Legal matters involve lots of questions. This is natural, because most people accused of a crime have never been in this position before. It is common for a defendant’s instinct to be to try and figure out what expect, so preparations for a successful defense can be made. Every case is different, but many of the questions asked the most are the same.

In Florida, the law defines DUI as driving with a blood alcohol content of 0.08% or higher. The five most frequently asked questions about this law include:

  • What exactly is BAC? The answer is that BAC is the scientific term for showing the percent of alcohol that is in your blood. When you drink alcoholic beverages, a portion of the alcohol content enters your bloodstream and is referred to as your BAC.
  • How is BAC determined? The answer to this question requires scientific reasoning. When you are pulled over and suspected of driving while intoxicated, the police will ask you to submit to a test to determine if you are over the legal limit. The problem with these tests, especially the breath test, is that it can yield a false positive.
  • How can I challenge the breath test? This question is probably the most frequently asked, and the answer may just be the difference between a favorable and an unfavorable outcome. You should perform a thorough investigation into the testing procedures and the status of the testing equipment itself in order to determine if the test was valid.
  • Will I go to jail? While the question of how to challenge test results may be the most common question, wondering if you will go to jail is probably the most common worry. The answer depends on the facts of your case, and whether this is a first offense or if you have been charged before. The answer also depends on the BAC level, and whether an accident took place.
  • Will I lose my license? The answer depends on how quickly you act after the arrest. If you fail to request a review of your license suspension on time, the chances are high you will lose the right to drive. On the other hand, if you meet the strict timeline in place, you will likely be given at least a modified license.


A quick glance at these FAQ’s shows the answers generally depend on the particular circumstances surrounding your DUI case. We can help answer your questions, depending on the facts of your case. Call us today to learn more.

If you have been arrested for DUI, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.