Many times clients wonder how did I get arrested when I blew under the legal limit? Florida’s DUI statute places a presumption of guilt once a driver has .08 or above. The Statute does allow an arrest to occur for .05 to .08, however, the State must actually prove that at the time the Defendant was driving their were “under” the influence.
How would they do that, you ask. One way is through expert testimony of “retrograde extrapolation”. In short some scientist who is deemed “an expert” state that at the time you were driving your blood alcohol level was much higher.
This theory has been called into question a number of times.
Please read more here: http://www.oneidadispatch.com/general-news/20151005/retrograde-extrapolation-estimates-questioned-in-dwi-cases
So despite common belief you can be arrested for a DUI under the legal limit.
If you do, you know who to call….

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