Can you get a DUI if your BAC is below the legal limit?

It’s natural to associate a DUI charge with the concentration of alcohol in a driver’s blood at the time of the arrest. However, most drivers may not realize that blood alcohol concentration (BAC) is not the only metric used to determine DUI charges. 

Did you know that, in the Sunshine State, you can get in DUI trouble even if your BAC is below the legal limit? Understanding how and why this can happen is crucial, especially if you occasionally consume alcohol. 

The legal threshold and beyond

Florida Statute 316.193 stipulates that you can get into DUI trouble if you’re found behind the wheel while your normal bodily functions have been compromised by a substance you consumed. Of course, a BAC of 0.08% creates a presumption of impairment. However, it is not the only criterion that law enforcement may use to determine if you were driving under the influence. 

This means that even with a BAC below 0.08%, you can still get in DUI trouble if other evidence suggests impairment. These include: 

• Erratic driving behavior 
• Failing field sobriety tests 
• Slurred speech 
• The smell of alcohol 
• Admission of alcohol or drug consumption 

The arresting officer’s observations and bodycam footage may also play a critical role in supporting the charge. 

Zero tolerance and special cases

Suppose you’re a driver under the age of 21; you should know that the Sunshine State’s zero-tolerance policy applies to you. A law enforcement official can charge you with a DUI if your BAC is 0.02%, and your driving privileges may be suspended. Additionally, if you’re a commercial driver, you can get in DUI trouble with a BAC of 0.04% while operating a commercial vehicle.

The role of chemical impairment

Another important element is the presence of drugs or a combination of drugs and alcohol. Many DUI arrests involve drivers with BACs below 0.08% who are nonetheless impaired due to prescription painkillers or other substances. Florida law allows for DUI charges based on any substance that impairs a driver’s faculties—not just alcohol.

Yes, you can get in DUI trouble in the Sunshine State even if your BAC is below 0.08%. The law focuses not just on the number but on impairment. If you find yourself in DUI trouble with a BAC below the legal limit, hands-on legal guidance can help minimize your penalties.