Can a person be guilty of drunk driving in Florida if they only had one drink?Return to FAQ Videos
A person can be guilty of DUI in Florida even if they’ve only had one drink. There’s two ways that a prosecutor can prove someone’s guilty of DUI. Either their breath or blood alcohol results, or if their normal faculties are impaired. So, if someone has one drink and isn’t in control of their normal faculties, if they can’t walk, if they can’t stand, if they can’t talk, and the prosecutor can prove that that one drink impaired to them to the extent that they aren’t safe, they certainly can be prosecuted and convicted of DUI, even only having one drink.