Blood alcohol concentration (BAC) refers to the concentration of alcohol in the blood. It is usually expressed as a percentage and is used to determine whether a driver is legally intoxicated. BAC will depend upon several factors: body weight, metabolism, rate of alcohol absorption into the bloodstream, and the amount and rate of alcohol ingestion.

BAC tests, particularly portable breath tests, are not always reliable and may not hold up in court. That is where the DUI (driving under the influence) and BUI (boating under the influence) defense attorneys at LeavenLaw come in. We will review all aspects of your case, including the events leading to and that occurred during your BAC test – and will determine whether your rights were violated.

Florida BAC Laws

What does your BAC have to do with DUI and BUI charges? If your BAC is found to be .08% or above, you are considered to be legally intoxicated and can be charged with a DUI or BUI. If your blood alcohol concentration is .15% or above, increased penalties are enforced. Florida also follows a “zero tolerance” law: if you are under 21 and are found driving with a BAC of .02% or above, you will be arrested for driving under the influence.

The percentage of your BAC and your age, as well as prior convictions, property damage or bodily injury, will make the difference between whether you are charged with a misdemeanor or a felony and how severe your penalties will be.