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DUI With BAL of 0.15 or Higher

South Florida High Blood Alcohol Content DUI Lawyers

Many people are aware that a person can be arrested for driving under the influence (DUI) in Florida if the motorist has a blood alcohol content (BAC) of 0.08 or higher. However, it is important to understand that an alleged offender is subject to enhanced penalties if he or she has a BAC—referred in Florida law as blood-alcohol level (BAL)—of 0.15 or higher.

In addition to higher amounts of fines and lengthier terms of imprisonment, alleged offenders also face possibly having to install ignition interlock devices in all vehicles they regularly drive. Prosecutors know that judges view BAL amounts this high as alleged offenders being particularly reckless, and they will strenuously push for strong punishments in such cases.

Palm Beach County DUI With BAL of 0.15 or Higher Lawyer

If you were arrested in South Florida for a DUI and you had a BAC of 0.15 or more, you will want to make sure that you have extremely knowledgeable legal counsel. Meltzer & Bell, P.A. aggressively defends clients facing these charges in Miami-Dade County, Palm Beach County, and Broward County.

Our Fort Lauderdale DUI with BAL or 0.15 or higher attorneys have experience on both sides of the aisle in these cases, so we know what areas to investigate and use to weaken a prosecutor’s case. You can have our firm provide a complete evaluation of your case as soon as you call (561) 557-8686 today to take advantage of a free, no obligation consultation.

Florida DUI With BAL of 0.15 or Higher Overview

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DUI With BAL of 0.15 or Higher Charges in Fort Lauderdale

A motorist in Florida can be charged with DUI if he or she is under the influence of alcoholic beverages, any chemical substance, or any controlled substance and affected to the extent that his or her normal faculties are impaired. When a driver is stopped by a police officer who suspects the motorist is intoxicated, the officer will ask the driver to submit to a chemical test of his or her blood, breath, or urine to determine its alcohol content.

Under Florida law, all drivers are expected to honor the implied consent that was a condition of them being granted their licenses. In most cases, police officers will use a portable breathalyzer to measure an alleged offender’s BAC before placing him or her under arrest and using a standalone machine at the police station for another breath test.

In certain cases, police may have to rely on blood draws. In either case, an alleged offender could be subject to these enhances penalties if he or she has either of the following:

  • BAL of 0.15 or more grams of alcohol per 100 milliliters of blood
  • BAL of 0.15 or more grams of alcohol per 210 liters of breath

It is important for alleged offenders to understand that despite the implied consent warnings, not all requests for submissions to chemical testing are necessarily lawful.

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Palm Beach County DUI With BAL of 0.15 or Higher Penalties

Many penalties associated with a conviction for DUI are increased if an alleged offender is proven to have had a BAL of 0.15 or more. Florida Statute § 316.193(4) makes the following adjustments in regards to fines, depending on whether the alleged offender has been previously convicted:

  • First Conviction — A minimum fine of $500 with a maximum of $1,000 becomes a minimum fine of $1,000 up to $2,000
  • Second Conviction — A minimum fine of $1,000 with a maximum of $2,000 becomes a minimum fine of $2,000 up to $4,000
  • Third Conviction Within 10 Years — A minimum fine of $1,000 with a maximum of $5,000 becomes a minimum fine of $4,000 up to $5,000

Similarly, the same statute also establishes increased terms of imprisonment:

  • First Conviction — Maximum sentence of six months in jail becomes up to nine months in jail
  • Second Conviction — Maximum sentence of nine months in jail becomes up to 12 months in jail

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DUI With BAL of 0.15 or Higher Defenses in Florida

In these kinds of cases, it will be extremely important to have a highly skilled lawyer investigate how any testing was performed. An experienced attorney can determine whether any of the following errors were made that could possibly result in charges being reduced or completely dismissed:

  • Blood sample was contaminated
  • Blood sample illegally obtained
  • Breath test operator was not certified
  • Breathalyzer was not calibrated
  • Implied consent not given or not read properly by police officer
  • Medical condition in alleged offender produced false positive or inaccurate reading
  • Police did not adhere to mandatory observation period

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Meltzer & Bell, P.A. | Fort Lauderdale Lawyer for DUI With BAL of 0.15 or Higher

Have you been arrested for allegedly drunk driving in South Florida with a BAL of 0.15 or more? Do not waste any time in finding legal representation so you can minimize the penalties you face.

Meltzer & Bell, P.A. fights on behalf of clients in Palm Beach Gardens, Boynton Beach, Riviera Beach, West Palm Beach, Greenacres, Royal Palm Beach, Jupiter, Boca Raton, Lake Worth, Wellington, and Delray Beach as well as many surrounding areas. Our Palm Beach County DUI with BAL of 0.15 or higher attorneys will review your case and discuss all of your legal options with you during a free consultation when you call (561) 557-8686 right now.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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