Will a High BAC Level Lead to Additional Penalties in New Port Richey?

When writing about DUIs in New Port Richey, many reporters note the exact BAC level of the suspect. They may highlight BAC levels that are particularly high, stating that the defendant had a level that was two or even three times the legal limit. But do these details even matter in a criminal DUI case? Will the court give you a higher penalty just because your BAC level was much higher than 0.08? These are questions you might want to ask a DUI defense attorney in New Port Richey.

A BAC Level of .15 or Higher Triggers Enhanced Penalties 

In Florida, you might face enhanced penalties if your BAC was .15 or higher. This is also known as an “aggravated DUI,” and it can lead to up to nine months in jail. You may also face a fine of up to $2,000 for a first offense. If you commit a subsequent DUI with a BAC of .15 or more, you might face up to 12 months in jail and a fine of up to $4,000.

Florida’s DUI laws also state that the court “shall” immediately order you to install an ignition interlock device on your vehicle. You have to pay for this device yourself, which adds to the financial penalties of your DUI conviction.

In addition, the court “shall” complete a substance abuse course as part of a licensed DUI program. Part of this program must involve a psychological evaluation. Treatment is a condition of probation in this situation, and you must also pay for it yourself.

This is notably higher than the penalties for a “simple” DUI. If your BAC level is lower than .15, you only face up to six months in jail and a fine of up to $500 for a first conviction.

Note that there is no difference between a 0.08 BAC and a 0.15 BAC as far as criminal courts are concerned. At least within this range, you will not experience higher penalties for a higher BAC. That said, judges might be less lenient if you recorded a BAC verging on the 0.15 level.

A High BAC Level Isn’t the Only Thing That Can Increase Penalties 

You should know that a high BAC is only one factor that may lead to enhanced penalties. Courts also consider whether you were driving with a child in your car. They might also consider whether you caused injuries, deaths, or property damage while intoxicated.

Can a DUI Defense Attorney in New Port Richey Help Me? 

Regardless of your BAC level, a New Port Richey DUI defense lawyer should be able to help you. If your BAC level was particularly high, you might face enhanced penalties in Florida. However, this reading may be inaccurate. Perhaps the arresting officer did not calibrate the breath test device properly, and this might explain the high result. To explore potential defense strategies in more detail, contact Athanaselos & Associates today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

stateofflorida.com/dui-information/