There are several factors that will influence what a person’s BAC or Blood Alcohol Content is including the number of drinks and duration, gender, your weight and your body fat percentage.

Unfortunately, most of the blood alcohol calculators will not show a BAC of over .08 if the person is an adult who has only consumed a single drink. For example, a 95-pound person who drinks a shot of whiskey, then jumps into their car, will likely only have a BAC of about .05.

So, going by this example would lead you to believe that a person cannot be convicted of DUI from only one drink, right? No. A BAC of .08 only applies to adults age 21 and over and for commercial truck drivers the number is even lower, .04. If the driver is age 20 or younger, the BAC goes down to only .02; even if the person weighs 180 pounds only one drink can push your BAC to over .02. In addition, the BAC number for a person is not necessarily based only on weight, gender and how many drinks you have consumed there are other factors as well that will raise your BAC to above the legal limit.

Some of the other factors include not eating for several hours and taking certain medications. Like many states, Florida uses a two pronged DUI statute, which is Florida Statutes, Section 316.193 (a) and says that if a person is “affected to the extent that the person’s normal faculties are impaired” due to being “under the influence” of drugs or alcohol is guilty of DUI. In other words, if even after having only one drink the state can prove that it diminished your ability to drive, you can be convicted of DUI. Subsection (a) of the Florida Statutes does not go by your BAC when you were stopped, it also focuses on how you were driving at the time.

In a court of law, the prosecutor will focus more on the behavior of the driver such as erratic and unsafe driving, rather than the BAC when arrested. In addition, the officer who arrested the driver would also be questioned as to what prompted the officer to stop the driver and how the driver performed field sobriety test like “one leg stand” or “walk and turn.” If this happens, and the jury concludes that enough proof has been given that the driver consumed enough alcohol to cause erratic and impaired driving, even if the driver had just one drink, he/she can be convicted of DUI.

In conclusion, the best way to ensure that you do not get pulled over and arrested for DUI is to not drink even one. Still, if you are arrested for DUI, it is vital that your rights be protected no matter what your BAC. There have been occasions where the authorities make mistakes, and considering the consequences of a DUI conviction, you have to ensure that your rights are protected.