When someone is pulled over for driving under the influence with a high blood or breath alcohol level in Florida, they may be facing a misdemeanor to felony charge.
The consequences of a DUI (Driving Under the Influence) offense are serious, ranging from hefty fines to extended jail time. In this piece, Germain Legal explains Florida’s laws on DUI with high BAC, covering the penalties you might face, possible defenses, and how our criminal defense lawyers can make a meaningful difference in protecting your rights and building a strong defense tailored to your unique situation.
Brevard County High BAC DUI Defense Attorney
The state takes DUI charges very seriously, and being caught with a high blood alcohol content (BAC) can elevate your potential charges from a minor misdemeanor to up to nearly a year in prison.
If you or a loved one have been charged with a high BAC DUI you need to contact an experienced DUI defense attorney immediately.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
What is High Blood-Alcohol Level / High Breath-Alcohol Level?
According to Florida Statutes Section 316.193(4), a High Blood-Alcohol Content (BAC) or High Breath-Alcohol Level (BAL) DUI occurs when a person is found driving or in actual physical control of a vehicle in Florida and has a blood-alcohol level of 0.15 grams or more per 100 milliliters of blood, or a breath-alcohol level of 0.15 grams or more per 210 liters of breath.
What Are the Penalties for High BAL DUI?
| Classification | Penalty |
| First Offense | Misdemeanor Fine: $1,000 to $2,000 Imprisonment: Up to 9 months Ignition Interlock: Mandatory for at least 6 months on all vehicles owned or operated by the individual |
| Second Offense | Misdemeanor Fine: $2,000 to $4,000 Imprisonment: Up to 12 months Ignition Interlock: Mandatory for at least 2 years on all vehicles owned or operated by the individual |
| Third Offense (If within 10 years of a prior conviction) | Felony of the Third Degree Fine: Not less than $4,000 Imprisonment: Up to 5 years Ignition Interlock: Mandatory for at least 2 years on all vehicles owned or operated by the individual |
| Third Offense (If more than 10 years after a prior conviction) | Misdemeanor of the First Degree Fine: $2,000 to $5,000 Imprisonment: Up to 12 months Ignition Interlock: Mandatory for at least 2 years on all vehicles owned or operated by the individual |
| Fourth or Subsequent Offense | Felony of the Third Degree Fine: Not less than $4,000 Imprisonment: Up to 5 years Ignition Interlock: Mandatory for at least 2 years on all vehicles owned or operated by the individual |
Aggravated Offenses
A DUI that results in property damage or serious bodily injury or death to another person can lead to more severe legal consequences. Florida law also enforces mandatory minimum jail sentences for individuals convicted of multiple DUIs within a specific timeframe. For example, a second DUI within five years of the first conviction requires a minimum jail sentence of 10 days. A third DUI conviction within 10 years results in a mandatory minimum of 30 days in jail.
What Are Potential Alternatives to Incarceration?
Probation: Florida law allows for the option of probation instead of jail time for individuals convicted of a DUI with a high BAL. Probation includes requirements such as monthly reporting, attending a substance abuse course, and undergoing a psychosocial evaluation.
Community Service: For a first DUI conviction, the court can order the offender to complete a minimum of 50 hours of community service as a condition of probation. If the offender is unable to complete the community service because of hardship, the court may allow the payment of a fine instead.
Ignition Interlock Device: The court can order the installation of an ignition interlock device on all vehicles operated by the offender. This device prevents the vehicle from starting if the offender has alcohol in their system. The duration of this requirement varies depending on the number of prior offenses.
Vehicle Impoundment or Immobilization: As part of probation, the court may order the impoundment or immobilization of the offender’s vehicle. The length of time varies based on whether it is a first, second, or third offense. This measure is intended to prevent the offender from driving while on probation.
Substance Abuse Treatment: If the psychosocial evaluation indicates the need for treatment, the offender must complete a substance abuse treatment program. This treatment is a condition of probation, and failure to complete it can result in the revocation of the offender’s driving privileges.
Qualified Sobriety and Drug Monitoring Program: In some cases, the court may order participation in a sobriety and drug monitoring program. This program involves regular testing for alcohol and drugs and is an additional measure to help ensure the offender remains sober while on probation.
What Are Potential Defenses in High Blood-Alcohol Level / High Breath-Alcohol Level DUI Cases?
Improper Testing Procedures: If the breathalyzer or blood test was not conducted following the correct procedures, the accuracy of the results can be questioned. This includes improper calibration of the device, failure to observe the mandatory observation period, or errors in administering the test.
Inaccurate Test Results Because of Medical Conditions: Certain medical conditions, such as GERD (Gastroesophageal Reflux Disease), diabetes, or asthma, can affect breath test results. These conditions might cause the breathalyzer to register a higher blood-alcohol level than is actually present.
Faulty Breathalyzer Equipment: Breathalyzers are machines that can malfunction or give incorrect readings if they are not properly maintained or if there is a defect in the device.
Lack of Justification for Traffic Stop: If the officer did not have a valid reason to stop the vehicle initially, any evidence obtained from the stop, including the results of a breath or blood test, may be suppressed.
Inconsistent Officer Testimony: If there are inconsistencies or contradictions in the arresting officer’s testimony or in the police report, this can cast doubt on the validity of the DUI charge.
Improper Storage or Handling of Blood Samples: Blood samples must be properly stored and handled to help ensure their accuracy. If there is evidence that the sample was mishandled or contaminated, the test results may be challenged.
Challenging the Breath Test Operator’s Certification: The person administering the breath test must be certified to do so. If the operator is not properly certified, this can be a valid defense.
No Warning of Consequences for Refusing a Test: If the officer did not properly inform the individual of the consequences of refusing a breath or blood test, it may be possible to challenge the validity of the test results or the refusal.
Violation of Constitutional Rights: If the arresting officer violated the individual’s constitutional rights, such as the right to remain silent or the right to an attorney, any evidence obtained as a result of that violation may be inadmissible in court.
What Can a High BAC Lawyer Do For Me?
If you’re facing a DUI charge because of a high blood-alcohol level or high breath-alcohol level, having a lawyer who understands the specifics of your situation is vital. A lawyer who knows the ins and outs of DUI cases can help guide you through what can be a confusing and stressful time.
First, your lawyer will make sure you understand the charges against you. They will explain how your blood-alcohol level or breath-alcohol level being over the legal limit impacts your case, and what penalties you might face. This could include fines, jail time, or the installation of an ignition interlock device on your vehicle.
Next, your lawyer will work to protect your rights throughout the legal process. They will make sure that all procedures were followed correctly when you were tested and arrested. If any errors are made, your lawyer will know how to bring these to the court’s attention.
Additionally, your lawyer will help you explore your options. This might involve negotiating for a lesser charge or a reduced sentence. They will also be there to represent you in court, making sure your side of the story is heard and that you receive fair treatment.
Finally, a DUI lawyer will help you with the consequences of a conviction, such as dealing with license suspensions and completing any required alcohol education or treatment programs. They can guide you on what to do next and how to get back on track after your case is resolved.
Frequently Asked Questions
What happens if someone refuses to take a breath or blood test in Florida? If a person refuses to take a breath or blood test in Florida, their driver’s license will be automatically suspended for one year for a first refusal and 18 months for subsequent refusals. Additionally, refusal can be used as evidence in court, potentially leading to a DUI conviction despite the absence of a test result.
Can someone challenge the suspension of their driver’s license after a DUI arrest? Yes, a person can request a formal or informal review hearing with the Florida Department of Highway Safety and Motor Vehicles within 10 days of their arrest to challenge the suspension of their driver’s license. During the hearing, they can argue against the suspension and present evidence or witnesses to support their case.
Does a DUI conviction in Florida result in a permanent criminal record? Yes, a DUI conviction in Florida typically results in a permanent criminal record. Florida law prohibits the expungement or sealing of DUI convictions, meaning the offense will remain on the individual’s record indefinitely, which can impact future employment, housing, and more.
How does a DUI conviction affect car insurance rates in Florida? A DUI conviction in Florida usually results in significantly higher car insurance rates. Insurers classify convicted drivers as high-risk, leading to increased premiums that can last for several years. Some insurers may even refuse to renew coverage, forcing the individual to seek specialized high-risk insurance.
Resources
Florida Statutes Section 316.193 – This specific Florida law outlines the rules and penalties related to drunk driving in Florida. It specifies the legal blood-alcohol limit and the punishments for first, second, and subsequent offenses, which include fines, imprisonment, and mandatory installation of ignition interlock devices. The law also covers the consequences for causing property damage, injury, or death while driving under the influence.
Ways to Get Home Safely – The National Highway Traffic Safety Administration provides practical tips for safely getting home without driving under the influence. It covers options like ride-sharing, public transportation, and walking, with an emphasis on safety precautions such as confirming your ride, wearing seat belts, and avoiding risky behaviors like walking while impaired.
Blood Alcohol Level – This resource from the National Library of Medicine explains how blood alcohol tests work and what the results mean. It discusses the implications of different blood alcohol levels, ranging from sobriety to dangerous intoxication. The page also covers the potential legal and health consequences of having high blood alcohol levels, including DUI charges and alcohol poisoning.
Florida DUI Statistics and Rates – This resource provides a look at DUI statistics in Florida, including the number of cases, regional variations, and demographics. It highlights the rates of DUI-related accidents, fatalities, and the associated costs.
Hire a High BAC Defense Attorney in Brevard County, FL
If you or a loved one have been charged with a DUI you need to contact an experienced DUI defense attorney immediately.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
