Many people are under the impression that a DUI arrest can only happen for drunk drivers. This is not true. An officer can arrest a driver in Florida if the officer believes the driver is impaired by alcohol, illicit drugs or controlled substances.
What is a legal breath alcohol level in Florida?
A driver must have a breath alcohol content that is less than .08 grams per 100 milliliters of blood. This means that the prosecutor assigned to your case will argue that you were impaired if you blow into the machine and give a reading that is .08 or higher.
What is the breathalyzer test in Florida?
The State of Florida uses a machine called the Intoxilyzer 8000. If you were taken to jail, this is the machine that you blew into if you did not refuse the breath test.
I gave a breath reading over .15, what happens next?
A breath alcohol level of .15 or higher is an enhanced DUI. Enhanced DUIs carry greater consequences than DUIs with breath readings below .15. Even if you blew over a .15, your can still have defenses to your case. These defenses may include an illegal stop and seizure which would be grounds to have your entire case dismissed, despite producing a high breath alcohol level.
I refused the breathalyzer, can the government still prove that was impaired?
If you refused the breath test, the State Attorney will try to show that you were impaired if you couldn't do everyday normal tasks such as driving, walking and talking. This evidence is typically shown through the roadside tests.
What can a Florida DUI lawyer do for me if I was arrested for impaired driving?
- Challenge the reason for the traffic stop. Bad stop can mean case dismissed.
- Challenge the officer's opinion of you. DUI is an opinion crime.
- Point out things you did correctly.
- Point out reasons to explain bad roadside test performance.
- Help you to get a hardship license.
Contact a Florida Impaired Driving Lawyer at 561-588-2781 for a free consultation.