DUI Scenarios Involving BAC Below the Legal Limit

matthew-t-rader-mHrc8ydLg3c-unsplash(1)It’s generally believed that when a person gets a DUI charge, they were caught with at least 0.08 percent or more of blood alcohol (BAC). However, if the driver is under the legal BAC cap, is it still likely they will be arrested? Let’s dig into this issue a little further.

The short answer is yes, even though they are blowing below the legal limit, an impaired driver can still receive a DUI arrest. The affirmation focuses on Florida law which states that in some situations, DUIs are more than just the Florida legal limit of 0.08 percent BAC.

An individual may be guilty of a DUI, according to Florida law, if they are under the influence of alcoholic drinks and they are impaired enough that their normal abilities are diminished. This then has less to do with the BAC of a driver and much to do with the capacity of the driver to handle a vehicle in a safe manner. Accordingly, a potential DUI arrest may occur if someone is drunk to the degree that they have trouble driving a motor vehicle.

Unfortunately, this makes DUI crimes highly subjective, since the law enforcement officer who pulls the driver over is the one who decides whether a DUI is committed by the driver or not. This may suggest that police are able to apprehend persons subjectively whether they think that they are drunk to the point of being a threat to themselves or others.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a Miami expungement attorney.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.