Blood Alcohol Level and the Presumption of Impairment in Miami Criminal DUI Cases: What You Need to Know

One of the terms that many Miami residents and drivers have likely heard throughout their lives when it comes to Florida criminal laws and driving motor vehicles in the state is the term “blood alcohol content.” Indeed, from television public service announcements to non-profit mission statements, and from billboards to true crime shows, “blood alcohol content” is certainly a popular term in criminal law. But what exactly is it, and what does it mean? To help Miami residents and drivers better understand what blood alcohol content means under Florida criminal laws, and how to get help if they are charged with a DUI due to their BAC level, we answer those questions here.

BAC Level – What Is It?

According to the experts at the Cleveland Clinic, blood alcohol content, or “BAC,” refers to “the amount of alcohol in your blood that develops from drinking beverages that contain alcohol. Levels can range from 0% (no alcohol) to over 0.4% (a potentially fatal level).” When a person is pulled over for suspected drunk driving in Miami, a Miami law enforcement officer may conduct a breathalyzer test on a suspected drunk driver, in order to determine their BAC level. The reading of the BAC level may determine whether the suspected drunk driver is charged with a DUI or not.

Miami Criminal DUI Laws and BAC Levels

Under the 2024 Florida Statutes, “If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Moreover, such a person who has a blood-alcohol or breath-alcohol level of 0.08 or higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an unlawful blood-alcohol level or breath-alcohol level.” What this means is that if a suspected DUI driver blows a 0.08 BAC level or higher when they are breathalyzed, they are presumed to have been driving while intoxicated, and may be charged with a DUI. However, importantly, also under the law, “If there was at that time a blood-alcohol level or breath-alcohol level in excess of 0.05 but less than 0.08, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.”

Getting Legal Help with Your DUI Case in Miami – Miami DUI Attorney

If you are in the Miami area and you need legal help defending DUI charges against you, contact the experienced Miami DUI attorneys at AsiliA Law Firm. Contact AsiliA Law Firm today and speak to a lawyer about your case now.