In Florida, many people believe that as long as their blood alcohol concentration (BAC) is below 0.08%, they are safe from a DUI charge. However, this is not always the case. It is possible to be charged with a DUI even if you blow under the legal limit, depending on other factors that suggest impairment. This article explores the circumstances under which a driver can be charged with a DUI despite having a BAC below 0.08%, including how field sobriety tests are used and how a DUI attorney can challenge these tests in Florida.

Understanding Florida’s DUI Laws

Florida’s DUI laws are strict and designed to enhance public safety. While the legal BAC limit is 0.08%, the law allows for DUI charges even at lower BAC levels if there is evidence of impairment.

BAC Below 0.08% and DUI Charges

In Florida, a BAC of 0.08% or higher is considered per se evidence of impairment. However, drivers can still be charged with a DUI even if their BAC is below this threshold if other signs of impairment are present. The law focuses on whether the driver’s normal faculties are impaired, which can be due to alcohol, drugs, or a combination of both.

Circumstances Leading to a DUI Charge Below 0.08%

There are several scenarios where a driver might face a DUI charge even with a BAC under 0.08%. These include the presence of drugs in the system, combined effects of alcohol and prescription medications, or clear signs of impairment observed by the officer.

Drug Use Combined with Alcohol

Even if your BAC is below 0.08%, the presence of drugs in your system—whether prescription or illegal—can lead to a DUI charge. Drugs can exacerbate the effects of alcohol, leading to impaired driving.

Signs of Impairment

Law enforcement officers are trained to observe various signs of impairment, such as erratic driving, slurred speech, or unsteady movements. If these signs are present, an officer may determine that you are impaired, even if your BAC is below 0.08%.

Field Sobriety Tests

Field sobriety tests (FSTs) are often used to assess a driver’s level of impairment. If you fail these tests, it can provide additional evidence of impairment that can lead to a DUI charge.

How a DUI Attorney Will Challenge Field Sobriety Tests in Florida

Field sobriety tests are subjective and can be influenced by many factors, making them a key point of challenge in a DUI defense.

Questioning the Conditions

A DUI attorney can challenge the conditions under which the FSTs were administered. Factors such as poor lighting, uneven road surfaces, or adverse weather conditions can make it difficult to perform well on these tests, regardless of impairment.

Medical Conditions and Physical Limitations

Physical or medical conditions, such as balance disorders or injuries, can affect performance on field sobriety tests. An experienced DUI attorney can present evidence of these conditions to argue that the test results were not indicative of impairment.

Officer Training and Test Administration

The effectiveness of field sobriety tests depends on the officer’s training and adherence to standardized procedures. A DUI attorney will investigate whether the officer followed proper protocols and was adequately trained. Any deviations or errors in administration can be used to challenge the test results.

Subjectivity of Test Results

Field sobriety tests rely on the subjective judgment of the officer administering them. A DUI attorney can highlight this subjectivity and argue that the results may not be a reliable indicator of impairment.

The Role of Video Evidence

In many DUI cases, law enforcement officers use dashboard cameras or body cameras to record the administration of field sobriety tests. This video evidence can be instrumental in challenging the test results. A DUI attorney can review the footage to identify any inconsistencies, improper administration, or environmental factors that may have affected the driver's performance. Video evidence provides an objective record that can support the defense’s arguments and cast doubt on the officer’s testimony.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you are facing DUI charges in Florida and have blown under 0.08%, it is crucial to seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.

Understanding that you can be charged with a DUI even with a BAC below 0.08% is essential for navigating these complex cases. With the right legal support, you can challenge the evidence against you and work toward the best possible outcome for your situation.