Legal Question in DUI Law in Florida

Joseph P Vredevelt Miami DUI Lawyer Re: Dui

In Florida the legal limit is a 0.08 on a breath test. Anything .08 or above is per se evidence of intoxication (which may be rebutted through evidence). Anything less than a .05 is per se non-intoxicated. And anything between a .05 and .08 is a grey area; the State cannot use it as prima facea evidence of intoxication, however, you cannot use it as unrebuttable proof of non-intoxication. The State will most likely use other factors to show that even though you were under the legal limit, that your normal faculties were still impaired to the point that you should be convicted for a DUI. It depends on how bad the other evidence is. Most likely, the State will offer what is called a breakdown, which will require you to plead guilty to a reckless driving charge. In some cases this isn't a bad plea; but it depends on your case. Be cautious because even a breakdown for reckless driving will require you to pass a DUI school, which will remain on your record and have an affect on your insurance. Please consult with an attorney to discuss your case. Joseph P. Vredevelt, Esq. Best & Associates, P.A. http://www.305duilawyer.com. 305.670.3119