Understanding the Legal Limit for Alcohol in Florida – Explained by Patrick McLain Law

On behalf of Patrick McLain Law | February 28, 2024
Driver opening an alcoholic beverage in a vehicle

Getting behind the wheel after consuming alcohol is a risk that many take. You may think you haven’t had enough to put you over the Florida legal limit for alcohol but if you get pulled over, the officer may consider you impaired.

The legal limit in Florida is 0.08% blood alcohol level (BAC); however, the police could arrest you even if you are below that limit if you appear too intoxicated to drive. If you get a DUI on your record, it will be there for 75 years.

In situations like these, you need a DUI lawyer who can provide you with comprehensive legal services and expert guidance throughout the legal process. Patrick McLain Law specializes in DUI cases and protecting people’s rights. This blog post delves into the legal blood alcohol limit in Florida along with the implications and consequences.

Definition of the Florida Limit for Alcohol

You are considered at the alcohol legal limit in Florida if your BAC is 0.08% or higher. Since alcohol affects everyone differently, some people may only be able to consume one drink while others may have a higher tolerance.

Your weight, what you eat before drinking, your level of hydration, and other factors can all affect your blood alcohol concentration. It is for this reason that you should always err on the side of caution when consuming alcoholic beverages. If there is any chance for you to be impaired, it is best to use a rideshare or have a designated driver.

Some medical conditions may give the impression that you are intoxicated when you are not. Fatigue may be another reason that your driving piques an officer’s interest. No matter what happens, you should contact our law office to discuss your case with a criminal defense attorney.

Consequences of Exceeding the Legal Blood Alcohol Limit in Florida

If you are driving at or above the Florida legal limit for alcohol and you get arrested, you will be charged with DUI. Remember, this charge can be applied if you are impaired or tests reveal your BAC to be 0.08% or above.

A first-time conviction of being over the Florida legal limit will result in fines between $500 and $2,000. You’ll also be ordered to serve 50 hours of community service and face up to a year of probation. Whether or not you serve time in jail is up to the court, which may offer the option to serve at a residential alcohol or drug abuse treatment program. If you are arrested for subsequent DUI offenses, the penalties will be even harsher.

Additionally, if your BAC is 0.15% or higher, the punishments will include higher fines, jail time, community service, and losing your driving privileges. It should also be noted that your driver’s license can be suspended immediately after your arrest before you even appear in court. You can submit a request to have an administrative suspension review, and it will help to have an experienced attorney from our law firm on your side.

How Patrick McLain Law Can Help You with DUI Charges

Ideally, the best way to avoid a DUI conviction is to stay out of the driver’s seat when you have been drinking. However, many people are arrested for DUI charges when they are not intoxicated. There are other legal strategies that may apply in your case as well.

Our experience and successful track record representing those who have DUI charges ensures you’ll have an attorney who will stop at nothing to protect your rights. Contact Patrick McLain Law now for a free initial consultation about your DUI case.


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