What It Means for Your DUI Charge and How a Private Attorney Can Make a Difference

Most people are familiar with the fact that Florida’s legal blood alcohol concentration (BAC) limit is 0.08%. However, many don’t realize that you can still be charged with driving under the influence (DUI) even if your BAC is below this legal limit. Florida law allows for DUI charges based on impairment, regardless of your BAC level. If you’re facing DUI charges with a BAC below 0.08%, you may feel confused or overwhelmed by the situation. But it’s important to understand your rights and how you can defend against these charges.

As an experienced DUI defense attorney, I’ve helped clients facing DUI charges even when their BAC was below the legal limit. This article will guide you through the legal issues surrounding BAC test results, the potential consequences, and why hiring a private attorney can be critical in fighting these charges.

Florida’s DUI Laws: More Than Just a Number

While many people assume that a DUI charge requires a BAC of 0.08% or higher, Florida law actually defines DUI more broadly. According to Florida Statutes Section 316.193, a person can be charged with DUI if they are driving or in actual physical control of a vehicle while under the influence of alcohol or any controlled substance to the extent that their normal faculties are impaired.

“Normal faculties” refer to a person’s ability to walk, talk, see, hear, judge distances, drive an automobile, make decisions, and perform other tasks necessary for operating a vehicle safely. The statute doesn’t require a specific BAC level to prove impairment. This means that even if your BAC is below 0.08%, you can still be charged with DUI if law enforcement believes that your ability to drive was impaired by alcohol or drugs.

BAC Levels Between 0.05% and 0.08%

If your BAC falls between 0.05% and 0.08%, Florida law presumes that you were not impaired. However, this presumption is not absolute, and it doesn’t mean you can’t be charged with DUI. The prosecution may use other evidence to show that you were impaired, such as:

  • Observations made by the arresting officer (e.g., slurred speech, unsteady gait, red or watery eyes)
  • Field sobriety test results
  • Your driving behavior prior to being stopped (e.g., swerving, speeding, or failing to obey traffic signals)
  • Statements you made to law enforcement officers

While a BAC below 0.08% creates a rebuttable presumption that you were not impaired, the prosecution can still argue that you were under the influence if they believe the other evidence shows impairment.

BAC Levels Below 0.05%

If your BAC is below 0.05%, Florida law presumes that you were not under the influence of alcohol. In these cases, the burden shifts to the prosecution to prove that you were impaired by other means, such as drugs, prescription medications, or a combination of substances. Even with a BAC below 0.05%, a DUI charge can still be pursued if the officer observed signs of impairment or if other evidence suggests you were not in full control of your faculties.

Why Are Drivers Charged with DUI Below the Legal Limit?

Several factors can lead to DUI charges even with a BAC below 0.08%. Here are some common scenarios where this might happen:

  • Erratic Driving Behavior: If you’re pulled over for driving erratically, such as weaving between lanes, speeding, or running red lights, the officer may suspect impairment, even if your BAC is below the legal limit.
  • Failure to Pass Field Sobriety Tests: Field sobriety tests (FSTs) are often used to determine impairment. These tests can be subjective, and even minor mistakes or nervousness can lead an officer to believe that you’re impaired, regardless of your BAC.
  • Presence of Drugs: If the officer suspects you were under the influence of drugs or a combination of alcohol and drugs, they may charge you with DUI, even if your BAC is below 0.08%. In such cases, the officer might request a urine or blood test to check for the presence of controlled substances.
  • Admission of Drinking: Sometimes, drivers admit to having a drink or two when questioned by law enforcement. This admission, combined with other factors such as erratic driving or failing FSTs, can lead to a DUI charge, even if your BAC is under 0.08%.

Penalties for DUI with a BAC Below the Legal Limit

The penalties for DUI in Florida are serious, regardless of your BAC level. If convicted, even with a BAC below 0.08%, you could face:

  • Fines: A first-time DUI conviction can result in fines ranging from $500 to $1,000. If you have prior DUI convictions, the fines can be even higher.
  • Jail Time: A first-time DUI offense can result in up to six months in jail, even if your BAC was below 0.08%. Subsequent offenses carry longer jail terms.
  • License Suspension: A DUI conviction can result in a driver’s license suspension ranging from 180 days to one year for a first offense. If you have prior DUI convictions, the suspension period will be longer.
  • Probation: Most DUI convictions include a period of probation, which typically lasts up to one year. During probation, you may be required to complete community service, attend DUI school, and comply with other conditions set by the court.

Additionally, a DUI conviction can have long-term consequences on your insurance rates, employment opportunities, and reputation.

Defenses Against DUI Charges with a BAC Below the Legal Limit

If you’re facing DUI charges with a BAC below 0.08%, there are several defense strategies that can be used to challenge the charges:

1. Challenging Field Sobriety Tests (FSTs) Field sobriety tests are notoriously unreliable and often subject to officer bias. Many factors can affect your ability to perform these tests, including medical conditions, fatigue, anxiety, weather conditions, and even the type of shoes you’re wearing. If the officer relied heavily on FSTs to determine impairment, an experienced attorney can challenge the validity of these tests.

2. Questioning the Accuracy of the BAC Test Breathalyzer machines and blood tests are not infallible. Breathalyzer devices require proper calibration, maintenance, and administration to produce accurate results. If the device wasn’t calibrated correctly, or if the officer didn’t follow proper testing procedures, the BAC results could be challenged. Similarly, blood tests can be contaminated or mishandled, leading to inaccurate readings.

3. Lack of Probable Cause for the Traffic Stop Law enforcement officers must have probable cause to make a traffic stop. If the officer didn’t have a valid reason to stop your vehicle, any evidence obtained during the stop, including BAC test results, may be suppressed. This could result in the dismissal of your DUI charge.

4. Alternative Explanations for Signs of Impairment Many factors can mimic the signs of alcohol impairment, such as fatigue, medical conditions, or prescription medications. An experienced DUI defense attorney can present evidence showing that your behavior or physical appearance was not due to alcohol impairment.

The Importance of Hiring a Private Attorney

When facing DUI charges, especially with a BAC below 0.08%, hiring a private attorney can make a significant difference in the outcome of your case. Unlike public defenders, private attorneys have the time and resources to dedicate to your defense. Here’s how a private attorney can help:

  • Thorough Investigation: Private attorneys can conduct a detailed investigation into your case, including reviewing police reports, BAC test results, and body cam footage to identify weaknesses in the prosecution’s evidence.
  • Challenging Evidence: A skilled attorney knows how to challenge the accuracy of BAC tests, FSTs, and other evidence used against you.
  • Negotiating with Prosecutors: Private attorneys have experience negotiating with prosecutors to reduce or dismiss charges. In some cases, they may be able to negotiate a plea deal for a lesser offense, such as reckless driving.
  • Mitigating Penalties: Even if you are convicted, a private attorney can argue for reduced penalties, such as avoiding jail time or securing a shorter probation period.

Having a knowledgeable attorney on your side can be the key to protecting your rights and your future.

DUI BAC FAQs

Can I still be charged with DUI if my BAC was below 0.08%?

Yes, in Florida, you can be charged with DUI even if your BAC was below 0.08%. The law allows for DUI charges based on impairment, regardless of your BAC level. If law enforcement believes that your normal faculties were impaired, you can still face DUI charges, even with a BAC below the legal limit.

What happens if I refuse a BAC test in Florida?

Refusing to take a BAC test in Florida can lead to immediate consequences, including a one-year license suspension for the first refusal and an 18-month suspension for subsequent refusals. Additionally, your refusal can be used as evidence against you in court to suggest that you were aware of your impairment.

Can a DUI charge be reduced to a lesser offense if my BAC was below 0.08%?

Yes, in some cases, a DUI charge can be reduced to a lesser offense, such as reckless driving, especially if your BAC was below 0.08%. An experienced attorney can negotiate with the prosecutor to seek a reduction in charges or penalties based on the circumstances of your case.

Will I lose my license if I'm convicted of DUI with a BAC below the legal limit?

Yes, a DUI conviction, regardless of your BAC level, can result in a driver’s license suspension. For a first-time DUI conviction, your license could be suspended for 180 days to one year. An attorney can help you explore options for obtaining a hardship license to allow you to drive for essential purposes.

How long will a DUI conviction stay on my record in Florida?

A DUI conviction will stay on your record permanently in Florida. Unlike other states, Florida does not allow for DUI convictions to be expunged or sealed, making it especially important to fight the charges and avoid a conviction whenever possible.

Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation

If you or someone you know is facing DUI charges with a BAC below Florida’s legal limit, it’s essential to act quickly. The consequences of a DUI conviction can be severe, but with the right legal defense, you can protect your rights and your future. 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.