Legal Question in DUI Law in Florida

Can someone be aressted twice for dui/ can someone be charged when their under t

Can someone be aressted be aressted twice for dui by 2 officers? Can you be legally aressted for dui when your under the state reading on what is consder drunk?


Asked on 12/16/03, 12:38 am

1 Answer from Attorneys

Dan Akes C. Daniel Akes, Attorney at Law

Re: Can someone be aressted twice for dui/ can someone be charged when their und

I'm not clear on your first question. When a person is arrested for DUI in Florida the law requires that he be kept until he is no longer under the influence; his blood alcohol is below .05; or eight hours have elapsed from the time he was arrested. If he is then released, he can be rearrested if the circumstances warrant it. For instance, a person with an exceedingly high level could still have more than .05 and be released after eight hours. He could also still be under the influence of alcohol or another kind of intoxicant. He could then be rearrested if he drives under the influence or with an unlawful blood alcohol content. Obviously, he could also resume drinking, and become under the influence again. The answer to your second question is definitely yes: some people may be under the influence of alcohol with low blood alcohol levels, and of course you can be under the influence of other intoxicants with no blood alcohol level.

Dan

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Answered on 12/16/03, 10:23 am


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