The legal limit is the upper limit for blood alcohol concentration (BAC). Someone who is over this limit could be arrested on drunk driving charges. It is still possible to be arrested, even with a BAC that is under the legal limit, if there are other indications of impairment. But the BAC limit is still very important in these cases. If someone exceeds the limit on a breath test, it can lead to a conviction.
So what is the legal limit? In Florida, it is set at 0.08%. This is the same as the limit in all other states, and it applies to the majority of drivers. As noted above, someone could still be arrested with a BAC of 0.07%, but exceeding the limit does change the way that evidence applies in the case.
Underage drivers
That being said, the 0.08% limit does not apply to all drivers. Those who are under 21 years old shouldn’t be drinking at all, as it is illegal for them to purchase or possess alcohol. So if they have a BAC of 0.02% or more, then they can be arrested. It may not even take them one entire drink to get to 0.02%, but the law has been written this way because underage drinking is also illegal.
Commercial drivers
Likewise, commercial drivers have a lower BAC limit of 0.04%. They are not entirely prohibited from consuming alcohol, but they do need to keep their BAC lower because they may be driving for public transportation or driving exceptionally large vehicles, like 80,000-pound semi-trucks. Drunk driving accidents in these vehicles can be devastating, so drivers with a CDL have to adhere to the lower limit.
Are you facing drunk driving allegations under one of these limits? Be sure you understand all of your criminal defense options.
