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Can I Get a DUI If I’m Under 0.08% BAC?

By Hager & Schwartz, P.A.

October 26, 2022

Did you know that being under the legal limit does not fully protect you from being charged with DUI?

DUI Under The Legal Limit in Florida

Many drivers think that as long as they are under the legal BAC limit, they are not breaking the law. However, this isn’t the case. In Florida, you can be charged with DUI if you are under the influence of any amount of alcohol that ‘impairs your normal facilities.’ This is true even if your breath test results show you are below the legal limit.

Penalties for DUI Under The Legal BAC Limit

Unfortunately, the potential penalties for drivers charged with DUI are the same regardless of their BAC level. If you are charged with DUI, you may face any number of the following:

  • A fine up to $1,000
  • Up to six months in jail
  • Probation
  • Driver’s license suspension
  • Vehicle impoundment

These are stiff consequences for all drivers, but especially so for drivers who were under the legal limit and were unaware that they could be charged with DUI.

Field Sobriety Tests for DUI

If you take a breathalyzer test that shows you are under the legal limit, then that alone is not the strongest evidence against you. The police may ask you to take field sobriety tests during the traffic stop. These are physical tests that show whether or not you are coordinated and can follow directions. If you take and fail these tests, the police officer can point to your results as proof that the alcohol you drank impaired your normal facilities, thus helping build a case against you for DUI under the legal limit.

Field sobriety tests are completely optional; you should never take these tests and provide the police with additional evidence to be used against you.

DUI Defense in Miami, Fort Lauderdale, and Daytona Beach

Were you shocked to be pulled over and arrested for DUI? You aren’t alone. Many drivers who face DUI charges never expected to. Our team at Hager & Schwartz, P.A. wants to help protect you and fight on your behalf. Our defense attorneys are highly experienced with handling all types of DUI cases. Reach out today to discuss the specifics of your case with our team.