Understanding DUI Charges Even When Your BAC is Zero
Florida's DUI laws are complex, and many people assume that a DUI charge only applies if their blood alcohol concentration (BAC) is over the legal limit of 0.08%. But what happens if you blow a 0.00 BAC and still get arrested for DUI? The short answer is yes, it is possible to be charged with a DUI in Florida, even with no alcohol in your system.
DUI Beyond Alcohol
In Florida, driving under the influence isn't limited to alcohol. According to Florida Statute §316.193, a DUI can be based on impairment by not only alcohol but also drugs or controlled substances. The key factor is whether your normal faculties are impaired, which means your ability to see, hear, walk, talk, or perform basic tasks while driving is diminished. If law enforcement believes you are impaired by drugs (whether prescription, over-the-counter, or illegal substances), they can charge you with a DUI, even if your breathalyzer test comes back 0.00.
Law Enforcement Observations: Field Sobriety Tests
When you're stopped by an officer, the first signs they look for aren't related to a breath test—they’re watching your driving behavior. If you were weaving, driving erratically, or showing any signs of impaired control of your vehicle, that could be enough to initiate a DUI investigation. Once stopped, if the officer notices signs like slurred speech, bloodshot eyes, or difficulty following simple instructions, they may ask you to perform field sobriety tests (FSTs). These tests evaluate your physical coordination and mental faculties.
If you fail these tests, the officer may decide you’re impaired, regardless of your BAC result. It’s important to remember that FSTs are subjective—an officer’s interpretation of your performance plays a large role, and not all factors are considered (such as fatigue, anxiety, or physical limitations).
Prescription Medications and DUI
A common scenario that catches many by surprise involves prescription medication. You might have a valid prescription from your doctor, but if the medication impairs your ability to drive safely, you could still be charged with DUI. Florida law does not differentiate between legal and illegal drugs when it comes to impaired driving. If you’re taking painkillers, sedatives, or even certain antidepressants, you could be considered impaired and face DUI charges under Florida Statute §893.13 if your driving is affected.
Drug Recognition Experts (DRE)
When a breathalyzer shows 0.00 BAC, but the officer still suspects impairment, they may call in a Drug Recognition Expert (DRE). DREs are specially trained officers who can evaluate a driver’s behavior, physical symptoms, and responses to various tests to determine if they’re under the influence of drugs. The DRE’s opinion can be a critical part of the state’s case against you, as they will argue that drugs—not alcohol—were the source of your impairment.
Urine and Blood Tests
If a breath test doesn’t show alcohol but there is still suspicion of drug use, the next step may be a urine or blood test. Florida law allows officers to request these tests if they believe you’re impaired by drugs. Refusing a urine or blood test can result in serious penalties, including an automatic license suspension for at least one year, under Florida’s Implied Consent Law (§316.1932).
Penalties for DUI Without Alcohol
The penalties for a DUI in Florida, regardless of whether alcohol or drugs were involved, are the same. A first-time DUI offense can result in fines ranging from $500 to $1,000, community service, probation, and up to six months in jail. If there are aggravating factors, such as a minor in the vehicle or a high level of impairment, the penalties can be much more severe.
Your driver's license will also be suspended upon arrest, and you’ll face an administrative suspension from the Department of Highway Safety and Motor Vehicles (DHSMV), which is separate from the criminal case. You can challenge this suspension, but it must be done quickly—within 10 days of your arrest.
Defending Against a DUI When You Blow 0.00 BAC
Building a defense for a DUI when you blow 0.00 BAC involves challenging the officer's conclusions about your impairment. We would carefully review the traffic stop, including whether there was probable cause to stop you in the first place. Additionally, we’d examine the results of the field sobriety tests and question the reliability of the DRE’s evaluation, if applicable.
In some cases, we might argue that medical conditions or physical disabilities affected your performance on the FSTs. If prescription medication was involved, we would need to show that you were taking the drug as prescribed and that its effects were not impairing your ability to drive.
The Role of Evidence in DUI Cases
Evidence collection is key in any DUI case. This includes body cam footage, dashcam footage, officer reports, and any breath, blood, or urine test results. If there are issues with how the tests were conducted or if the officer did not follow proper procedures, we can use this to challenge the validity of the evidence.
Florida’s strict DUI laws are designed to cover a wide range of impairing substances. However, just because an officer believes you’re impaired doesn’t mean you are guilty. Every case is unique, and it’s important to have an experienced attorney on your side to scrutinize the details and fight for the best outcome.
What to Do if You’ve Been Charged With a DUI After Blowing 0.00 BAC
If you’ve been arrested for DUI in Florida, even with a 0.00 BAC, it’s crucial to take action right away. You’ll be facing serious penalties, and the legal process can be overwhelming. The sooner we get involved in your case, the better your chances of building a strong defense.
Florida 0.00 BAC FAQs
Can I get a DUI for taking prescription medication in Florida?
Yes, under Florida law, you can be charged with DUI if you’re impaired by prescription medication while driving. Even if the medication is legally prescribed, if it impairs your ability to operate a vehicle, you could face DUI charges. The key factor is whether your normal faculties were impaired by the medication.
What happens if I refuse a urine or blood test?
Refusing to take a urine or blood test in Florida can result in an automatic license suspension of at least one year. Florida’s Implied Consent Law requires drivers to submit to chemical tests if an officer has reason to believe you’re impaired. Refusing the test also weakens your defense, as it could be seen as an attempt to hide evidence of impairment.
Can I challenge a DUI charge if I blew 0.00 on the breathalyzer?
Yes, a DUI charge can be challenged, even if you blew 0.00 BAC. The defense would focus on whether law enforcement had probable cause to stop you and whether their assessment of your impairment was accurate. If drugs were suspected, the reliability of the officer’s conclusions and any test results would be closely examined.
How long do I have to challenge a driver’s license suspension after a DUI arrest?
You have 10 days from the date of your arrest to challenge the administrative suspension of your driver’s license in Florida. It’s critical to act quickly to request a formal review hearing and protect your driving privileges while your case is pending.
What are the penalties for a first-time DUI in Florida?
For a first-time DUI conviction, penalties in Florida can include fines ranging from $500 to $1,000, community service, probation, and up to six months in jail. You may also face a license suspension and be required to attend DUI school.
What is a Drug Recognition Expert (DRE)?
A Drug Recognition Expert (DRE) is a law enforcement officer trained to recognize signs of drug impairment. If you blow 0.00 BAC but the officer still suspects impairment, a DRE may be called in to evaluate whether you are under the influence of drugs. The DRE’s findings can play a major role in the prosecution’s case.
Can I be arrested for DUI without alcohol or drugs in my system?
Yes, you can be arrested for DUI if the officer believes your driving is impaired, even if no alcohol or drugs are present in your system. Fatigue, medical conditions, or other factors could potentially mimic impairment, which is why it’s important to have a thorough defense.
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If you’ve been charged with a DUI, contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.