driver in general, the Field Sobriety Tests, any video, etc. In other words, any driving after drinking or taking drugs puts anyone at risk for the DUI.

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