You may face harsh penalties if convicted of DUI with a high BAC.
Drivers charged with driving under the influence (DUI) in Florida often face severe consequences if convicted of DUI. This is especially true if drunk drivers have a high BAC based on their DUI breath, blood, or urine test.
What is considered a high BAC in Florida? What can cause a high BAC? And what are the enhanced penalties for a high BAC DUI conviction in Florida? Below, you can find the answers to all these questions and other important information about DUI charges and penalties in Florida.
What does BAC mean?
BAC stands for blood alcohol concentration. This legal and medical term is used to describe the amount of alcohol someone has in their bloodstream. If you have been charged with DUI, it is probably because your BAC was allegedly over the legal limit.
In Florida, drivers are considered legally impaired if their BAC is over 0.08. Florida Statute, 316.193.
However, certain drivers can be charged with DUI in Florida if their BAC is less than 0.08. For example, drivers under 21 years old can be charged with DUI if their BAC exceeds 0.02. And if a police officer stops a commercial truck driver, the trucker is considered legally drunk if their BAC is 0.04 or higher due to federal regulations governing commercial driver’s licenses (CDL) nationwide. You can still be charged with a DUI even if you are below 0.08, the legal limit. The police may believe you are also under the influence of drugs or have a low tolerance for alcohol. Then you will be charged with DUI under the theory that your “normal faculties are impaired.”
What is considered a high BAC?
While drivers can be charged with DUI in Florida if their BAC is over 0.08, additional penalties apply if a driver has what is considered a high BAC. For example, other enhanced penalties apply in Florida if a driver has a BAC of 0.15 or higher. More information about these enhanced penalties can be found in Florida Statute, Title XXIII, Chapter 316, Section 193 of the State Uniform Traffic Control code.
What are the penalties for a high BAC DUI charge in Florida?
If you were stopped by police in Florida and your BAC was over 0.15, the following penalties could apply if you are convicted of DUI:
First DUI conviction with a high BAC over 0.15
- Fine of $1,000 to $2,000.
- Up to 9 months in prison.
- 50 hours of community service.
- Driver’s license suspended for at least 6 months.
- Installation of an ignition interlock device (IID), paid for by the driver, for at least 6 months.
Second DUI conviction with a high BAC over 0.15
- Fine of not less than $2,000 or more than $4,000.
- Up to 12 months in prison.
- 50 hours of community service.
- Driver’s license suspended for up to 12 months.
- Installation of an ignition interlock device (IID), paid for by the driver, for at least 2 years.
Third DUI conviction with a high BAC
- Fine of not less than $4,000.
- Up to 5 years in prison, if charged as a felony, which requires the arrest for the 3rd DUI is within 10 years of a prior DUI conviction.
- 50 hours of community service.
- Driver’s license suspended for up to 10 years, if the 3rd DUI is within 10 years of a prior DUI conviction.
- Installation of an ignition interlock device (IID), paid for by the driver, for at least 2 years.
How is someone’s BAC measured?
Police officers and law enforcement officials often use three tests to measure someone’s BAC, including:
- Breath test – Often using an Intoxilyzer 8000 or another breathalyzer test, police measure the ethyl alcohol particles in a person’s breath.
- Blood test – This particular DUI BAC test measures the amount of alcohol in a person’s blood. The test involves taking a blood sample from someone who appears intoxicated. The only way to get a blood test for DUI in Florida is if the person is arrested for a felony or volunteers for a blood test. The police cannot request a blood test in a misdemeanor DUI case.
- Urine test – This test involves taking a urine sample. These tests can only tell if the person has alcohol in their system, but not the level or BAC. Urine test cases are done when the police think the driver is under the influence of drugs or medication. This is called a Driving Under the Influence of Drugs (DUID) case. These are becoming more common as marijuana becomes legalized and our population ages and uses more medications.
Some people assume that such tests are 100 percent accurate. However, many situations and circumstances can produce a false positive BAC test.
What causes a high BAC?
If you had a high BAC reading, don’t simply assume it can be used as evidence against you. There are many other reasons why your BAC reading may have been higher than usual. Common causes of high BAC test results include:
- DUI test not administered correctly.
- Breath Test machine not maintained properly
- Gastroesophageal reflux disease (GERD)
- BAC test results not stored properly, if urine or blood test.
- Interaction with medications.
- Defective DUI testing equipment.
- Food consumed shortly before taking DUI test. Drivers with an Ignition Interlock Device (IID) have violated the device by eating a donut before they start their car due to the yeast in the donut.
- Hormone levels of person taking DUI test.
There are many other reasons why your high BAC test results might not be accurate. For example, your BAC reading may be abnormally high and inaccurate if you burp shortly before taking a breathalyzer test.
Make sure you fully understand your legal rights if you have been charged with DUI in Florida. Make sure you talk to a DUI defense lawyer right away.
How a DUI defense attorney can help
When you have an experienced lawyer handling your DUI defense case, you can ensure your rights are respected, and you have not been falsely charged with DUI based on high BAC reading. Thomas C. Grajek, Attorney at Law, can investigate your charges and build a strong legal defense based on solid evidence. Contact us and schedule an appointment today. Our law firm has three offices conveniently located in Tampa, Lakeland, and Lutz, Florida.