What alcohol level constitutes DUI?
Under Florida law, a person over the age of 18 years is considered under the influence if he or she has a blood alcohol content (BAC) of .08% or higher and is in the physical control of a motor vehicle, whether the motor vehicle is being driven or not. A person with a BAC of .08% or higher is presumed to be under the influence and will be arrested. A driver is presumed not to be under the influence of alcohol with a BAC of under .05%, but could be charged, at the officer’s discretion, if his or her BAC is .05% to .07%. NOTE: THE PENALTIES FOR DUI FOR PERSONS UNDER 18 YEARS OF AGE, PARTICIULARLY STUDENTS, CAN BE FAR REACHING AND COMPLEX, AND WILL NOT BE ADDRESSED FURTHER HERE. CALL US FOR QUESTIONS REGARDING UNDER-AGE DRIVERS. Drivers of commercial vehicles who may be convicted of DUI often find themselves unemployable as drivers for insurance reasons.