Understanding Florida’s Legal Blood Alcohol Content

Blood alcohol content is defined as the amount of alcohol in your blood per 100 milliliters (ml) of blood. In Florida, the BAC limit is .08 – that means that anything over .08 ml of alcohol per 100 ml of blood is considered “under the influence.” If you are pulled over and found to be driving with a BAC in excess of the legal limit, Florida law enforcement officers will arrest you for a DUI. If you’ve already been charged, contact a Miami DUI defense attorney who has handled cases like yours before and will fight to protect your constitutional rights in court.


How Blood Alcohol Level is Determined by Law Enforcement

When alcohol is consumed, it’s absorbed into the bloodstream and retains its chemical composition throughout. This alcohol is absorbed into the lungs and when you exhale, the some of the alcohol escapes into the air as well, giving off that pungent alcohol odor that law enforcement officers check for with chemical breathalyzer tests.

These tests work because the concentration of alcohol in your breath is proportionately comparable to the concentration of alcohol in your blood. That proportion is 1:2,100 – 1 ml of blood contains the same amount of alcohol as 2,100 ml of air. When police administer a chemical breath test (also called a breathalyzer) they are searching for this fractional unit of 1/2100th of .08ml of alcohol per 100 ml of blood.


When Law Enforcement Officers Make Mistakes in Blood Tests

This seems like a pretty small amount, which should right away indicate that there is room for error in the administration and evaluation of breathalyzer tests, and this margin of error remains consistent when it’s extended to urine and blood analyses. Because the machinery used in these tests may not always be properly calibrated or completely functional, it’s possible that your reading was inaccurate. These are all issues that a Miami DUI defense attorney will address, because in order for you to be found guilty of a DUI, the proof, or evidence, must be incontrovertible.

Remember that you do have the option whether or not to submit to any chemical tests when you’re stopped, however, the decision to do so also comes at a cost. If you refuse to submit to the tests, your driving privileges will be automatically suspended for at least 6 months. However, if you refuse to take the test, that also means that the state will not have that chemical evidence to use against you.

Ultimately, the decision is up to you, but taking your transportation situation into account might be a worthwhile consideration before you decide. While you do have the right to speak with an attorney, you are not entitled to speak with one about your choice as to whether or not you should submit to a chemical test.

If you’ve been pulled over and your blood alcohol content was above the Florida BAC legal limit,Floridalaws still afford you certain rights. Speak with a Miami DUI defense attorney who may defend those rights and advise you on your best possible course of action after an arrest.


Contacting a Miami DUI Defense Attorney

If you are facing DUI charges because your BAC was about the legal limit in Florida, your legal team is your best defense. The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact Miami DUI defense attorney team at Falk & Ross for a no-cost evaluation of your case – 1-877-663-5110.