Ramifications of blowing under the limit of .08 BAC?

In FL, you can be charged and found guilty of being impaired if you blow any amount.

I was on a jury where the lady blew .06 but the officer had video of the car slightly swerving. The lady had problems with her feet that made it impossible to walk a straight line or balance on one foot. I also knew the stretch of road she was driving. It had a lot of constuction and lane changes. As soon as we went in to deliberate. I asked if anyone thought they had proved their case. We all agreed she might have had a drink, but the state did not prove their case. we found her not guilty.

If the officer has other evidence to show that you were impaired, then you can still be convicted of DUI.

.08 is the level at which you are PRESUMED to be intoxicated. If there are other factors present, then you can be charged and convicted at a lower level of BAC.

As a side note: Depending on how poorly you did on the Field Sobriety Tests, I may have taken you to get blood drawn if you showed a BAC that was lower than it should have been. It's possible to be on other impairing drugs besides just the alcohol.

I have made several cases of DUI where people blew under the limit. Some were on drugs, some had a low tolerance to alcohol.

In my state if you blow between .04 and .08 you can still get a DUI if you fail the field sobriety tests. .08 is presumed intoxication, .04 is presumed sobriety.

In California...

Basically, between .05 and .08, your driving, your Field Sobriety Test results, officer observations and the JURY will determine if you were DUI.

Under .05 and the state says you're legit. See the state define it below.

23610 CVC.

Blood-Alcohol Level: Presumptions Affecting Burden of Proof

23610. (a) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person while driving a vehicle while under the influence of an alcoholic beverage in violation of subdivision (a) of Section 23152 or subdivision (a) of Section 23153, the amount of alcohol in the person's blood at the time of the test as shown by chemical analysis of that person's blood, breath, or urine shall give rise to the following presumptions affecting the burden of proof:

(1) If there was at that time less than 0.05 percent, by weight, of alcohol in the person's blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.

(2) If there was at that time 0.05 percent or more but less than 0.08 percent, by weight, of alcohol in the person's blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(3) If there was at that time 0.08 percent or more, by weight, of alcohol in the person's blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(b) Percent, by weight, of alcohol in the person's blood shall be based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(c) This section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.

Good question. I think they can't charge you though.