On Tuesday, May 14, 2013, the National Transportation Safety Board announced a proposal to lower the nationwide legal blood alcohol content (BAC) limit from .08 percent to .05 percent. The goal is to reduce the nearly 10,000 alcohol-related driving deaths each year.
If this change is adopted, it could drastically alter how DUI laws are enforced—especially in states like Florida. A lower threshold means many drivers could be over the legal limit after just one drink, even if they don’t feel impaired. For anyone behind the wheel, this highlights just how important it is to understand your rights and consult a qualified DUI lawyer in Tampa if you’re arrested for driving under the influence.
Currently in Florida, the legal BAC limit remains at .08. However, our firm has seen countless cases in the Tampa Bay area where drivers are arrested even when they blow under the legal limit. That’s because in Tampa, officers don’t administer breath tests at the scene—they often make arrests based on field sobriety tests and the mere odor of alcohol. Drivers are frequently shocked to learn they’ve been arrested only to later blow a .000.
What this means is that just because you are arrested for DUI, all hope is not lost. Even if your blow is over the limit, there are still many defenses available. For example, was your breath over the limit at the time of driving, or did your body continue to absorb alcohol while you were transported to the breath test machine, causing your BAC to read higher than it actually was at the time of arrest?
If you or a loved one has been charged with DUI, call Taracks & Associates today at 813-281-2897. Our team includes five experienced criminal defense lawyers who have a proven track record of fighting DUI cases across Florida. Call us today for a free, confidential consultation at 813-281-2897.
Taracks & Associates – The Advocate For You.