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Under Florida law, DUI is defined primarily by two criteria: operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or exhibiting impaired faculties regardless of BAC. This means that even if a driver's BAC is below the legal limit, they can still be charged with DUI if their ability to operate the vehicle is impaired due to alcohol or any other substance.

This understanding highlights the emphasis in Florida’s legal framework on both measurable alcohol levels and the broader concept of impaired driving. It reinforces the importance of sober driving regardless of alcohol consumption levels, making it clear that any impairment can lead to serious legal consequences. The legal limit of 0.08% serves as a crucial benchmark, but it does not solely define DUI, allowing law enforcement flexibility to address cases where individuals may be unfit to drive but do not reach that specific BAC threshold.

In contrast, simply driving with any amount of alcohol present in the system is not sufficient for a DUI charge unless impairment is proven—or, in the case of BAC, it exceeds the established limit. Additionally, the focus on prescription drugs alone as a basis for DUI is too narrow, overlooking the comprehensive nature of Florida's DUI laws, which cover a wide range of impairing substances