If you are pulled over on suspicion of drinking and driving in Florida, officers may check your blood alcohol concentration with a breath test. Many drivers assume that the maximum legal BAC is 0.08 percent and that reaching or exceeding that level automatically leads to drunk driving charges.
There are some misconceptions in that assumption. A driver can still be arrested even with a BAC that is under 0.08 percent, if an officer observes signs of impairment – or if they are impaired by substances other than alcohol, like marijuana or prescription drugs.
In addition, it is important to remember that not all drivers are subject to the same BAC limit. Certain categories of drivers are held to different standards.
Commercial drivers
Commercial drivers are permitted to have only half the BAC allowed for most drivers. Their legal limit is 0.04 percent. This lower threshold makes it easier for someone with a commercial driver’s license to face drunk driving charges, which can have serious consequences for their career if their license is suspended or revoked and they cannot work.
Underage drivers
The limit is even lower for drivers under the age of 21. Their legal BAC limit is 0.02 percent. In practice, this means that almost any detectable amount of alcohol can trigger an arrest. This standard exists because individuals under 21 are not legally permitted to consume alcohol in the first place.
Defense options
Drunk driving charges can result in license suspensions, fines and jail time. It is important to take these charges seriously and understand all of the criminal defense options available to you.
