Florida law no longer uses the term "drunk
driving". If a person is driving with an unlawful blood/breath alcohol
level over .08% they are presumed to be impaired by alcohol, and thus being
"drunk" is not an issue. Additionally, if a person is driving under
the influence of alcohol or a controlled/chemical substance to the extent that
their normal faculties are impaired, they too could be convicted of DUI. So,
there are really two ways to be convicted of DUI in Florida.
Generally, one drink will not yield a breath test result
over a .08%, unless the drink was a 20 oz. Long Island Iced Tea (5 shots of
liquor). However, every person has different levels of tolerance to alcohol. In
that regard, while the breath test result won't be over the legal limit, the
person's normal faculties may still be "impaired" by alcohol.
If you've been arrested for DUI, then you need to call my firm for
tough representation.
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