Can I Get a DUI for a BAC Under 0.08?

Driving under the influence is a criminal act in the United States. Throughout the country, the legal limit for blood alcohol concentration (BAC) is 0.08. If an individual fails a breathalyzer exam given by an officer during a stop, they will be arrested and charged with a DUI. However, a person getting pulled over with BAC under the legal limit can find themselves in a legal gray area. Here’s what happens in that situation.

Pulled Over After a Drink

The police must have a reason to stop a driver. Usually, the individual has committed what is known as a primary offense, like speeding or driving with a broken taillight. During that pullover, the police officer might be able to smell alcohol on the driver’s breath, which would automatically lead them to test the driver’s BAC. Being honest with the police is in the individual’s best interests. If the police request the person take a sobriety test, they should do so.

While 0.08 is the legal BAC limit, a person can still be arrested and charged with a DUI. It is up to police discretion to decide when a driver is under the influence of alcohol, even if it’s under the legal limit.

Car Accidents After a Drink

If a driver has one drink and gets into an accident on the road after consuming a drink, there are usually legal repercussions. The insurance company would have to determine the extent of the individual’s liability since they were drinking. In this scenario, any other drivers involved in the accident can also choose to sue for the damages to their vehicle or personal injury.

If the crash is the fault of the driver who had a drink, the police will make that person take a breathalyzer test. A result of a BAC higher than 0.08 will result in a DUI, which is a criminal charge. If the BAC results are under the legal limit, the person can still face DUI charges.

If the crash wasn’t the fault of the driver who consumed alcohol, their BAC level is less relevant to the situation. However, if the results are higher than 0.08, the individual can still be charged with a DUI but won’t be held liable for the accident.  

Legal Options in Florida

If you are pulled over following a night out and are charged with a DUI, seek legal counsel immediately. An experienced criminal defense attorney can gather information surrounding the events and create a defense for your case.

The Umansky Law Firm works with clients to fight for the best possible outcome. Our attorneys have over 100 years of combined experience and know the best defenses against DUI charges. Contact our firm at (407) 228-3838 to learn more about how we can help you fight your Florida DUI charge. We are available to speak 24/7.