Yes. Under Florida Statute § 316.193, the state can pursue a conviction based on the "impairment of normal faculties." If an officer testifies that you were swerving, slurring your speech, or failed Field Sobriety Exercises, you can still face DUI charges in Fort Lauderdale regardless of the specific breathalyzer reading. The .08 threshold is simply the "per se" limit where impairment is legally presumed.
Can I be charged with a DUI in Florida if my BAC was below .08?
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