Florida Punishments, Penalties, Sanctions for
DUI with BAL over 0.15
Tampa Lawyer for DUI with BAL over .15 in Florida
If you have been arrested for a DUI with a breath or blood test result showing an alcohol content reading over .15, contact a criminal defense lawyer at the Sammis Law Firm to discuss ways to fight this serious type of DUI case that can lead to enhanced punishments under Florida law. We focus on defending individuals charged with drunk driving in Tampa and Plant City for Hillsborough County, Florida.
Many people assume that if they blow over the legal limit of .08 that they will not be able to win their DUI case or receive a reduction in the charges to reckless driving. Individuals with a high blow over 0.15 are even more concerned that their case might be impossible to win. However, everyone charged with the per se version of DUI that alleges an unlawful breach alcohol level should be aware that the breath test instrument used in Florida, the Intoxilyzer 8000 is not always accurate. Many of these cases can be won at trial or can result in a negotiated plea to reduced charges such as reckless driving.
We created this website to give you some general information but it is no substitute for speaking directly with a criminal defense attorney for advice about what you need to do now to protect yourself against this serious accusation.
The Enhanced Penalties for a High DUI Breath Test Reading in Tampa
Numerous enhanced penalties exist in those DUI cases in which the breath or blood alcohol content test shows a reading of .15 or higher. In certain cases, these enhanced penalties can be avoided if the prosecutor agrees and the Court signs an order reflecting the stipulation between the prosecutor and the defense attorney that the breath or blood alcohol content was less than .15 notwithstanding the test results in the case.
Pursuant to Florida Statute Section 316.193, the Court must impose the following enhanced penalties if the breath test was .05 or over:
- First DUI Conviction - if the BAC is .15 or over then the ignition interlock device is required for six (6) months; and
- Second DUI - if the BAC is .15 or over then the ignition interlock device is required for at least 24 months.
Our Solutions
If you have been arrest for DUI with a breath or blood alcohol level over .15, it is particularly important to talk with a Tampa DUI Lawyer experience in fighting the breath test case. Click here to read our article on Fighting the DUI Breath Test Case.
Find out more about why the arresting officer's failure to watch you closing during the twenty (20) minute period before you take the breath test can lead to the results being thrown out by the judge in Tampa, Hillsborough County, FL. Contact an experienced DUI lawyer in Tampa, FL, to discuss the particular facts of your case. Call 813-250-0500 for a free consultation today.