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Blood Alcohol Content in Florida

After a blood-alcohol test is administered, the individual who was forced to take the test is said to not be under the influence of alcoholic beverages if the blood-alcohol test reveals his or her blood-alcohol level to be 0.05 or less. If this is the case, then the individual is said to not have his or her normal faculties impaired and is not under arrest for driving under the influence.

If the blood-alcohol level test reveals the individuals blood-alcohol level to be between 0.05 and 0.08, then the police officer will use his or her best judgment to determine whether the individual should be arrested for driving under the influence of alcohol. To determine this, the police officer will look at other characteristics of the individuals driving and/or behavior pattern(s) and come to a conclusion about the safety posed by the individual to his or herself and others behind the wheel of a motor vehicle.

If an individual registers a blood-alcohol level test of 0.08 or higher on a blood-alcohol level test or a breath-alcohol level test, the individual has a BAC that is beyond the legal limit. A person who is in control of a motor vehicle while having a BAC of 0.08 or higher is said to be driving under the influence of alcohol and will be penalized with a DUI and punished accordingly.

However, the presumptions made in this statute are not exhaustive and other relevant evidence can be submitted to the record of a person’s blood-alcohol level.


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