Driving under the influence of alcohol is illegal because it significantly impairs the ability to operate a vehicle safely. However, this doesn’t mean having a drink automatically violates the law. If you’ve had one drink and your driving remains unaffected, you are unlikely to be suspected of DUI. That said, impairment can happen at different blood alcohol concentrations (BAC) depending on the individual. While 0.08 is the legal limit for most drivers, some people may show signs of impairment at lower levels. If your driving is noticeably impacted, it could draw the attention of law enforcement, regardless of your BAC.
BAC, or blood alcohol content, is the amount of alcohol present in 100 milliliters of blood. In the U.S., the legal BAC is 0.08, meaning there are 80 milligrams (0.08 grams) of alcohol in 100 milliliters of blood. At this level, a person is considered “legally intoxicated,” and above this level, they’re considered “very impaired.” However, if you’re stopped under suspicion of DUI and submit to a breath test—and you blow below a 0.08—that doesn’t necessarily mean you’re off the hook. Even if a breathalyzer test shows a BAC below the legal threshold, you can still face DUI charges based on other factors, such as officer discretion and signs of impairment. The legal blood alcohol limit is set at 0.08, but individuals can still face DUI charges if their driving ability is deemed impaired, regardless of their blood alcohol content.
Alcohol Crash Fatalities are Declining Around the Country
When a police officer suspects a motorist of driving under the influence, they will initiate a traffic stop and conduct a series of tests to confirm their suspicions. Traffic officers are dedicated to removing impaired drivers from the road to prevent accidents and protect public safety. To support these efforts, police departments allocate substantial resources annually to traffic enforcement programs aimed at reducing injuries and fatalities.
While traffic deaths due to drunk driving are decreasing nationwide, impaired driving continues to claim thousands of lives annually. In Florida, there were 5,079 alcohol-related traffic crashes in 2023, resulting in 330 fatalities. This represents a continued downward trend in fatalities, with some attributing the decline to several factors:
- Increased awareness of the dangers of drinking and driving through campaigns and education.
- A rise in alternative transportation options like rideshare services.
- More young people live in urban areas where cars are less necessary for daily life.
It’s also reasonable to assume that many accidents were avoided because of officers’ diligence and dedication to conducting DUI investigations. However, individuals still face serious consequences when charged with DUI charges, including fines and potential jail time.
What Does it Take to Get Arrested for Drunk Driving?
An arrest for DUI can feel like a domino effect. Once an officer observes erratic driving behavior and pulls you over for investigation, the situation can quickly escalate toward a DUI charge if sufficient evidence is gathered. However, this outcome is not guaranteed, as the circumstances and evidence play a critical role in determining the next steps.
Many people assume they must fail a breath test by blowing 0.08 or higher on a breathalyzer to be arrested for DUI. The reality is that anyone who shows signs of impairment can be arrested and have their license confiscated, regardless of their BAC.
Generally, you will be charged with DUI if the following takes place:
- You fail a breath or blood test with a BAC at or above 0.08
- Police believe your behavior and actions behind the wheel are a threat to yourself or other drivers
A BAC of 0.08 or higher is considered a per se DUI, meaning the breath or blood test result alone can establish that you were driving under the influence. However, officers can also use their judgment to make an arrest if your BAC is below 0.08, but your behavior suggests impairment. A DUI conviction carries serious consequences, including fines, jail time, and license suspension, with penalties varying depending on the driver’s BAC and any prior offenses.
What Kind of Driving Behavior and Field Sobriety Tests Can Get You Pulled Over for DUI?
Police officers do not have the authority to stop any driver simply because they want to; instead, they must have reasonable suspicion that a driver is breaking the law. Signs of intoxicated driving provide visual cues that alert an officer to a possible DUI situation before the driver is ever approached.
Some of these cues include:
- Weaving within a lane
- Having trouble staying in one lane
- Swerving
- Turning too widely
- Drifting
- Difficulty stopping
- Varying speed
- Driving below the speed limit
- Going the wrong way on a one-way street
- Not using headlights
- Failing to signal turns or signaling the wrong direction
- Following cars too closely
After police stop a driver, they may issue tests at the side of the road to confirm their suspicion of DUI. These tests may include hand-eye coordination tests and field sobriety tests. Depending on the suspect’s performance, they may be arrested and taken to the police station to blow on an Intoxilyzer 8000, the only machine whose results may be used as evidence in court.
How People Get a DUI with a BAC Below the Legal Limit
You can face a DUI charge even if your BAC is 0.08 or lower if you exhibit signs of impairment. In some cases, individuals may receive a DUI after blowing below 0.08 due to the combined effects of alcohol with other substances or medications, which can impair their ability to drive safely. Commercial drivers who drink and drive can get a DUI for blowing 0.04 or higher. They may lose their commercial licenses for DUI.
Additionally, if you blow close to 0.08, there is a possibility of being charged with a DUI. Prosecutors may argue that your BAC was above the legal limit before the officer stopped you. However, this is not definitive, and a skilled DUI lawyer in the West Palm Beach area can challenge such claims effectively.
Anyone with a BAC below 0.08, whom prosecutors show was impaired, can be convicted of DUI, leading to a driver’s license suspension. Even individuals who legally consume medical marijuana may still face DUI charges if law enforcement perceives their driving to be impaired. It is crucial to hire an experienced DUI defense attorney to navigate these complexities and minimize potential consequences.
Where to Find an Experienced DUI Defense Attorney in Palm Beach County
When your future is on the line because of an alcohol offense, you should only rely on an attorney who has proven himself in court. A DUI conviction can lead to a permanent criminal record, affecting various aspects of your life. Criminal Defense Attorney Brian Gabriel has more than 30 years of experience providing competent legal defense for people facing alcohol charges in West Palm Beach and surrounding areas. He will handle your case using all the knowledge and skills developed over the span of his career. Additionally, he has vast experience in the functions of BAC tests and extensive knowledge of issues regarding the Intoxilyzer 8000, making him well-versed in handling DUI cases.
When you discuss your case with Criminal Defense Attorney Brian Gabriel, he will dive into the facts and find potential weaknesses in the prosecution’s case against you. In some cases, it may be possible to have your charge dismissed before appearing in court. For some first-time offenders and all repeat offenders, an ignition interlock device may be required, which prevents the vehicle from starting if alcohol is detected. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.