Every state in the country has legislation that makes it a crime to drive while you are impaired. In Florida, this means that the prosecution can either show that you were actually impaired or, alternatively, that you had a blood alcohol content of at least 0.08% percent. If your BAC is 0.08% or higher, Florida law presumes that you were intoxicated. Even if you felt fine, the Tampa DUI lawyers at Musca Law want you to know that you are automatically considered to be intoxicated once your BAC reaches that level.
But what if you are under the influence of a substance other than alcohol? Although there is no set level at which Florida law presumes intoxication from anything besides alcohol, Tampa DUI attorneys find that law enforcement officers make arrests even if alcohol does not appear to have played any role. For example, a law enforcement officer could conclude that your slurred speech and odd behavior make you unfit to drive and arrest you on suspicion of driving under the influence. A blood test could reveal the issue - illegal drugs, in some cases.
Another possibility is that a Tampa area law enforcement official could pull over your car because you were swerving or otherwise appeared to be engaging in unsafe driving practices. After administering a breath test and determining your blood alcohol content is 0.05%, he can still administer field sobriety tests to evaluate your impairment. If you fail, he may arrest you even though your BAC was lower than 0.08%. At your criminal trial, the prosecution will introduce evidence, such as the police officer's testimony, that your driving was erratic and that you failed the field sobriety tests. If the police collect a blood sample, as well, they may be able to determine if you were under the influence of alcohol as well as another substance. Even if the other substance is legal, it could still have an effect on driving. Taking some allergy medicines, especially with liquor, could make you groggy and too impaired to legally drive.
If you have been arrested for driving under the influence, contact the Tampa DUI defense lawyers at Musca Law.
A video of a field sobriety test is below:
