Blood Alcohol Level In Florida

In the state of Florida, a person is presumed intoxicated if they have a blood alcohol level of .08 or higher. A person is presumed not intoxicated if they have a blood alcohol level of .05 or less. If a person has a blood alcohol level between .05 and .08 it is up to a jury or a judge to determine if the suspect is intoxicated or not.

Blood alcohol level can be determined by the administration of a breathalyzer test or by an accurate application of the HGN test. However, results gained from the HGN test are only admissible if there is a breathalyzer test that confirms the HGN tests results. Brian Barakat conclusively established that rule in Suarez v. State Cite.