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What should I do if I'm arrested for DUI with a BAC below 0.08 percent?

Florida DUI defense attorney

It's illegal to drive with a blood alcohol concentration (BAC) level of 0.08 percent or more in Florida. It's dangerous to think that you can't be arrest if your BAC is below the legal limit, however. This isn't always the case.

Police can make arrests in some situations, even if the evidence is inaccurate. An experienced DUI defense attorney can help you fight the charges if you were arrested.

All roadside DUI tests aren't accurate

Field sobriety tests are a common way for police to observe the physical coordination of a suspected drunk driver. Not everyone can perform them, however. People with certain disabilities or injuries may have a difficult time performing the walk-and-turn or one-leg stand. You can refuse to take the field sobriety test, but doing so could count against you in court.

Police often administer breath tests prior to an arrest. Police will ask you to blow into a breathalyzer, which will determine your BAC level. These devices have yielded several inaccurate BAC results. Judges even threw out some cases as a result. You can turn down a breath test in Florida, but you could face a license suspension of 12-18 months. If you choose to do so, you should consult with an experienced Clay County DUI defense attorney as soon as possible to get your driving privileges back.

Aggressive holiday enforcement

There are several holidays where drinking is a tradition for many people, including:

  • St. Patrick's Day
  • Memorial Day Weekend
  • Independence Day
  • Labor Day Weekend
  • Thanksgiving
  • Christmas
  • New Year's Eve

Between 15-20 checkpoints are conducted each month throughout Florida, according to the Governors Highway Safety Association. Sobriety checkpoints are often set up in various locations around holidays. Drivers who don't encounter checkpoints may be followed by police, especially when driving late at night or during the early morning hours. Any minor infraction can result in a traffic stop.

'Noticeable impairment'

Some people have a lower tolerance to alcohol, which can increase the likelihood of being noticeably impaired. Other factors may include fatigue, use of prescription medication, or suffering from a medical condition or disability.

If you were arrested and charged with DUI in Florida, it's critical that you assert your legal rights. Consult with an experienced DUI defense attorney at Aguilar & Sieron. Our attorneys have been helping people throughout Clay County fight DUI charges since 1987. Contact us online to find out how we can help you.

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