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Driving with a blood alcohol concentration (BAC) at or above .08% is illegal in Florida. However, if you are under 21 years old you may not operate a motor vehicle with a BAC of .02% or greater. If you are a commercial driver, you may be disqualified from operating a commercial vehicle if you drive with a BAC of .04% or greater.
There are a number of factors which will influence the outcome of a blood test or breath test. The Fort Myers DUI attorneys at Musca Law understand all of these factors and therefore are familiar with defending clients even who have failed or refused breath or blood tests.
Some issues which may affect alcohol levels in one’s blood may include:
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Gender
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Weight
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What the driver has eaten recently, and how much
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The period of time in which alcohol was consumed
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Any medications that the driver may be taking
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A person’s individual tolerance for alcohol
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Metabolism
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Some issues which may affect the outcome of a breath test or blood test include:
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Whether the breath test machine is properly calibrated
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Whether the test is properly administered
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Whether the blood sample is treated and handled properly
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Whether the person giving the test is properly trained and qualified
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