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What happens if I provide a breath sample, but it is under a 0.08? Will I go free?

No. Contrary to a common misconception, Florida does not have a “legal limit.” Rather, a person is guilty of a DUI if they are driving (or in actual physical control) a motor vehicle and had a breath-alcohol level of .08 grams of alcohol per 210 liters of breath OR “was under the influence of alcoholic beverages… to the extent that his or her normal faculties were impaired.” Therefore, a person CAN be convicted of a DUI even if they blow below a 0.08. However, if the driver blows below a 0.08, their driver’s license will not be administratively suspended. If a driver blows a 0.08 or above, their driving privileges will be administratively suspended for six months, and they will be ineligible for a hardship license for a period of 30 days.

Posted on: 15 Nov, 2016