What Is the Presumptive Bac Limit for Impairment in Florida

What Is the Presumptive BAC Limit for Impairment in Florida?

In Florida, as in most states, driving under the influence (DUI) is a serious offense. The state has established a legal blood alcohol concentration (BAC) limit to determine impairment for drivers. BAC is a measure of the amount of alcohol in a person’s bloodstream, and it is used to determine if someone is too impaired to operate a vehicle safely.

The presumptive BAC limit for impairment in Florida is 0.08%. This means that if a driver has a BAC of 0.08% or higher, they are presumed to be impaired and can be charged with a DUI. However, it is important to note that even if a driver’s BAC is below 0.08%, they can still be charged with a DUI if their ability to drive is impaired by alcohol or drugs.


1. Can I drink and drive as long as my BAC is below 0.08%?
No, even if your BAC is below the legal limit, you can still be charged with a DUI if your ability to drive is impaired.

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2. What happens if I am caught driving with a BAC above 0.08%?
If you are caught driving with a BAC above 0.08%, you can be charged with a DUI, which carries penalties including fines, license suspension, and possible jail time.

3. Are there stricter BAC limits for certain drivers, such as underage or commercial drivers?
Yes, there are stricter BAC limits for underage drivers (under 21 years old) and commercial drivers. For underage drivers, the BAC limit is 0.02%, while for commercial drivers, it is 0.04%.

4. Can I refuse to take a breathalyzer or blood test?
Refusing to take a breathalyzer or blood test can result in an automatic license suspension and may be used against you in court.

5. How long does alcohol stay in the bloodstream?
The time it takes for alcohol to leave the bloodstream varies depending on factors such as weight, metabolism, and the amount consumed. On average, it takes about one hour for the body to metabolize one standard drink.

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6. Can I be charged with a DUI if I am under the influence of drugs?
Yes, you can be charged with a DUI if you are impaired by drugs, whether they are illegal drugs or prescription medications.

7. What are the penalties for a DUI conviction in Florida?
Penalties for a DUI conviction in Florida can include fines, license suspension, probation, mandatory alcohol education programs, and even jail time, depending on the circumstances.

8. Can a DUI conviction affect my insurance rates?
Yes, a DUI conviction can result in increased insurance rates, as you may be considered a high-risk driver by insurance companies.

9. Can I apply for a restricted license after a DUI conviction?
In some cases, you may be eligible for a restricted license that allows you to drive to work, school, or other necessary activities during your license suspension period.

10. Can I fight a DUI charge in court?
Yes, you have the right to challenge a DUI charge in court with the help of an experienced attorney.

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11. Are there any alternative programs for first-time DUI offenders?
Yes, some first-time DUI offenders may be eligible for diversion programs or treatment programs instead of facing traditional penalties.

12. Can I have my DUI conviction expunged from my record?
No, in Florida, a DUI conviction cannot be expunged or sealed from your criminal record.