There are two main ways that drivers in Florida end up charged with driving under the influence (DUI) violations. In some cases, they display clearly diminished ability at the wheel by stopping for no reason or swerving unpredictably across the road. Other times, a motorist undergoes a chemical breath test that returns results over the legal limit.
Florida state statutes established multiple limits for the blood alcohol concentration (BAC) of a driver. Depending on the circumstances at issue, there are three different BAC limits that might apply.
Teenagers and college-aged young adults cannot yet legally consume alcohol. Therefore, the BAC limit imposed on them is relatively strict. Florida has a zero-tolerance policy that makes it a crime to operate a motor vehicle while underage with a BAC of 0.02% or higher. Young adults and teenage drivers can face the rest after as little as a single alcoholic beverage.
The current rules in Florida impose a 0.08% BAC limit for adults of legal drinking age operating passenger vehicles. Generally, that means they must have consumed multiple beverages in a short amount of time. Their BAC is likely to impede their ability to operate a vehicle safely. Even if they don’t display obvious signs of impaired ability, the state can still prosecute them.
Special licensing is necessary for an adult to operate a semi-truck, bus or similar commercial vehicle. Obtaining a commercial driver’s license (CDL) requires extra training to ensure individual proficiency and public safety. When someone with a CDL is in control of a commercial vehicle, they are subject to a stricter limit on their BAC. The state can arrest and prosecute a commercial driver for a BAC of 0.04%.
Many drivers may not notice any concerning signs of impairment when their BAC is 0.04%. However, they only need to be over the limit to risk prosecution. Their commercial license is likely at risk in addition to the criminal penalties they might face.
Those facing DUI charges based on BAC test results may have several viable defense options available to them. Fighting pending DUI charges can be a smart choice for anyone accused of drinking before driving, especially if they must drive for work.
