It is a standard law in all the states and cities, including Florida and Miami, that once a driver is tested and his or her blood-alcohol concentration (BAC) is above the set limit of .08%, the driver is then “per se intoxicated” or is proven to be intoxicated and no further tests nor proof is necessary since the result is already an evidence that the driver is driving under the influence.

A “zero tolerance” law is implemented on all states which covers all drivers who are under the set legal drinking age.  In Florida, any person operating a vehicle under the age of 21 and is proven to have a trace of alcohol or drugs in their systems, a blood-alcohol concentration above 0.02%, will be penalized.  This means that even if the driver, under the legal drinking age, has as little as 0.02% blood-alcohol concentration he or she will be penalized under the law.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

Once the evidence of impaired driving is clearly evident, the driver may be convicted and arrested for Driving Under the Influence without the need of “per se” intoxication.  For example, a law enforcement officer stops a vehicle due to the vehicle swerving badly on the road and inability of the driver to speak and respond properly to questions.  Even though the blood-alcohol concentration of the driver is low, as for example a .06% BAC level, he or she can still be arrested and convicted with DUI due to the obvious signs of intoxication.

If you or a loved one has been arrested or charged with driving under the influence in Miami, you need to speak with a Miami DUI Lawyer with Musca Law to discuss your rights.