When talking about DUIs in Florida, most people have heard the magic number of 0.08, and in Florida, if you blow a.08, I.e., if the breathalyzer shows a.08 number, or if your blood is tested or your urine is tested and the result is the same, there's sufficient evidence that you would be found to be impaired at the time of driving. However, what a lot of people don't know is if your result is between a .05 or a .08, a jury can consider that evidence along with other evidence to determine if you were DUI. Even if your level is below a .05, there's a presumption that you were not impaired at the time that you were driving, however, a jury can still consider other evidence to determine if you were impaired. So the bottom line is, even though there's sufficient evidence at a .08 and above, a prosecutor can still technically prosecute you even if your result is below a .08. What that means is you need to have an experienced criminal defense attorney handle your DUI case, so that we can get you the best result possible.
Jeffrey S. Weiner, P.A.