What is the Blood Alcohol Level in Florida?
If you're over the age of majority for drinking, which is 21 in this state, the legal limit for blood alcohol content is point zero eight. What that means is point zero eight grams per 210 liters of breath, which is a scientific formula that really isn't significant. All you're really concerned with is when you blow into that machine, which is the Intoxilyzer 8000, is it going to register a reading over that?
Now, what's important to remember is when you provide breath samples after you've been arrested for DUI, you're actually giving two samples into that machine and it's trying to calibrate them within a certain range. If both of your breath samples register at over a point zero eight, then it doesn't mean you're automatically guilty of DUI. What it does do is it creates a rebuttable presumption in favor of the state so that when they prosecute you, if you proceeded to trial, they can actually start by telling the jury, "You should presume that this person was impaired."
Now, obviously, if one or both of your breath readings were below the legal limit, you don't have that presumption to worry about and it gives you a little bit more of a fair fight. Like every other criminal charge you're still presumed innocent but it's more than that. The breath reading of an Intoxilyzer 8000 is but one shred of evidence in what is an overwhelming universe of evidence in any DUI case.
That's why you should call our office to make sure you understand what your options are and don't hurriedly accept a plea deal that maybe is not in your best interest.