According to the National Safety Council, an accident risk of 0.05 BAC is still 38 to 40% higher than at a zero alcohol concentration. The risk of being involved in a fatal accident is also at least 7 times higher than drivers without alcohol in their system. There is currently a debate in which a large percentage of people are in favor of lowering the illegal blood alcohol level from 0.08 to 0.05 in the United States. Here`s why: South Carolina`s DUI law allows you to be sentenced to a level of just 0.06. The reason people refer to .08 as a “legal limit” is that the DUI law allows the jury to conclude that you have been compromised at this level. Of course, they don`t have to – we`ve had clients who have been acquitted at twice the level. Blowing a .08 or higher is a rebuttable presumption that you are under the influence and, as such, can be charged. A driver can blow below the legal limit of 0.08% and be stopped for drunk driving in the Commonwealth of Virginia. There are different types of DUIs in Virginia, and in some of them, you can be arrested while you are under the legal limit. If you have been arrested because you are suspected of drunk driving in Florida, have performed sobriety exercises, but refused to breathe, you will be arrested and taken to a blood alcohol testing facility (B.A.T) to perform chemical tests based solely on the opinion of the officer who stops you on whether or not you feel weakened. Once in detention for drunk driving, it doesn`t matter if you blow above or below the legal limit – you`ve already been arrested. Even if you blow below the legal limit of 0.08, you cannot become “unharmed”. At the very least, you`ll spend at least 8 hours in jail after being arrested in Florida DUI.
Every state in the U.S. has a legal blood alcohol limit of 0.08, but most people probably don`t know that you don`t have to blow 0.08 on a breathalyzer test to be convicted of drunk driving. Drivers with lower blood alcohol levels can be prosecuted and convicted if law enforcement can prove they were too impaired to drive when they stopped. While most of us know that it is illegal in Florida to drive with a blood alcohol level of 0.08% or higher, there are still countless myths associated with DUIs in this state. A misunderstanding of an impaired driving charge can, at the discretion of the court, lead to serious consequences such as heavy fines, community service, probation and even imprisonment. If you or a loved one has been arrested for driving under the influence of alcohol, our DUI defense attorney in Palm Beach County is available to discuss your case and begin building a defense. Another way to be overwhelmed by drunk DRIVING, even if you`re blowing below the legal limit, is if you have both alcohol and drugs in your system. For example, you may have only drunk a few beers. If so, you`ll probably blow below 0.08. But if you have drugs or prescription drugs in your system, combined with alcohol, you can still be charged and convicted of drunk driving if the police and prosecutor can prove that the combination of drugs/drugs and alcohol caused you to be under the influence of alcohol. Have you ever heard of a “low blow”? While the traditional definition can mean anything from hitting your opponent under the waist to unsportsmanlike behavior, it also means you`ll fall below the legal blood alcohol limit of 0.08 on a blood alcohol test. You may think that if you blow under 0.08, you`re safe if you`re arrested because you`re suspected of driving under the influence (DUI), but these low blows earn some people a conviction for drunk driving in places like Washington State and Oregon.
Under Virginia law, if you drive with a blood alcohol level above 0.08%, the judge may find that you are guilty of the DUI. But if you blow below 0.08%, the judge can still conclude that you are under the influence. It`s just harder for the judge to do it. Simply put, even if you`re below 0.08%, you`re still not allowed to drive while you`re drunk. You are not automatically considered “sober” if you are below 0.08%. Matthew Konecky`s law firm handles driving under the influence (DUI) cases in Palm Beach County, Palm Beach Gardens, West Palm Beach, Wellington, Boca Raton, Jupiter, Boynton Beach, Delray Beach, Loxahatchee, Royal Plam Beach, Riviera Beach, Lake Worth, Greenacres and all of Broward County. A recent conviction in Portland, Oregon, is a great example of a driver who thought he would walk away from a drunk driving conviction. One resident failed three field sobriety tests and answered his cell phone when he spoke to officers, but he only blew 0.07 on the blood alcohol test.