In Florida, can you be convicted of DUI with a BAL below .08?

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In Florida, a person can indeed be convicted of DUI with a Blood Alcohol Level (BAL) below .08 if the evidence shows that their driving is impaired. This is an important aspect of DUI laws that emphasizes impairment over just the measurement of alcohol concentration. Even if a driver's BAL is under the legal limit, law enforcement and courts are focused on the actual behavior of the driver on the road.

For example, if a driver exhibits signs of impairment—such as swerving, inability to maintain speed, or other unsafe driving behaviors—law enforcement may determine that the driver is unfit to operate a vehicle, regardless of their BAL. This reflects the understanding that impairment can occur at different levels of alcohol consumption for different individuals. Thus, the focus is not solely on the numerical threshold, but rather on the impairment of the driver's ability to safely operate a vehicle.

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