It’s true that most drivers in Florida have a legal limit of 0.08%. Authorities can determine this limit in a few different ways, including blood tests and breath tests. They will sometimes use a portable breath test during a traffic stop or a breathalyzer at the police station.
However, it’s important for drivers to remember that not everyone is bound by the same BAC limit. Florida also has zero-tolerance laws. These apply to drivers who are under 21 years old. They can face drunk driving charges even if their BAC is just 0.02%—a quarter of the legal limit for the average driver.
Why is the lower limit used?
The reason the state uses this lower limit is that it’s illegal for people to drink alcohol when they are under 21, in most circumstances. Therefore, a driver who has a positive reading on a breath test, while still under 21, has already broken the law by consuming any alcohol at all. They are subject to stricter regulations when it comes to driving impairment.
This means that some young people may face DUI charges when they don’t even realize they’re impaired. It doesn’t take an entire drink to reach 0.02%. If someone was given a spiked drink at a party, drank half of it before deciding that it tasted off, and then tried to drive home, they could theoretically be arrested on DUI charges. They may not feel impaired, and they may not have had any intent to drink, but even a small amount of alcohol exposure can cause them to fail the test.
Since DUI charges can have serious ramifications, it’s important for anyone facing such allegations to know about their legal defense options at this time.
