High BAC DUI in Florida: When .15 Changes the Case

In Florida, a breath or blood alcohol level of 0.15 or higher moves a DUI into an enhanced penalty range. For a first offense, that means a fine of $1,000 to $2,000, up to 9 months in jail, and 6 months of ignition interlock after conviction.

Why 0.15 is a dividing line in Florida

Florida's general limit for drivers 21 and older is 0.08, and a result at or above that level can support a DUI charge on its own. A result of 0.15 or higher does something more: it moves the case into an enhanced penalty range. That is why the exact number on a test matters so much in these cases.

For a first conviction, the difference is significant. A standard first DUI carries a fine of $500 to $1,000 and up to 6 months in jail. At 0.15 or higher, the fine range doubles to $1,000 to $2,000, jail exposure rises to 9 months, and ignition interlock is required for 6 months.

When the case turns on a single number

In many DUI cases, the evidence is a mix of driving, observations, roadside exercises and a test. In a high BAC case, the enhancement rests on the test result itself. If the number is reliable, the enhanced range may apply. If the number is not reliable, the enhanced range is in question even if a DUI charge remains.

That puts the testing process at the center of the case. A result just above 0.15 and a result far above it raise somewhat different questions, but in both, how the sample was collected and analyzed deserves a close look.

Reviewing a high breath result

Breath testing in Florida uses the Intoxilyzer 8000, which is regulated by the Florida Department of Law Enforcement (FDLE). A 20 minute observation period is required before a breath test. The breath records produced in discovery can be compared with those requirements.

Video from the testing area, if it exists, may help show whether the observation period was followed. These are the same details reviewed in any breath test case, but the stakes are higher when the result decides the penalty range.

Reviewing a high blood result

Blood tests are used in some cases, such as when a breath test is not possible. Collection, handling and lab procedures can all be reviewed. Lab records, along with the documented path of the sample from the draw to the analysis, are part of what the defense examines when a blood number is the basis for the enhancement.

The license side of a high test result

The criminal case is only one track. The arrest also begins an administrative suspension through DHSMV, and there are 10 days from the arrest to request a formal review hearing. The enhanced penalties come with a conviction in the criminal case, while the administrative suspension follows its own rules.

If a result of 0.15 or higher is part of your case, a free case review with DUI Lawyers Shield Firm can include a look at the testing records once they are available.

Keep reading

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

FAQ

No. The enhanced range applies after a conviction where the BAC was 0.15 or higher, and the accuracy of the result can be challenged. How the case resolves depends on the evidence. Depending on the facts, a DUI may in some cases be resolved as a lesser charge, though this is never automatic.

Because the penalty range changes at a specific point. A result of 0.15 or higher moves a first offense into the enhanced range, while a result below it does not. Small questions about how the test was performed can therefore have a large effect on which penalties are possible.

It can. A Florida DUI can be shown by impairment of normal faculties, not only by a test result. If a breath or blood number is excluded or doubted, the state may try to rely on driving, observations and video. What remains of the case depends on the rest of the evidence.

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