Some driving under the influence (DUI) charges are quite straightforward. There are few questions about a driver’s impairment because of how poorly they handle their vehicle. Other times, the situation may fall into a bit of a gray area.
The driver may have had an elevated blood alcohol concentration (BAC) even though their driving was not particularly poor. The law in Florida allows prosecutors to bring charges against people who drive dangerously. They can also bring charges against those who technically violate the state’s DUI statute. Having an elevated BAC is sufficient justification for prosecutors to bring DUI charges in Florida. There are actually three different BAC limits that may apply in different scenarios.
How much alcohol is too much?
The age of a driver and the type of vehicle they operate determine what BAC limits they must follow. Most drivers who are over the age of 21 are subject to the standard BAC limit enforced in Florida. If test results show that a motorist has a BAC of 0.08% or higher, then the state could justify pursuing DUI charges against them. Typically, those with a BAC of 0.08% or more have had multiple drinks in a short amount of time.
However, there are lower limits that apply to two other groups of drivers. Professionals who operate commercial vehicles with a commercial driver’s license (CDL) are subject to a stricter limit. While in control of a commercial vehicle, a BAC of 0.04% is sufficient to justify DUI charges against the professional. Drivers may not notice any warning signs of impairment at that BAC level.
If the driver isn’t old enough to legally drink, then the BAC limit that applies is even stricter. Those under the age of 21 can face arrest and prosecution for a BAC of just 0.02%. It is also worth noting that particularly elevated BACs of 0.15% or higher can be aggravating factors in DUI cases. The more someone has to drink, the higher their chances of prosecution and the more serious the penalties they face.
Understanding Florida’s DUI laws can help drivers avoid arrest or better respond to pending charges. Technical DUI violations involving elevated BACs can inspire a variety of different defense strategies, depending on the circumstances at issue.