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You do not need to blow a .08 to get a DUI

One of the most common misconceptions about drunk driving is that .08 is a magic number. People believe that if you have a blood alcohol level below that number, the police are unable to charge you with a DUI. But, the law is more flexible than you think.

Florida law is clear: if you an officer pulls you over and you are visibly impaired, you can also be charged with a DUI. There are many ways for officers to determine if you are visibly impaired, including through sobriety tests.

Common sobriety tests

There are many types of field sobriety testing, and you may even have seen an officer conducting them. Some common tests include:

  • Being able to walk in a straight line
  • Balancing on one leg
  • Counting backwards or reciting parts of the alphabet
  • The horizontal gaze nystagmus (HGN) test

These tests have issues. Many people with chronic inner ear issues, vertigo, cognitive impairment or other physical inability struggle to pass these tests under regular circumstances. The HGN test looks for jerky pupil movements to indicate intoxication but can be an issue for individuals with a variety of eye disorders. This is why officers will often use more than one test.

Disputing a DUI

Because sobriety testing is often subjective, there is room to dispute your charges. You will need a full understanding of the tests used in your case and clear exonerating evidence, but it can be done.

Alex Hanna was named Top 100 Criminal Defense Lawyer (2016) by The National Trial Lawyers.

Alex Hanna is rated a Premier DUI Attorney by the American Association of Premier DUI (2016).

Alex Hanna was named Traffic Lawyer of the Decade (2010) by the Minority Chamber of Commerce.

Alex Hanna was given the 2016 Client’s Choice Award from Avvo.

Alex Hanna is a member of The Florida Bar and Practices in the areas of Criminal, Traffic and Personal Injury Law since 2001.

Alex Hanna is a member of the National Association of Criminal Defense Lawyers (2016).

Alex Hanna is a member of the Esteemed Lawyers of America association (2017).

Alex Hanna is a member of the American Immigration Lawyers Association (2017).

Alex Hanna was bestowed the 10 best law firm award by the American Institute of Criminal Law Attorneys in 2016 and 2017.