The man, James Henderson, was first arrested for public intoxication when he was found passed out in a ditch. His Blood-alcohol level was an astonishing 0.552%! This is amazing as it is generally thought that death can occur when the BAC gets in the high 0.200s or 0.3. You generally fall into a coma if your BAC reaches around .400. What makes the story more interesting is that not only did this man make a full recovery but he was again arrested on a disorderly intoxication charge. That time he had a .297!
As a St. Petersburg DUI defense lawyer, I have often been asked to explain BAC and what the limits are in Florida to be convicted of a DUI. BAC (Blood-alcohol content or sometimes breath-alcohol content) is basically measured as a percentage of alcohol in a person’s blood.
Generally, in Florida a .08 BAC is considered impaired. This means that 1/8 of one percent of a person’s blood is alcohol, by volume. A BAC of .15 or greater is enough to give you enhanced DUI penalties. These penalties generally consist of enhanced fines, more jail time, and a breathalyzer machine being installed in your vehicle. You might be surprised but a .08 BAC often does not equal much alcohol. A slender woman may only need 1-2 glasses of wine before she reaches that limit!
Finally, just as you can be found not guilty with a BAC of .08 or higher, you CAN be convicted of a DUI or Driving under the influence, even if your BAC is below that standard. How a DUI suspect acts, looks, performs certain tests (field sobriety exercises, a subject for another blog) and dozens of other factors along with a potential BAC goes into determing if someone was driving under the influence…
The Clearwater-based Blake & Dorsten, P.A. lawfirm is here to assist you with all your DUI based needs. If you or a loved one need an experienced criminal defense attorney, call us now at 727.286.6141. Blake & Dorsten, P.A. handles criminal and personal injury cases throughout the Tampa Bay area including St. Petersburg, Pinellas Park, largo, Seminole and Gulfport.