Can a person be guilty of drunk driving in Florida if they only had one drink?
The law in Florida on drinking and driving is there is a legal limit called .08. If you blow up .08, it is presumption that you are driving under the influence. If you refuse to issue a breathalyzer test, the state can still prosecute you under the impairment theory. Even if you’ve had one drink, two drinks, if they believe that you failed certain roadside tests, or you still cannot operate a motor vehicle properly, yes, you can still be prosecuted in the state of Florida for drinking and driving.