Florida DUI Over .15 Lawyer

If you have been arrested for a DUI Over .15 offense in Florida, it is a serious, life-changing situation, and you need the best defense strategy possible. In Florida, the legal blood alcohol concentration (BAC) limit for drivers is 0.08. However, if a driver is found with a BAC of 0.15 or higher, Florida law imposes enhanced DUI penalties. These stricter laws target drivers considered highly intoxicated due to the significantly elevated risk to public safety and punishments can be severe.

As soon as you are charged with a DUI, the prosecution starts to obtain evidence and build a case against you. If you are convicted, you will have to deal with repercussions that can negatively impact the rest of your life. Not only will you face fines, probation, and jail time, you will have a permanent criminal record that can damage your family and relationships, ruin prospects for education and a career, and keep you from obtaining benefits such as a student loan, a professional license, and housing and immigration benefits.

Your future is too important to risk, so it can be a mistake to attempt to handle these charges on your own. Get help from a skilled DUI defense attorney, who knows the laws and the system and can go up against prosecutors and fight for your rights and your freedom.

Why Choose Taracks & Associates?

When it comes to defending against serious DUI charges, the attorney you choose to represent you can make a great deal of difference in the outcome of your case. Here are some reasons to choose our firm:

• We are experienced. With more than 30 years of experience on our side and an impressive record of success in defending and representing our clients, our Tampa lawyer is equipped to handle all types of cases, including the most serious of felony offenses.
• Barry Taracks has a long history of practicing in both state and federal courts. He has handled more than 10,000 cases and has acted as lead attorney in more than 185 jury trials.
• We know criminal law from both sides. With years of professional experience as a criminal defense attorney in Florida, your defense team from Taracks & Associates includes the former head of the Sex Offender Division of the Hillsborough County State Attorney’s Office. As a former prosecutor, your defense attorney understands how the other side will build and present their case, so we are well-prepared to create a strategic defense to protect your rights and future.
• We constantly strive to become more educated and informed in our field of practice. For example, Mr. Taracks became certified to operate the Intoxilyzer 5000, a device used to determine if driving under the influence of alcohol.
• We provide a personized approach to our clients, preparing each case as if it’s going to trial and ensuring that every legal avenue is explored.
• We offer free consultations to discuss the circumstances of your case and determine the best way to defend you.

Dui Defense Lawyer Explains What Is a Florida DUI Over .15

Driving under the influence (DUI) is a serious offense in Florida, and the consequences become even more severe when a driver’s blood alcohol concentration (BAC) is 0.15% or higher. This elevated BAC level triggers enhanced penalties under Florida law. Florida Statutes Section 316.193 defines DUI as driving or being in actual physical control of a vehicle while:

• Impaired by alcohol or drugs, or
• Having a BAC of 0.08% or higher.

However, if your BAC is 0.15% or above, it becomes what’s considered an aggravated DUI, resulting in enhanced penalties, even for first-time offenders.

Punishments for a DUI Over .15

Florida law mandates enhanced penalties for DUI convictions with a BAC above .15. These punishments increase in severity compared to standard DUI offenses:

First Offense

• Fine: $1,000 to $2,000
• Jail: Up to 9 months (can increase to 12 months in some cases)
• Community Service: Minimum 50 hours
• License Suspension: 6–12 months
• Ignition Interlock Device (IID): Required for 6 months, so you cannot start your vehicle without testing
• Probation: Up to 1 year (may include mandatory DUI school or substance abuse counseling)
• Vehicle Impoundment: Up to 10 days

Second Offense

• Fine: $2,000 to $4,000
• Jail: Up to 1 year
• IID: 2 years required if seeking license reinstatement

Third or Subsequent Offense

• Fine: Minimum $4,000
• Jail: Longer sentences, up to five years if third offense occurs within 10 years
• IID: 2 years or more

Additional penalties can apply if there was a minor present in the vehicle or property damage/injury resulted from the DUI.

DUI Defense Lawyer Uses Common Defenses to a DUI Over .15 Charge

While a BAC over .15 triggers stronger penalties, it does not guarantee a conviction. Our attorneys use several defense angles, depending on the individual situation. These may include:

• Challenging Test Accuracy: Questioning the reliability or calibration of the breathalyzer or blood testing equipment. Breath testing devices must be properly calibrated and administered by trained personnel. Any deviation can result in false BAC readings.
• Procedural Errors: Highlighting improper police stops, lack of probable cause, or failure to follow proper procedures for evidence collection. If the officer lacked probable cause to pull you over, any evidence obtained afterward may be inadmissible.
• Tolerance or Medical Explanations: Medical conditions like GERD (acid reflux) or a ketogenic diet or certain oral products can sometimes cause false high BAC readings.
• Field Sobriety Test Errors: Improperly conducted or subjective sobriety tests can be challenged as unreliable
• Rising Blood Alcohol: Arguing the BAC was below .15 at the time of driving but increased by the time of testing.
• Violation of Constitutional Rights: Any violations of Miranda rights or unlawful search or seizure. Law enforcement is required to inform you of your right to remain silent and right to an attorney if questioned about the crime. Failure to read Miranda rights or other procedural violations can lead to suppression of evidence under the exclusionary rule. An experienced DUI attorney will scrutinize all aspects of your arrest and evidence to find and exploit such weaknesses.

How Can a Florida DUI Defense Attorney Help?

A DUI attorney plays a vital role in protecting your rights and minimizing the consequences. When you have our skilled attorneys on your side, we will start working on your behalf immediately. We will:

• Meet with you to learn the circumstances of your DUI arrest and determine the best way to move forward. We will evaluate the evidence, identify legal and factual weaknesses, and tailor a defense strategy for your case.
• Review and challenge evidence, including BAC testing procedures and police reports.
• File motions to suppress illegally obtained evidence.
• Negotiate with prosecutors for reduced charges or penalties or seek a plea to lesser offenses (e.g., reckless driving).
• Represent you in court. We ensure compliance with procedures and aggressively advocate on your behalf in court.
• Pursue diversion programs, probation terms, or alternative sentencing to avoid jail when possible.
• Help preserve your driver’s license, often by representing you in the DMV hearing. We can defend your right to drive in administrative suspension hearings.

Skilled legal representation can make a critical difference in both the outcome and the long-term consequences of your case.

Get Help from Our Florida DUI Criminal Defense Attorney

Both the United States and the state of Florida provide constitutional protections to individuals who have been arrested and taken into custody for questioning for being suspected of having committed a crime or offense. One of your first rights is to ask for an attorney who can make sure you are treated properly and help you avoid making mistakes that can give prosecutors a better case.

At Taracks & Associates, founding criminal defense attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by challenging the credibility and reliability of the evidence against you and building a defense tailored to your individual situation.

Our firm provides the support you need, and we will answer your questions and keep you informed all through the criminal defense process. Remember, you are innocent until proven guilty. Our goal is to analyze your situation, determine the best way defend you against DUI criminal charges, and aggressively fight for your rights and your freedom.

Call us to get started building the best defense for DUI over .15 charges.