The Client was stopped at a McDonald’s parking lot after he was observed speeding and crossing over multiple lanes of traffic. The Officer observed an odor of alcohol and had to repeat his commands to the driver more than once. When asked if he had been drinking, the Client admitted that he had been. A request was then made by the Officer that he engage in field sobriety exercises, during which he performed poorly. The Client submitted to a breath test and the results were .178% and .170%, well over the legal limit of .08%.
Blood Alcohol Content
In the state of Florida, a driver is not allowed to drive if they have a Blood Alcohol Content (BAC) level of .08% or higher. This is the standard limit that all states maintain across the United States.
Many individuals will wonder what the drink limit is in order to reach the .08% legal limit. There is not really a “magical” formula for this, as it depends on a variety of factors. Some of these factors include: if a person has eaten that day, what they are drinking, how strong the drinks are, the person’s body-weight, as well as other factors. There are calculators online that can give you a rough estimate, however, we advise you to not completely trust these since they could be inaccurate. It is estimated that for every drink a person consumes, their blood alcohol level goes up by approximately .05%.
It is advised under all circumstances that if you are drinking, it is not advisable to drive. Have a designated driver, call a cab or Uber/Lyft, or have a friend pick you up.
If you are charged with a DUI in Florida, you will face strict penalties. Not only will you face jail time, but fines will be given as well. A probation term could also be instated.
A judge has the discretion of if they determine if an interlock ignition device should be installed in your car. Typically, this is not given for a first offense. You will also need to do 50 hours of community service, and your car will be impounded for 10 days. Additionally, you will have your license suspended.
Musca Law Firm Services
Musca Law Firm believes in fighting for fairness. If you have been charged with a DUI, you will need legal representation to stand up for you. Please call us at (888) 484-5057 to set up your free initial case consultation. We have multiple offices located throughout the state of Florida for your convenience. Our attorneys have well over 150 years of combined legal service, and we have successfully won many DUI cases. Call us today to see how we can best support you!
Result: We were unable to subpoena the Arresting Officer because he no longer worked for the Escambia County Sheriff’s Office. We were able to convince the Hearing Officer to LIFT THE SUSPENSION because there was no testimony to support probable cause for the stop, probable cause for an arrest, and no testimony about the 20 minute observation period.