Facing a DUI charge in Florida with a blood alcohol level (BAL) of .15 or higher is a serious matter with significant legal implications. This article explores the relevant statutes, potential penalties, the criminal case process, common defenses, and why you need experienced legal representation.

Key Florida Statute and Legal Definitions

Florida Statutes § 316.193 - Driving Under the Influence

The primary statute governing DUI offenses in Florida is Florida Statutes § 316.193. This statute outlines the elements of a DUI offense and the penalties for various levels of impairment. According to § 316.193, a person is guilty of driving under the influence if they are in actual physical control of a vehicle and have a BAL of .08 or higher, or if they are impaired by alcohol or other controlled substances.

Elevated Penalties for BAL of .15 or Higher

The statute specifies enhanced penalties for individuals with a BAL of .15 or higher. This higher level of impairment is considered more dangerous and thus carries more severe consequences. The statute mandates increased fines, longer jail sentences, and additional requirements such as the installation of an ignition interlock device.

Relevant Legal Definitions

  • Blood Alcohol Level (BAL): The concentration of alcohol in a person's bloodstream, measured as a percentage.
  • Ignition Interlock Device: A breathalyzer device installed in a vehicle that requires the driver to pass a breath test before the engine will start.
  • Actual Physical Control: Being in or on a vehicle and having the capability to operate it, even if the vehicle is not moving.

Potential Fines, Jail Time, Probation, and Other Consequences

Fines

For a first-time DUI offense with a BAL of .15 or higher, the fine ranges from $1,000 to $2,000. For a second offense, the fine increases to between $2,000 and $4,000. Third and subsequent offenses carry even higher fines.

Jail Time

  • First Offense: Up to 9 months in jail.
  • Second Offense: Up to 12 months in jail.
  • Third Offense: Classified as a third-degree felony, carrying up to 5 years in prison.

Probation

Probation is a common consequence of DUI convictions and often includes mandatory conditions such as:

  • Regular reporting to a probation officer.
  • Completion of a DUI school.
  • Community service hours.
  • Substance abuse evaluation and treatment.

Other Potential Punishments

  • Ignition Interlock Device: Mandatory installation for at least six months for a first offense with a BAL of .15 or higher.
  • Driver's License Suspension: Increased suspension periods, with a minimum of six months for a first offense.
  • Vehicle Impoundment: The vehicle may be impounded for a period as determined by the court.

The Criminal Case Process for DUI .15 or Higher in Florida

Arrest and Booking

The process begins with the arrest, typically following a traffic stop or checkpoint. If law enforcement suspects the driver is impaired, they will conduct field sobriety tests and a breathalyzer test. If the BAL is .15 or higher, the individual will be arrested and taken to jail for booking.

First Appearance

Within 24 hours of the arrest, the defendant will appear before a judge. The judge will inform the defendant of the charges, set bail, and address any other initial matters. Legal representation at this stage is crucial to ensure the defendant's rights are protected.

Arraignment

At the arraignment, the defendant will enter a plea of guilty, not guilty, or no contest. This is a critical stage where the defense strategy begins to take shape. Pleading not guilty will lead to the case proceeding to the pre-trial phase.

Pre-Trial Motions and Discovery

During the pre-trial phase, both the defense and prosecution will gather evidence and file motions. Common motions include motions to suppress evidence, which argue that certain evidence should not be admitted at trial due to issues such as unlawful search and seizure. Discovery involves the exchange of information between the parties, including police reports, witness statements, and test results.

Plea Bargaining

Many DUI cases are resolved through plea bargaining, where the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence. An experienced attorney can negotiate favorable terms and potentially avoid the most severe penalties.

Trial

If the case goes to trial, both sides will present their evidence and arguments. The prosecution must prove beyond a reasonable doubt that the defendant was impaired and had a BAL of .15 or higher. The defense will challenge the prosecution's evidence and present alternative explanations.

Sentencing

If convicted, the judge will impose a sentence based on the severity of the offense and the defendant's criminal history. The sentence will include fines, jail time, probation, and other penalties as mandated by the statute.

Common Defenses Against a DUI .15 or Higher Charge

Improper Traffic Stop

One of the most effective defenses is to challenge the legality of the traffic stop. Law enforcement must have reasonable suspicion to initiate a stop. If the stop was conducted without valid grounds, any evidence obtained as a result may be inadmissible.

Inaccurate Breathalyzer Test

Breathalyzer machines must be properly maintained and calibrated to provide accurate results. Challenging the accuracy and reliability of the breathalyzer test can cast doubt on the prosecution's case. Additionally, factors such as medical conditions or improper administration of the test can affect the results.

Field Sobriety Test Errors

Field sobriety tests are subjective and can be influenced by various factors, including the defendant's physical condition, weather conditions, and the officer's instructions. Demonstrating that the tests were improperly administered or that the results were unreliable can weaken the prosecution's case.

Medical Conditions

Certain medical conditions can mimic signs of intoxication. For example, diabetes, neurological disorders, and even certain medications can cause symptoms similar to impairment. Providing medical evidence to support this defense can be crucial.

Lack of Evidence

The prosecution must prove every element of the offense beyond a reasonable doubt. If there is insufficient evidence to establish that the defendant was impaired or had a BAL of .15 or higher, the charges may be reduced or dismissed.

Witness Testimony

Witnesses can provide crucial testimony that supports the defendant's case. This can include passengers in the vehicle, other drivers on the road, or bystanders who observed the events leading to the arrest. Their statements can help refute the prosecution's claims and establish reasonable doubt.

Call Musca Law For Your Free Consultation

If you are facing a DUI charge with a BAL of .15 or higher in Florida, it is essential to act quickly and seek the help of a skilled attorney. Musca Law, P.A. offers experienced DUI defense attorneys with a proven record of success. We provide free consultations 24/7/365 at 1-888-484-5057 and have 30 offices across the state of Florida to serve clients in all 67 counties. Protect your rights and future by contacting Musca Law, P.A. today for expert legal representation.