In Florida, you are over the legal limit when your blood alcohol level is 0.08% or higher. How much alcohol consumption can put you at the legal alcohol limit? Many people want to know how many drinks it takes to go over the legal blood alcohol concentration. However, that number can vary drastically based on several factors.
Your BAC can be impacted by your body weight, whether or not you ate any food, alcohol tolerance, the amount of time it took for you to consume these beverages, and many other factors aside from how many drinks you consumed. Before a police officer arrests you for a DUI, they will likely have observed your behavior, such as swerving between lanes or driving erratically. This gives them a reason to pull you over and conduct a field sobriety test or breathalyzer test.
A DUI conviction according to Florida DUI laws will remain on your record for 75 years. Additionally, with strict Florida DUI penalties, you must seek legal representation from a DUI attorney.
Parikh Law, P.A. is a leading law firm specializing in DUI defense. Our experienced attorneys are dedicated to fighting drunk driving charges, using our deep understanding of Florida law to protect your rights. In this article, you’ll learn about the alcohol legal limit in Florida and what you can do to protect yourself from the serious consequences involved with these charges.
What Is the Legal Limit for Blood Alcohol Concentration in Florida?
The Florida legal limit for blood alcohol concentration (BAC) is 0.08%. You should know that even if you are not above the blood alcohol content level, it is still possible to face a DUI charge. An officer may still charge you with driving under the influence if you exhibited behaviors that showed impairment or caused an accident resulting in serious injuries.
Consuming alcohol—even just one drink—can put a person over the alcohol limit. The factors listed above play a role, though the types of drinks you have could mean you’re consuming more than you should.
For example, one 12-ounce beer has about 5% alcohol, though certain craft beers may have a higher content. A standard 5-ounce pour of table wine has roughly 12% alcohol. Drinks with distilled spirits have about 40% alcohol in a serving size of one and a half ounces. If you have too many strong drinks, have a low body weight, or don’t eat much, you are more likely to have a BAC over the legal limit.
Consequences of Driving Over the Legal Blood Alcohol Content in Florida
It’s always best to choose a designated driver or call a rideshare when you go out for a drink. If you are arrested for drunk driving, you will face serious penalties and consequences. The limit for a breath alcohol test is 0.08% if you are 21 and up. For anyone under 21, that percentage is 0.02%.
Generally, those under 21 won’t face jail time, but they will face the suspension of their driver’s license for up to six months. They may also need to undergo a substance abuse evaluation and enroll in an alcohol education program or perform community service.
Anyone over 21 arrested for their first DUI may face jail time or probation for up to one year. It also means a mandatory driver’s license suspension. Fines will be between $500 and $2,000. If you have a minor in the car with you or your BAC is 0.15% or higher, it will put fines at $2,000 to $4,000. An ignition interlock device may be required as well, even for a first conviction, though it is most often required if BAC is 0.15% or above.
You’ll also need to serve 50 hours of community service. For a subsequent DUI, the penalties become even harsher. If you are over the legal BAC as a truck driver, you will face losing your commercial driver’s license. This license suspension could be up to three years.
Steps to Take When Facing a Florida DUI Charge
When you are facing a DUI, it’s important to remember your right to remain silent. Once you are taken into custody, make sure you politely tell the officers that you are exercising this right and that you’d like to speak to an attorney.
It doesn’t matter what a drink equals when it comes to BAC. Some people are arrested on suspicion of DUI when they haven’t consumed anything due to exhaustion or medical conditions. Arguing with the police will not help, though, and could compound your charges. It’s best to seek legal representation immediately to mitigate the situation and protect your freedom.
How an Experienced DUI Defense Attorney Can Help Protect Your Legal Rights
There is no substitute for an experienced DUI attorney when it comes to defending you from DUI charges. If you are arrested for DUI in Florida multiple times in a short span, you may lose driving privileges for up to five years. If you refuse a blood, breath, or urine test, you also need to know your legal options. Schedule a free consultation with our Criminal Defense Attorney at Parikh Law, P.A. to get the strong defense you need.