In the state of Florida, the standard for a DUI arrest and prosecution is one of two things; if someone has a blood alcohol level that is above the legal limit, which is .08, that is sufficient. Even if the blood alcohol level is below .08, if they can argue or show that your normal faculties were impaired, technically they can still prosecute a DUI. This is fairly common in a circumstance where there may be some combination of say drugs and alcohol, and in that spot, oftentimes they will request some sort of additional tests, such as blood or urine, to verify whether there are other intoxicants in someone’s system. In that spot, and I have over the years represented a number of folks who actually blew zeroes, who had no alcohol at all, yet they were still formally prosecuted for driving under the influence, because the state believed that their normal faculties were impaired in spite of the fact that they had no alcohol in their system.
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