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Things to Know About the Legal Limit for Alcohol in Palm Beach Gardens

— December 7, 2022

It can be difficult to know exactly how much a person’s blood alcohol will increase from an alcoholic beverage.

Palm Beach Gardens, FL – The state of Florida has passed laws that contain serious penalties for people who operate motor vehicles after using drugs or alcohol. A conviction can include the loss of a driver’s license, fines, probation, substance abuse treatment, and jail time. The ability for the state to prove their case can vary greatly based on the results of a test for the presence of alcohol. The suspect has the option to refuse and face DUI refusal charges, or the sample may reveal how much alcohol the person consumed at the time of arrest.  

When is a person legally intoxicated in Florida?

Consuming alcohol will start to raise a person’s blood alcohol concentration. The legal limit for alcohol consumption in Florida is a blood alcohol concentration of .08. The driver of any commercial vehicle such as a semi truck or bus can only have a blood alcohol concentration of .04 before they are considered legally intoxicated and can be prosecuted. People who operate boats or watercraft can be arrested with a boating under the influence charge if they are intoxicated. 

How much alcohol can cause a person to reach the legal limit?

It can be difficult to know exactly how much a person’s blood alcohol will increase from an alcoholic beverage. Some people may be at or above the limit from just a couple of drinks, while others who have more body weight, better alcohol tolerance, or a faster metabolism can have several more drinks before reaching .08. It can also be difficult to calculate this amount depending on the serving sizes of drinks and type of alcohol consumed. Even police officers in Florida do not take a breath sample until after a person is arrested, so they are making a judgment based on the person’s attitude, appearance, and demeanor during a traffic stop.

Police in Connecticut administer the one leg stand test to a driver after a crash. Photo by Versageek, courtesy of Wikimedia Commons. CC BY-SA 3.0

What if the driver is suspected of using controlled substances instead of alcohol?

After an arrest, police have the ability to request a chemical test of the person’s urine for certain controlled substances. The presence of any illegal drugs in the sample can be introduced as evidence by the state in the same way that a breath test is used during a criminal case. 

Drunk driving defense in Palm Beach Gardens

The Law Offices of John Olea has decades of experience successfully representing clients in DUI cases and other matters in South Florida. Anyone who needs to meet with him can schedule a meeting for advice. is a service that helps people find the right lawyers in their city. People who are currently searching for a legal professional can call 800-672-3103 for advice.

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