It is not illegal to drink and drive in the state of Florida. As long as your blood alcohol level (BAC) is below a .08 and your normal faculties are not impaired, you are not breaking the law if you get behind the wheel. However, even if you meet these requirements you could still be pulled over. A Port St. Lucie assistant city attorney was recently in this situation but was driven home by the police officer. Her blood alcohol level was not measured, nor was she asked to perform a field sobriety test.

Driving While “Borderline” Intoxicated
According to an article in WPTV News, Police Chief Brian Reuther stopped Assistant City Attorney Gabrielle Taylor around 2:30 a.m. Saturday, and said it appeared “she had difficulty driving.” The police chief admits she may have been drinking. A police spokesman said officers did smell alcohol.

A field sobriety test nor breathalyzer test was performed and the police officers involved simply drove Taylor home. Later, Reuther said that the assistant city attorney was upset over a friend having a limb amputated and it could have contributed to her difficulty driving.

Reuther said there is no report about the incident and that routine traffic stops that do not result in an arrest or citation generally are not documented in a report. The city attorney was informed of the incident but is still looking into the issue, according to WPTV News.

What Does This Mean For You?
Again it is not illegal to operate a motor vehicle if you have been drinking and your normal faculties are unimpaired. As long as your blood alcohol level is lower than a .08, there is no reason for an arrest or citation based on consuming alcohol.

If you have been arrested for a DUI, you need to contact an experienced criminal defense lawyer immediately. A lawyer can help you get through the legal process as smoothly as possible and will have the resources necessary to make sure you don’t receive any unintended consequences. For example, if you do not request a DMV hearing within 10 days of your arrest, you will lose your driver’s license. A knowledgeable criminal defense lawyer can help you protect your right to drive as long as you contact him immediately after you have been arrested.