How Drinking Within Your Limits Can Still Lead to a DUI Charge

Many people think that if they can keep track of their drinks, they can avoid getting a DUI. It sounds reasonable, right? You know your body, your limits, and how much you can drink without getting "too drunk." The problem is, counting drinks doesn’t always protect you. Florida’s DUI laws are strict, and the consequences of even a single misstep can be severe. In this article, I’ll explain how trying to count your drinks could still land you with a DUI in Florida, and what legal consequences you could face under Florida’s criminal statutes.

Florida’s DUI Law: The Basics

In Florida, driving under the influence is defined by Florida Statute § 316.193. A person is guilty of DUI if they’re operating a vehicle while impaired by alcohol or drugs to the extent that their normal faculties are affected. Alternatively, you can be charged if your blood alcohol concentration (BAC) is 0.08% or higher, even if you’re not showing obvious signs of impairment.

Counting Drinks Doesn’t Mean You’re Safe from a DUI

Many people make the mistake of thinking that as long as they count their drinks, they can stay under the legal BAC limit of 0.08%. But this is risky for several reasons:

  1. Alcohol Affects People Differently:
    One drink doesn’t affect everyone the same way. Your body weight, metabolism, the type of alcohol, and even how much food you’ve eaten can impact your BAC. You might think you’re staying under the limit by counting drinks, but your body could process alcohol in unpredictable ways.

  2. BAC Can Rise Over Time:
    After your last drink, your BAC continues to rise for a while. You might feel fine when you leave the bar or restaurant, but as your body continues to metabolize the alcohol, your BAC could increase, even after you’ve stopped drinking. This means you could be over the legal limit when you’re pulled over, even if you counted your drinks carefully.

  3. Impairment Happens Before 0.08% BAC:
    It’s important to understand that Florida law doesn’t only rely on the 0.08% BAC threshold. If law enforcement believes your normal faculties are impaired—even if your BAC is below 0.08%—you can still be charged with a DUI. This means you could face DUI penalties even if you didn’t reach the legal limit.

Legal Consequences of a DUI in Florida

Florida takes DUI offenses seriously. Even a first-time DUI can result in significant penalties, and if you’re relying on counting drinks to avoid a DUI, you could be setting yourself up for serious consequences.

Here’s a breakdown of the penalties under Florida law for a first-time DUI conviction:

  1. Fines:
    You’ll face a fine of between $500 and $1,000 for a first-time offense. If your BAC was 0.15% or higher, or if there was a minor in the car, the fine increases to between $1,000 and $2,000.

  2. Jail Time:
    A first-time DUI conviction can lead to up to six months in jail. If your BAC was 0.15% or higher, or if there was a minor in the vehicle, you could face up to nine months behind bars.

  3. License Suspension:
    Your driver’s license will be suspended for at least 180 days following a first DUI conviction. For repeat offenses, the suspension periods get longer, ranging from five years to permanent revocation in some cases.

  4. Ignition Interlock Device (IID):
    If your BAC was 0.15% or higher, you’ll be required to install an ignition interlock device on your vehicle for at least six months. For repeat offenders, the IID requirement can last for several years.

  5. Probation and Community Service:
    Along with fines and jail time, you’ll be sentenced to probation and may be required to complete community service. This can be disruptive to your personal and professional life.

How Police Determine Impairment

If law enforcement pulls you over, they’ll use a combination of methods to determine if you’re driving under the influence. Counting your drinks won’t protect you from field sobriety tests, breathalyzer tests, or other observations officers make about your behavior and driving. Here’s how it typically works:

  1. Field Sobriety Tests:
    These are physical tasks, like walking in a straight line or standing on one leg, that police use to gauge your coordination and balance. If you fail these tests, even with a BAC below 0.08%, you can still be arrested for DUI.

  2. Breathalyzer Test:
    Officers use breathalyzer devices to measure your BAC on the spot. If your BAC is at or above 0.08%, you’ll be arrested. However, even if you’re below the legal limit, other signs of impairment could still lead to a DUI charge.

  3. Observations:
    Police officers are trained to look for signs of impairment, such as slurred speech, the smell of alcohol, bloodshot eyes, and erratic driving. These signs alone can justify a DUI arrest, regardless of how many drinks you’ve counted.

DUI Defenses: How We Fight These Charges

Being charged with a DUI can be overwhelming, but it’s important to remember that you have legal options. A strong defense can challenge the evidence and work to reduce or dismiss the charges against you.

  1. Challenging the Traffic Stop:
    For law enforcement to stop your vehicle, they must have a valid reason. If the stop was illegal, we can argue that the evidence obtained during the stop, including any breathalyzer or sobriety test results, should be suppressed.

  2. Questioning the Breathalyzer Results:
    Breathalyzers are machines, and like any machine, they need proper maintenance and calibration. If the device was not calibrated correctly or administered improperly, we can challenge the accuracy of the results.

  3. Field Sobriety Tests Are Subjective:
    Field sobriety tests are often unreliable, as they rely on an officer’s subjective interpretation. Additionally, certain medical conditions or even nerves can cause a person to fail these tests. A skilled attorney can argue that the results of these tests were misleading or unfair.

  4. Medical Conditions Affecting BAC:
    Certain medical conditions can cause false positives on breathalyzer tests, including conditions like acid reflux or diabetes. If you have a medical condition that may have affected your BAC, we can present this as part of your defense.

Why You Need Legal Representation

Trying to handle a DUI charge on your own is risky, especially if you’re facing enhanced penalties or complex legal issues. A skilled DUI defense attorney knows how to challenge the evidence against you and can work to minimize the impact of a DUI on your life.

At Musca Law, we understand Florida’s DUI laws inside and out, and we’ve helped countless clients successfully defend against DUI charges. Whether this is your first DUI or you’re dealing with repeat offenses, we’ll be by your side every step of the way.

Florida DUI FAQs

What if my BAC is under 0.08%? Can I still be charged with DUI?
Yes, you can still be charged with DUI even if your BAC is below 0.08%. Florida law allows for DUI charges if your normal faculties are impaired, regardless of your BAC level. If police believe you’re too impaired to drive safely, they can arrest you based on their observations and field sobriety test results.

How does the timing of my last drink affect my BAC?
Your BAC can continue to rise even after you’ve finished drinking. This is because alcohol takes time to absorb into your bloodstream. You might feel fine when you leave a bar or restaurant, but as your BAC increases over the next hour or so, you could end up over the legal limit when you’re pulled over.

Are field sobriety tests mandatory?
Field sobriety tests are not mandatory in Florida, and you have the right to refuse them. However, refusing these tests could give law enforcement more reason to believe you’re impaired, which might lead to your arrest. It’s best to understand your rights and consult with a DUI attorney if you’re unsure about participating in these tests.

What is the “implied consent” law in Florida?
Florida’s implied consent law means that by driving in the state, you automatically agree to submit to a breath, urine, or blood test if you’re arrested for DUI. Refusing to take these tests can result in a longer license suspension and other penalties, even if you’re not convicted of DUI.

How can a DUI defense attorney help me?
A DUI defense attorney can help by examining the evidence against you, challenging the legality of the traffic stop, disputing the accuracy of breathalyzer or sobriety tests, and negotiating for reduced charges or penalties. With an experienced lawyer, you have a better chance of minimizing the impact a DUI charge will have on your life.

What should I do if I’ve been arrested for DUI in Florida?
If you’ve been arrested for DUI, the most important thing you can do is contact an experienced DUI defense attorney as soon as possible. The legal process moves quickly, and having a lawyer on your side from the beginning will help protect your rights and build a strong defense.

Call Us 24/7/365 for Your Free Consultation

If you’ve been charged with DUI, you need an experienced legal team on your side. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our team of dedicated DUI defense attorneys is ready to defend your rights and help you navigate the legal process.