How impaired must a defendant be for there to be a presumption under Florida law that the defendant was negligent?

How drunk does somebody have to be in order for Florida law to say, “Okay, at this point you’re presumed to be impaired”? .08, it’s the same law in all 50 states. That leads to a question that I get all the time, “Well, the person seemed really drunk to me but I see in the law enforcement report it says they were only a .07. Does that mean that they weren’t drunk, they weren’t impaired?” No, it doesn’t mean they were not impaired. What .08 means is that once somebody hits .08, conversation is over. They were impaired period, whether they think they were or not. They were. Now, if somebody’s less than .08 it doesn’t mean that they weren’t impaired. It just means that they’re allowed to argue that they weren’t. You’re going to be allowed to argue that they were.

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