The Legal Limit
The phrase “Legal Limit” is itself misleading. The way this number operates at law is by providing a presumption. This means that a jury may presume someone is impaired whenever they are at or above the legal limit. In Florida that’s a .08% or higher breath or blood alcohol content (B.A.C.). It is important to note that a presumption is rebuttable by competent evidence. However, it is also important to note that the key part of our Driving Under the Influence (DUI) law is impairment, which can technically be proven even below the .08% B.A.C.
Our presumptions are structured in three tiers. At or above a .08% B.A.C., the presumption is for impairment. From over .05% B.A.C. to less than .08% B.A.C., there is no presumption. At or below a .05% B.A.C., the presumption is against impairment.
Finally, it is important to note there is a form of DUI often referred to as an Enhanced DUI. In these cases, the individual has been revealed to have a B.A.C. at or above a .15%. If this is proven, then an individual may be subject to enhanced penalties.
Borderline B.A.C.s and testing methods are constant sources of litigation in the criminal law world. If you have a question about your case arising in Broward, Palm Beach, or Miami-Dade County and wish to discuss it with an attorney, contact our office and we’ll set up a free consultation.