I blew over the limit. Can I still win the case?


Well, the answer to that question is, of course, you can. Florida law requires that the state prove that you had an illegal alcohol level at the time you're driving the car. Now, that's not when you take the breath test. By the very nature of breath testing in Florida, your test will be somewhere between an hour and an hour and a half after the time you're driving in the car. It's incumbent upon the state to connect your alcohol level with the time you're driving and most times, they don't even attempt to do that in the misdemeanor DUI cases.

They, of course, will do that in the felony DUI, manslaughter, and serious injury cases by going through a process called retrograde extrapolation, which means retrograde extrapolating an alcohol level when you took the test to the time you're driving the car.