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DUI with BAC Over .15

Florida has added enhanced penalties for those who are extremely intoxicated while driving. The legal limit for Florida is a blood-alcohol concentration (BAC) of 0.08. Usually officers measure BAC through chemical testing such as blood, urine or breath analysis. Drivers who have a BAC of .15 or more may face elevated penalties under Florida law.

A DUI conviction may result in harsh penalties such as steep fines and possible incarceration. However, alleged offenders with a BAC at or over .15 should expect elevated penalties. The alleged offender will also be required to pay for and install an ignition interlock device (IID). An IID can be expensive and an inconvenience on a person’s lifestyle.

If you or someone you know has been charged with a DUI over .15, it’s vital that you seek legal representation.

Attorney for DUI with BAC Over .15 in Melbourne, Florida

A DUI conviction is always serious, and if your BAC was calculated at or above .15 during the offense your penalties may be even worse. Florida has implemented enhanced penalties to deter incredibly intoxicated people from driving. You could have to handle large fees, probation, DUI school, community service and even possible jail or prison time.

Don’t hesitate a moment longer. Call the attorney at The Law Offices of Bryan J. McCarthy now. We have years of experience practicing criminal defense in Florida. Our attorney is dedicated to every client and will work diligently to get the best possible results. Let us guide you today by calling (321) 248-7742 to set up a free consultation.

The Law Offices of Bryan J. McCarthy defends those accused of serious traffic crimes throughout the greater Brevard County area including surrounding counties such as Volusia County and Indian River County.

Overview of DUI with BAC of Over .15 in Florida

  • Penalties for High BAC DUI
  • DUI with Property Damage
  • DUI with Serious Bodily Injury
  • DUI Manslaughter
  • Possible Defenses for a DUI with a High BAC
  • Additional Resources

Penalties for DUI with BAC Over .15 in Brevard County, Florida

Florida’s legal limit is a blood-alcohol concentration (BAC) of .08. If an individual has a BAC over .15 he or she is considered to be so intoxicated that they could be a danger to society. The state of Florida has laws for drivers who are exceedingly intoxicated. The penalties for a DUI with BAC over .15 include:

First Offense

  • Possible fine of up to $2,000;
  • Maximum jail sentence of nine months;
  • 50 hours of required community service;
  • License suspension for no more than 6 months;
  • Possible vehicle impoundment for up to 10 days;
  • Required attendance in DUI school; and
  • Mandatory installation of an ignition interlock device for no more than 6 months.

Second Offense

  • Possible fine of up to $4,000;
  • Maximum jail sentence of 12 months;
  • License suspension for no more than 12 months;
  • 50 hours of required community service;
  • Possible vehicle impoundment for up to 30 days;
  • Required attendance in DUI school; and
  • Mandatory installation of an ignition interlock device for no more than 2 years.

Third Offense

  • A possible fine of up to $5,000;
  • Up to five years in prison;
  • 50 hours of required community service hours;
  • License suspension for up to 10 years;
  • Vehicle impoundment for no more than 90 days;
  • Required attendance in DUI school; and
  • Mandatory installation of an ignition interlock device for no more than 2 years.

Unfortunately, it’s possible that DUI penalties can be enhanced even further. A person with a second DUI conviction that is within five years of their first conviction must serve a mandatory incarceration for at least 10 days. Additionally, a person with a third conviction within 10 years of their prior DUI convictions must serve a mandatory jail sentence of at least 30 days.

DUI with BAC Over .15 That Caused Property Damage

A common offense that occurs with a DUI with a BAC over .15 is property damage. Extremely inebriated drivers may get into destructive accidents which further their penalties. Florida law has enhanced penalties in addition to statutory penalties for drunk drivers who cause property damage. Those penalties include:

  • Up to 12 months in jail;
  • License suspension for up to 12 months; and
  • Possible restitution costs.

DUI with BAC Over .15 That Caused Serious Bodily Injury in Florida

DUI accidents that causes serious bodily injury can lead to serious consequences. Florida law defines “serious bodily injury” as any physical injury that creates a substantial risk of death, disfigurement, or protracted loss of impairment of any bodily member or organ. An example of a serious bodily injury could be a lost limb or a traumatic brain injury.

Florida has implemented enhanced penalties for a DUI with serious bodily injury in addition to statutory consequences. Those penalties include:

  • A prison sentence of up to 5 years;
  • Probation for up to 5 years; and
  • A possible fine of up to $5,000.

DUI Manslaughter in Melbourne, Florida

Most drivers with a high BAC are incredibly inebriated. Drivers who are dangerously drunk could get in a deadly accident. If anyone causes the death of another by driving under the influence should expect enhanced penalties. The enhanced penalties for a DUI manslaughter conviction include:

  • Up to 15 years in prison;
  • Up to 15 years probation;
  • A fine of up to $10,000;
  • Permanent driver’s license revocation; and
  • Vehicle impoundment.

Possible Defenses for a DUI Over .15 in Brevard County, Florida

DUI charges with a high BAC can be difficult cases. The judge and jury may assume you were irresponsibly drunk due to your BAC level. Thankfully, you have options. Hiring a criminal defense attorney can significantly increase your chances of reducing or dismissing your charges.

A skilled attorney can create a strong defense for your case. If your lawyer has the right strategies, he or she can cast reasonable doubt on the prosecution’s case. It’s important that you’re ready for your case with resilient legal representation.

The following are some possible defenses an attorney may use in a high BAC DUI case.

  • Illegal Traffic Stop – Law enforcement must have probable cause to pull a driver over for a DUI. Officers who conduct traffic stops without reasonable suspicion are acting unlawfully. Your attorney may be able to argue that the arresting officer stopped you without probable cause.
  • Field Sobriety Tests – Your arresting officer may have used field sobriety tests to assess your impairment level. However, many of these tests create arguable results. An attorney may be able to argue that the tests were out of your physical ability or were improperly administered.
  • Chemical Testing – Law enforcement uses chemical tests to calculate BAC levels. While they are more accurate that field sobriety exercises it doesn’t mean they are without fault. Chemical testing can give misleading results for a multitude of factors. If lab procedures aren’t followed, samples are contaminated, technicians aren’t qualified or the equipment is old the results could be skewed.

Additional Resources

NCADD – Visit the official website for the National Council on Alcoholism and Drug Dependency (NACDD), a non-profit organization whose mission is to reduce impaired driving and the tragic consequences that may follow. Access the site to learn about addiction, the signs of addiction, and answers to frequently asked DUI questions.

DUI Frequently Asked Questions – Visit the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and find answers to frequently asked questions regarding DUI. Learn more about DUI course requirements and how to reinstate your license after a DUI conviction.

Lawyer for High BAC DUI in Brevard County, Florida

If you or someone you know has been charged for a DUI with a BAC over .15, it’s essential that you contact an experienced criminal defense attorney. The Law Offices of Bryan J. McCarthy has a passion for criminal defense in Florida courts. Our attorney has the right resources, techniques and experience to help you get your life back.

Get some peace of mind today. Call the attorney at The Law Offices of Bryan J. McCarthy today at (321) 248-7742. We represent those accused of an aggravated DUI throughout the Melbourne area including Palm Bay, Cocoa, and Titusville.