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
- What are the ways a person can be charged with this crime?
- How are the punishments for these offenses different than ordinary DUI crimes?
- What are some of the legal defenses that an alleged offender may be able to raise?
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.
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
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
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.