People often equate DUI charges with blowing a blood alcohol content (BAC) of 0.08% or more, but can police arrest people for DUIs even if they blow under the legal limit? If you don’t know the answer, you’ve come to the right place.
Can I Be Arrested After Blowing Under?
In short, the answer is yes; someone can be arrested for a DUI even if they blow under the legal limit. This fact is based on Florida law which says that, in some cases, DUIs are more than having a 0.08% BAC.
Florida law states that someone is guilty of a DUI if they are, “under the influence of alcoholic beverages when affected to the extent that the person’s normal faculties are impaired.”
As you can see, this definition has nothing to do with someone’s BAC, and everything to do with the person’s ability to drive. Therefore, if someone is intoxicated to the point that they are having difficulty controlling a motor vehicle, they could be arrested for DUI.
Unfortunately, this makes DUI charges highly subjective in nature, as the officer who pulls the person over is the one who decides if he or she is committing a DUI. This means officers have the right to arrest people subjectively if they believe they are intoxicated to the point that they are a danger to themselves or others.
Have You Been Arrested for a DUI?
If you or a loved one has been arrested for a DUI, you have the right to hire an experienced defense for your case. Hager & Schwartz is ready to defend your rights regardless of the circumstances surrounding your arrest.