You Don't Need to Be Over the Legal Limit to Be Found Guilty of DUI in Florida—Here's What You Need to Know

It's a question I hear a lot: Can I be convicted of DUI in Florida if my blood alcohol content (BAC) is under the legal limit?

The short answer is yes—you can absolutely be convicted even if your BAC is below 0.08%. While many people assume that being under the legal limit means they're in the clear, the reality is that Florida law looks at much more than just the numbers on a breathalyzer test.

In this article, I'll explain how DUI laws work in Florida, what the legal limit actually means, and why you could still face a conviction even if your BAC is under 0.08%. I'll also walk you through the defenses available to you and explain why it's critical to have a private attorney by your side if you're facing DUI charges.

What Does the Legal Limit Really Mean?

In Florida, Florida Statutes § 316.193(1) outlines the rules for DUI, and the legal BAC limit is set at 0.08% for most adult drivers. But just because you're under that limit doesn't automatically mean you're free from a DUI charge.

Let me break this down:

Florida Statutes § 316.193(1) states:

"A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state, and... under the influence of alcoholic beverages, any chemical substance... or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired."

This means that even if your BAC is under 0.08%, the key factor is whether your normal faculties were impaired by alcohol or drugs. That's the critical part of the law. Impairment is what matters, not the BAC number.

How Can I Be Charged with DUI If My BAC Is Below the Legal Limit?

The police don't rely solely on your BAC to determine if you're impaired. If an officer believes that your driving or behavior is affected by alcohol, drugs, or any other substance—even if your BAC is under 0.08%—they may still arrest you for DUI.

Here are some of the factors that could lead to a DUI conviction, even with a BAC under the legal limit:

  • Poor Driving Behavior: If the officer observes you swerving, speeding, or making erratic movements, they may believe you are impaired, regardless of your BAC.
  • Field Sobriety Test (FST) Results: Officers may administer field sobriety tests like walking in a straight line or standing on one leg. If you fail these tests, the officer might arrest you for DUI, even if your BAC is under the legal limit.
  • Physical Appearance and Behavior: Bloodshot eyes, slurred speech, or the smell of alcohol on your breath could lead an officer to believe you are impaired, even if you're under the legal limit.

Real-Life Example: A Case I Handled

Let me tell you about a real case I worked on where my client's BAC was under 0.08%, but they still faced a DUI charge. The client had been stopped for speeding, and while their BAC was 0.06%, the officer believed their driving behavior showed signs of impairment.

The officer administered field sobriety tests, and my client struggled with the one-leg stand and walking in a straight line—tests that are notoriously difficult for anyone, especially in stressful situations. The officer made the arrest, and my client was facing DUI charges.

The key issue here was that while my client's BAC was under the legal limit, their normal faculties were still allegedly impaired by alcohol. It wasn't just about the breath test results—it was the officer's interpretation of their impairment based on behavior and performance on the field sobriety tests.

After reviewing the case, I was able to show that the officer didn't properly evaluate my client's health condition, which affected their performance on the tests. We also found that the officer failed to document some crucial details in their report. Ultimately, the charges were reduced.

This case illustrates why it's critical to have an attorney on your side, even if you've passed the breath test. There's much more to a DUI case than just the BAC number.

What Defenses May Apply?

Even if your BAC is under 0.08%, you still have options for defending against a DUI charge. Here are some of the most common defenses I use in these types of cases:

1. Improperly Administered Field Sobriety Tests (FSTs)

Field sobriety tests are subjective. There's no objective standard for what counts as "failure." An officer might believe you didn't pass the test, but the reality could be that the test was unfairly administered. There are many reasons you might struggle with these tests, such as:

  • Fatigue
  • Health conditions (such as a bad knee or back problem)
  • Nervousness
  • Weather conditions (like standing on a slick surface)

A private lawyer can challenge the officer's handling of the tests and argue that the results shouldn't be used against you.

2. Lack of Impairment

As I've already mentioned, Florida law requires that you be impaired—not just have a BAC above the legal limit. If your BAC was under 0.08%, we can argue that the evidence doesn't show you were impaired. A private attorney will look closely at all the evidence—including officer observations, body camera footage, and witness statements—to show that you were not impaired.

3. Health Conditions or Medical Conditions

Certain health conditions, like diabetes, fatigue, or neurological conditions, can mimic the signs of impairment. If you have a medical condition that affects your coordination or behavior, your lawyer can present this evidence in court to show that the officer misinterpreted your condition as impairment.

4. Inaccurate Breath Test Results

Sometimes, breath test machines can give inaccurate results. Environmental factors, like mouth alcohol or improper calibration, can lead to incorrect readings. An attorney will request maintenance records and calibration logs to ensure that the test was conducted correctly.

Relevant Florida Statutes to Understand

In addition to § 316.193, there are other statutes that are important when dealing with a DUI charge:

  • Florida Statutes § 316.1932 – Implied consent law. This statute requires that, if arrested for DUI, you must submit to a breath, blood, or urine test. Refusing to take the test can result in penalties, including an automatic license suspension.
  • Florida Statutes § 322.2615 – Administrative license suspension. If you refuse a breath test or test over the legal limit, your license can be automatically suspended.
  • Florida Statutes § 316.193(6) – Penalties for DUI convictions. This statute outlines the penalties you may face, including fines, probation, and license suspension, depending on whether it's a first, second, or third offense.

Why You Need a Private Attorney

The reason you need a private attorney if your BAC was under the legal limit is simple: There are many factors that can lead to a DUI conviction besides BAC. The officer's observations, your behavior during the stop, and your performance on field sobriety tests all play a crucial role in the prosecution's case.

As your lawyer, I can:

  • Challenge the officer's observations: Were the officer's conclusions about your impairment accurate?
  • Investigate the conditions of the field sobriety tests: Were they conducted properly?
  • Dispute faulty breathalyzer or blood test results: Was the test equipment calibrated correctly?
  • Provide expert testimony: If necessary, I can bring in medical experts to testify that your condition wasn't due to alcohol impairment.

Most importantly, I provide the personal attention your case deserves. Public defenders may not have the time or resources to dig into the details of your case like a private attorney can. With my experience and resources, I'll ensure that every detail is explored, and I'll fight to get the best possible outcome for you.

If you've been charged with DUI in Florida, even with a BAC under the legal limit, you don't have to face the consequences alone. Contact a private attorney who knows how to challenge DUI cases from every angle.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – DUI Charges and BAC Under the Legal Limit

Can I still be convicted of DUI with a BAC under 0.08% in Florida?

Yes, Florida law allows for a DUI conviction even if your BAC is under 0.08%. The key issue is whether your ability to drive was impaired by alcohol, drugs, or any controlled substances, not just the BAC number.

What happens if I refuse the breath, blood, or urine test in Florida?

If you refuse a breath, blood, or urine test in Florida after being arrested for DUI, your license can be automatically suspended for up to one year. In addition, the refusal can be used as evidence against you in court.

Can my medical condition affect my DUI case?

Yes. Certain medical conditions, such as diabetes, fatigue, and neurological disorders, can mimic the symptoms of impairment. A skilled lawyer can present medical evidence to show that your condition caused the signs of impairment observed by the officer.

How can I challenge my field sobriety test results?

Field sobriety tests are highly subjective. Your attorney can challenge the results by showing that they weren't conducted properly, or by explaining that your performance was impacted by factors like fatigue, health conditions, or the stress of being pulled over.

What are the penalties for a DUI conviction in Florida?

Penalties for DUI in Florida depend on whether it's your first, second, or third offense. They can include fines, mandatory DUI school, community service, probation, and a driver's license suspension. A third offense can result in felony charges and long-term license revocation.

Why do I need an attorney even if my BAC was under the legal limit?

An experienced DUI attorney can investigate every detail of your case, challenge the evidence against you, and work to get the charges reduced or dismissed. The prosecutor's case isn't always as solid as it appears—especially if your BAC is under 0.08%. A private attorney will ensure your rights are protected.

Call Musca Law For a Free Consultation

If you've been charged with DUI in Florida, even with a BAC under the legal limit, you don't have to face the consequences alone. Contact a private attorney who knows how to challenge DUI cases from every angle.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.