Can a person be guilty of drunk driving in Florida if they only had one drink?

Whitney S. Boan Protecting Your Right

Video Transcript

The standard in Florida for driving under the influence of alcohol to the extent your normal faculties are impaired, or if your blood alcohol level is above a 0.08, is that in theory, yes. You could have one drink and be guilty of the offense. However, I don’t find that to be likely. What’s more likely is that it’s more of a gray area, where you should talk with a lawyer about it to see did this police officer make a subjective determination and decide that I was impaired, even if I’d only had one drink, or did the police officer do something wrong? Was the breath test that I submitted to improperly approved and therefore not admissible in a court of law? Having one drink in and of itself can’t make somebody guilty of driving under the influence of alcohol. However, it could be a factor that would go into several other factors in determining the strength or weaknesses of the State’s case against you for DUI.