One key element in Florida drunk driving law is the legal limit. This sets what BAC level it is automatically a drunk driving offense for a person to drive at or above in the state. So, this limit has big impacts on what kinds of situations are likely to lead to a person facing DUI charges. Florida’s legal limit is currently 0.08, like most of the rest of the country.
However, a recent development in Utah raises the question of whether the future might see Florida and other states opt for a lower legal limit. Utah recently became the first state to implement a legal limit of 0.05.
As a recent news article illustrates, opinions here in Florida vary on whether the state should considering following Utah’s lead on this front. What are your thoughts on this issue? Do you think Florida will eventually move to a 0.05 legal limit?
Now, it is worth noting that it is currently possible for a driver to face drunk driving charges here in Florida even if he or she didn’t test as having a BAC at or above 0.08. For one, under state drunk driving law, it is also a DUI offense when a person drives while alcohol’s influence is impairing his or her normal faculties.
However, while this is an important caveat to note, BAC tests are a significant factor in most Florida drunk driving cases.
Now, if a driver does test positive for a BAC at or above the state’s legal limit, this does not mean the driver is guaranteed to be convicted of DUI. There can be various ways to challenge the validity or accuracy of BAC tests. DUI attorneys can help drivers who authorities have accused of testing at or above the legal limit investigate what such options could pursued in their case.