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Attorney for DUI over .15  in Tampa, FL

Florida law provides for enhanced penalties if the driver's chemical test results indicate a blood or breath alcohol concentration (BAC) over .15. In many of these cases, the goal is getting the prosecutor to stipulate to a BAC below .15 so that the enhanced penalties do not apply. Last year, according to the Florida Department of Law Enforcement the average breath test reading was right at .15.

In many of these cases, if the criminal defense attorney can show problems with the breath testing procedures or instrument used, the court might agree to stipulate that the BAC was actually less than .15 but more than .08. Other defenses in the case can force the prosecutor to reduce the charges. For instance, the prosecutor can also agree to a two-level reduction to reckless driving. In some cases, the client wants to go to trial regardless of the stipulation or reduction.

The attorneys at the Sammis Law Firm are experienced in taking DUI cases to trial and negotiating with the prosecutor for the best possible offer to reduce the charges. Call to speak with one of the three attorneys at the Sammis Law Firm today about your case.

Call 813-250-0500 today.

Enhanced DUI Penalties for DUI with a BAC of .15

The prosecutor with the State Attorney's Office must allege a basis for the enhanced penalty in the charging document. The basis for the enhancement is an allegation that the BAC is over .15 percent.

The court in State v. Haddix explained the requirement:

"We believe the BAL (Blood Alcohol Level above .15) and the presence of a minor are essential facts constituting the offense charged which requires a factual determination by the jury or factfinder." State v. Haddix, 668 So.2d 1064 (Fla. 4th DCA 1996).

Provided below is a summary of the enhanced penalties for any driver convicted of DUI with a BAC over .15 (without a stipulation to a lesser charge):

  • First Offense for DUI Penalties
    • First Offense under .15 - The court has the option of ordering the Ignition Interlock Devise for up to six (6) months but it is not required; or
    • First Offense with a BAC of .15 or above - The court is required to order the Ignition Interlock Device for six (6) continuous months. See F.S. 316.193(4).
    • Second Offense with a BAC of .15 or above - The Ignition Interlock is required for Not Less than Two (2) Continuous Years. F.S. 316.193(4).
    • Misdemeanor and Felony - The Ignition Interlock is required for Not Less than Two (2) Years. F.S. 316.193(2)(b).

Finding an Attorney for a DUI with a BAL at .15 or Above

If you need to find an attorney in Tampa to represent you in a DUI case involving an allegation that your blood or breath alcohol concentration was over .15 then contact an attorney at the Sammis Law Firm.

We are experienced in representing clients charged with DUI after submitting to a breath test on the Intoxilzer 8000. We are also experienced in representing clients who submitted to a legal blood draw (or were subjected to a forced blood draw after a warrant was obtained). Call us to find out more about how to fight the breath or blood test reading to get it suppressed or excluded from evidence.

Call 813-250-0500 to talk with an attorney over the phone immediately or to schedule an office consultation.

This article was last updated on Wednesday, March 1, 2017.