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Fort Lauderdale, FL 33315
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Excessive BAC DUI Laws In Florida


Most drivers are generally aware of Florida’s drunk driving laws, and you may even be familiar with the punishment for a conviction. If convicted for driving under the influence of alcohol (DUI), you face up to six months’ imprisonment, a fine ranging from $500 to $1,000, and a driver’s license suspension. The penalties increase for subsequent drunk driving arrests during the “lookback” period of five years. A conviction could mean felony charges, $5,000 in fines, and a year in jail for a third-time offense.

In addition, there is another scenario in which the punishment for drunk driving is enhanced: An excessively high blood alcohol concentration (BAC). The legal limit in Florida is .08 percent, but the statute imposes harsher penalties when a chemical test reveals a BAC of .15 percent or higher. If you were arrested for excessive BAC drunk driving, you will need a Fort Lauderdale DUI lawyer to assist with your case. Some information on the consequences should convince you why. 

Penalties for High BAC Drunk Driving Cases 

Consuming excessive levels of alcohol leads to impairment of motor skills, blurred vision, major loss of balance, and reduced judgment – so there are obvious implications for a motorist’s driving abilities. Because the dangers to others on the road are elevated, so are the penalties for a person convicted for having a BAC of .15 percent or above.

  • For a first-time excessive BAC drunk driving case, you face up to nine months in jail and a maximum fine of $2,000.
  • A second case for high BAC carries up to a year in jail, and a judge may order a fine up to $4,000.
  • If you are convicted for a drunk driving a third time with a BAC in excess of .15 percent, the fine increases to $5,000. As a felony, you may also be sentenced to a maximum of five years in prison.

Note that all excessive BAC drunk driving cases carry a driver’s license suspension. You may also be required to perform community service, attend DUI school, and install an ignition interlock device on your car. 

Other Types of Enhanced DUI in Florida 

A high BAC is not the only way that drunk driving charges can be more severe than a typical case. You could be arrested for enhanced DUI and face stiffer penalties for:

  • Having a minor child in the vehicle when pulled over for drunk driving;
  • Being involved in a car accident that leads to property damage; and,
  • Causing injuries to a victim or a fatality in a crash, including the death of an unborn child. 

Get Legal Help from a Florida Drunk Driving Defense Lawyer

After reviewing the above information, you can see that evidence from a breath, blood, or urine test will be critical to defending excessive DUI cases. If there are any anomalies, they may work to your advantage for a dismissal of the charges, acquittal after trial, or another favorable outcome. For more information on potential strategies, please contact attorney Kevin J. Kulik to set up a consultation at our Fort Lauderdale office.

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