Florida law, as set forth in Miller v. State Court, states that chemical test results are admissible in court to illustrate blood alcohol levels if police test a suspect for impaired driving within a “reasonable time” after that suspect is arrested. This is a fact-based statement and will be different in all cases. What about adults who have more than 0.08 g/dl in their bloodstream (or teens with more than 0.02 g/dl)? The blood alcohol level is defined as the amount of alcohol in your blood per 100 milliliters (ml) of blood. In Florida, the blood alcohol limit is 0.08 – meaning that anything above 0.08 ml of alcohol per 100 ml of blood is considered “under the influence”. If you are stopped and driving with a blood alcohol level above the legal limit, you will be stopped by Florida law enforcement for drunk driving. If you`ve already been charged, contact a Miami DUI defense attorney who has handled cases like yours before and will fight to protect your constitutional rights in court. What if, after dinner and a few drinks, you had the courage to drive home and were arrested by the authorities on suspicion of driving under the influence of alcohol? What if you were found to have high levels of alcohol in your blood? What happens if this happens in Florida? What should you do then? In the state of Florida and the rest of the country, a blood alcohol level of 0.08% or higher is considered intoxicated and therefore legally impaired to operate heavy machinery such as driving. Blood alcohol level is defined as the percentage of alcohol in your bloodstream at the time you take a field sobriety test. As you can see in the graphs on this page, the number of drinks needed to reach a particular blood alcohol level depends on several factors, such as your gender, weight, how quickly you consume beverages, and whether you consume enough food while drinking.

While these charts are a good general guideline, it`s always up to you as an individual, as each of us reacts differently to alcohol and other substances. The chart does not take into account your individual body composition, medication intake, mood swings, or personal metabolic rate. As a result, your blood alcohol level may actually be slightly higher or slightly lower than the chart for the number of drinks you consume. This happens with different blood alcohol levels: This law prohibits anyone 18 years of age or older from hosting a party in their residence and knowingly allowing a person under 21 to drink or drink alcohol. Violations of this law carry up to 60 days in jail. Under this law, a person can avoid criminal liability by stopping the party or taking other reasonable steps to prevent a person under the age of 21 from drinking or drinking alcohol. Florida courts have ruled that this law imposes a duty of care on social hosts and creates a civil lawsuit for violations. Alcohol enters the stomach and small intestine into the bloodstream in just 15 minutes. You get drunk when your blood alcohol level rises. Variables that can affect your blood alcohol level include weight, gender, age, water intake and food intake.

You can also sue a dram shop case if the driver was served alcohol in a tavern or bar before the ride. If the bartender could see that the driver was “usually addicted” and was still serving or serving someone under the age of 21, the tavern could be blamed. In a previous article, we discussed in a fairly scientific way the effects of alcohol on your body, ranging from small amounts to excessive. So you should already know how dangerous drinking and driving is. If you`re having a drink with your meal, take responsibility for your actions by taking an Uber or letting someone else who hasn`t drink drive you home if you think you`re too drunk to get behind the wheel. However, if you get into the habit of driving after “just” having a few drinks with your dinner and think it would be safe and legal, then it may only be a matter of time before you`re stopped and arrested for driving under the influence of alcohol, better known as DUI. As a reminder, driving under the influence can lead to: when alcohol is consumed, it is absorbed into the bloodstream and retains its chemical composition throughout. This alcohol is absorbed into the lungs and when you exhale, some of the alcohol also escapes into the air, emitting the acrid smell of alcohol that law enforcement officers check with chemical breathalyzers. In a place like Florida, where drinks are almost always available and almost every restaurant offers alcoholic beverages on their menus, it`s completely understandable that you, as a guest, would want to have a drink with your meal. To be convicted of a “per se” drinking and driving offense in Florida, the court must prove that your blood alcohol limit was above the legal limit when you were driving. (As a reminder, “per se” means that the prosecution does not have to prove your intent or state of mind; proof of your blood alcohol level is sufficient to establish that a crime was committed.) Many people who have been charged with drunk driving in Fort Walton Beach think they were sober enough to drive because they only had small amounts of alcohol.

The excuse “I only drank wine at dinner” had to be heard by the police at least a hundred times a month. While this may be true – while you`ve only had one drink, it might be pointless to argue with the authorities. The legal system is divided into two parts: criminal and civil. The Florida District Attorney would file criminal charges against the drunk driver, while you could potentially pursue your own case in civil court for damages. Here you will receive compensation in the form of economic damages, which include expenses such as medical bills, childcare, transportation costs, and loss of income. Then there is immaterial damage, which includes intangible things such as pain and suffering, loss of consortium, and psychological anguish. A person`s weight, tolerance to alcohol, what they ate before drinking, and even their stress and fluid levels can cause blood alcohol concentrations to vary greatly. The state can prove your blood alcohol level is weakened, but it`s worth noting that the state doesn`t have to “prove” you`re drunk, only that alcohol has affected your ability to drive properly. Most of us don`t know how different types of alcohol affect our blood alcohol level or blood alcohol level. That`s why we can go out and drink endless beers in the pub, but it only takes two shots to get us dancing.

Not knowing how different alcohols affect you can be very dangerous, so it`s helpful to understand how BAC works and how it relates to drunk driving laws in your state — in this case, Florida. In Florida, it is a crime to sell or provide alcohol to someone under the age of 21. Anyone who violates this law is liable to six months in jail and/or a fine of up to $500. Offenders who are not authorized to sell alcohol also face a three- to six-month driver`s licence ban for the first offence and one year for each subsequent offence.