Orlando and Seminole County DUI attorney Corey Cohen and Blood Alcohol or Breath Alcohol Content
Under the Law in Florida anyone who is driving a vehicle and has a blood alcohol or Breath Alcohol level of .08 or higher is presumed to be impaired and guilty of DUI. As an experienced DUI defense attorney I know this is not always the case. Many times I defend people who have a much higher blood or breath alcohol level and are able to win the case. The .08 is only a presumption that you are impaired and keep in mind that everyone has different tolerances to alcohol and while one person may be impaired after one drink another person may have 4-5 drinks and still have all their normal faculties in place.
In Florida if you blow a .15 or higher you are subject to enhanced penalties which include higher fines, a longer suspension of your license and potentially more jail time.
If your breath or blood results are .05 or less than it is presumed that you are not under the influence to the extent your normal faculties are impaired by alcohol. This does not mean you cannot still be arrested for DUI. However, you have a great defense and a very winnable case at trial.
You may be able to get the Breath and Blood Results Thrown Out
Under certain circumstances the results of the breath and blood test may be inadmissible in court and the Jury may never hear them. These are very complex issues and it takes an experienced DUI attorney to know how to attempt to get the breath and blood results excused from evidence and thrown out.
Florida also has a Zero Tolerance for Drivers under 21
What this means is that if you are under 21 and get stopped by law enforcement and have a blood alcohol level of .02 or higher you will automatically have your drivers license suspended for 6 months. The .02 limit really means that you cannot have a single drink and drive.
As a former Public Defender and State Prosecutor I have personally handled hundreds of DUI cases and know the winning strategies to give you the best chance at trial. If you have been asked to submit to a blood or breath test and have any questions about your results please call the Law Office of Corey Cohen, P.A. at 407-246-0066 or you may email me your questions at corey@coreycohen.com
Learn more about you can get your breath results thrown out from a DUI attorney at the Law Office of Corey Cohen, P.A. Call now for a free consultation.
