In Florida, if you operate a vehicle with a blood alcohol concentration (BAC) of .08% or more, or if you’ve had enough alcohol to impair your normal faculties, you could be arrested on suspicion of DUI. The law applies regardless of the type of alcoholic beverage you drink, and that does include White Claws.
Laws and Claws
Although there is a popular saying going around that there aren’t any laws when drinking White Claws, that is not the case. These beverages contain 5% alcohol by volume, and if you drink enough of them, your BAC could be elevated or your ability to operate a vehicle safely could be compromised.
Driving After and While Drinking White Claws
Unfortunately, a Florida woman was under the impression that she could not be arrested for a DUI because she had only drunk White Claws. She admitted to officers that she had drunk a few before getting behind the wheel, but she should not be taken into custody because they have low alcohol content.
Other drivers had reported that the woman was drinking White Claws while driving and was swerving in and out of lanes. When police responded to the calls, they found the woman driving much slower than the posted speed limit and struggled to stop when they indicated that she needed to pull over.
Officer Observations of Driver Behavior
When officers approached the woman, they reported that she smelled strongly of alcohol and had bloodshot, watery eyes. They also said that her hair was messy, her skirt was on sideways, and she wasn’t wearing shoes. Additionally, she had trouble maintaining her balance and had to lean against her car for support.
The woman told officers that she had a drink earlier in the day and then had two while driving home. She tried to argue her way out of her DUI arrest by stating that White Claws are only 5% alcohol by volume.
The woman took a field sobriety test but refused a breath test because she said it would ensure she would be arrested for a DUI. She was handcuffed and taken into custody at the Pinellas County Jail.
If found guilty of driving under the influence, the penalties the woman could face include:
- Jail time
- Driver’s license suspension
- Community service
- Ignition interlock device installation
Speak with The Law Office of David A. Webster, P.A. Today
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