This is the most asked question by anyone charged with a DUI. The answer is not that simple. It really depends on many factors including but not limited to, size, weight, how much you have had to eat, how many drinks, when you had your last drink and what type of drink to name a few. What we can tell you is the ramifications and benefits to this decision. Let’s talk about taking the breath test. If you take a breath test in the State of Florida in Hillsborough County and you blow below the legal limit of a .08, there will be no license suspension. The State can still proceed with prosecuting one for DUI despite their low blow and this case is extremely difficult for the State to win. If you blow over a .08 your license is suspended for 6 months and you are eligible for a hardship license after 30 days of no driving. Just because you blew over the legal limit of a .08 that does not mean you are automatically guilty of DUI. The Hillsborough County State Attorney’s Office still needs to prove you were above a .08 at the time of driving.