I blew under the legal limit, why am I being charged with DUI?

Fort Lauderdale DUI attorney Grant Schwarz:

Whether you had 1 drink with dinner or 10 drinks on an empty stomach, if you are pulled over by a police and you have the odor of alcohol on your breath the odds are stacked against youroadside tests that the officer will initiate a DUI investigation. Depending on how you handle yourself, and most importantly the officer’s experience, you could end up getting arrested for DUI.

Should you be arrested for DUI, you must always remember to maintain your calm no matter what the officers says or does. We don’t want you ending up with more charges from an overzealous police officer. So what happens when you are faced with the dreaded Intoxilyzer 8000?  Florida law requires that anyone who holds a driver license submit to a lawful test of his or her breath to determine its alcohol content. While the police officer cannot force you to blow into the machine, there are consequences for refusing. The consequences and procedures following a refusal to submit to a breath test will need to be the subject of another blog post. Today we will be discussing what happens when you do blow, and the result is either 0.00 or below 0.08, Florida’s legal limit.

At a 0.08 breath alcohol level or above, you are presumed to be intoxicated. But what will happen when the reading is below the legal limit? Florida Statute 316.1934 gives us the answerhqdefault as to what happens. If breath test results show a breath-alcohol level of 0.05 or less, the law presumes that you are not under the influence of alcoholic beverages to the extent that your normal faculties are impaired.. Without more evidence showing that you are under the influence of some other substance, either a controlled or unlawful chemical substance as stated under Florida Statute 877.111, there should be no charges for DUI.

The statute goes on to explain what happens when the result is above 0.05 but less than 0.08. If this is the case, the law still does not presume that you were or were not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. However, the fact that you provided the breath sample, which showed the presence of alcohol, can still be used against you in a DUI case and will need to be considered with any other evidence gathered by the police officers to determine whether you were under the influence of alcoholic beverages to the extent that your normal faculties were impaired. This evidence could be in the form of a video or audio recording, witness testimony, police officer testimony, any admission by you that you had consumed other substances at that time.

The Office of Dell & Schaefer has been representing criminal defense clients since 1979. Lead Attorney Grant Schwarz is rated as a Top 100 Trial Lawyer by National Trial Lawyers, and ready to represent you and start fighting to defend your rights today. Contact the office of Dell & Schaefer if you or someone you know has been charged with a Florida DUI Offense.

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