Florida is .08 before you are considered UTI
Not really the way it works here in Florida. All it takes is a failed field sobriety test (designed to make you fail) and the cop can get you for DUI even if you are under the state limit (and that changes on WHY you were stopped, moving violation vs accident, etc).
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
With the police officer writing that ticket, impounding your car (if no one is on scene to drive it), and you get a trip to lockup (honey can you post bail?). Then THAT process opens up two different battles that you would have to fight (1) get the charges dropped by the prosecutor (better hire a good lawyer and hope the prosecutor has a heavy case load) and (2) fight the administrative half with the DMV and license suspension. They are two different animals, and even if a prosecutor drops the case the administrative side can continue and pull your drivers license. They do have an appeal process though.
Just don't get caught in the misconception that "hey, I only had two drinks, I am good to go, I am UNDER BAC .08!!", if pulled over after drinking you can still get hit with DUI and have to spend $$$$$ getting out of the mess. I have dealt with this as a legal officer while in the Navy and seen some of my sailors get DUIs above/below the limit out in town, and also some friends that have had to go through it also. I am all about risk avoidance when in a profession (Navy/airlines) that has zero tolerance for DUIs and career/livelihood impacts. If I drink, someone else is driving my ass home (thanks honey!) or we are cabbing it.
