Can you be convicted of DUI if your BAC was 0.048?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can you be convicted of DUI if your BAC was 0.048?

I’m a European tourist and I got arrested for DUI in FL. I spent the night in jail but my BAC was of 0.048 and I’ve been reading that the authorized level is of 0.08. I was however doing 64 mph where the limit was 35 mph. Can they sentence me for DUI even though I’ve got proof – provided by the state itself – that I was not under the influence?

Asked on March 21, 2011 under Criminal Law, Florida

Answers:

Kevin Pitts / The Law Offices of Kevin J. Pitts

Answered 10 years ago | Contributor

At .05 BAC you are neither presumed impaired or sober. Under .05 you are presumed to not be impaired but the state can rebut the presumption by showing impairment based on other factors. It is called impairment theory and what the state has to prove is that your normal faculties were impaired by drugs that are scheduled or included in chapter 893, alcohol or chemical substance. The chemical substance refers to inhalants. If you refused a test of your urine the case would be stronger for the state. The state could also use extrapolation to try to show your BAC was higher when driving. That requires experts and would be unlikely. I would guess that your case will be drastically reduced or dropped by the state as long as alcohol was the only issue. Legally prescribed drugs can also be used for a DUI conviction. An attorney can waive your appearance in court and could likely get the case resolved without you as long as it did not go to trial. The state often reduces to reckless if the case has major issues careless and if it can not be won the will drop it. For more DUI information go to <a href="http://myduiflorida.com/">Daytona Beach DUI attorney</a>.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can be arrested with this blood alcohol count (BAC).  When a person is pulled over on suspicion of driving drunk, 1 of the tests that an officer may ask a driver to undergo is a breathalyzer test.  The legal limit for driving under the influence is .08 BAC. However, this number is mostly treated by the police as a rough indicator of how drunk a person may be.  If you are at .08 or above, you will be arrested. Yet even if your breathalyzer test shows that you are under .08 (even substantially under) you may still be arrested for a DUI.  The reasoning is that alcohol affects individuals in different ways.  A person may test below .08 but actually behave as if they are more impaired than someone with a higher BAC.  For this reason, police will frequently arrest drivers who have a BAC below the legal limit.  In other words, if an officer believes that you are impaired, They will likely arrest you regardless of what your breathalyzer reads.

That having been said, an experienced DUI defense attorney can be invaluable in such a case.  They will examine all evidence and aggressively question the legitimacy of the charge.  There are numerousl grounds on which a DUI can be successfully challenged; this may result in the reduction of the charge, having the charge completely dismissed, or winning an acquittal at trial. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption