You can still be charged with a DUI even if you blow under .08. Florida’s DUI jury instruction states that DUI can be proven beyond a reasonable doubt one of two ways. Either you have a .08 blood breath alcohol content or the State proves that you were under the influence of alcohol to the extent your normal faculties were impaired. You also must have been driving at the time of the offense or in actual control of the vehicle.

Can Blowing Under a .08 Help My Case?

It’s possible. The State will be more inclined to reduce your charge to one of the following (not an exhaustive list).

  1. Wet reckless
  2. Careless driving
  3. Reckless driving

Call Dadan Law Firm at 772-579-0347.