DUI with Over .15 BAC or Child Passenger in Tampa
Powerful Defense When You Need it Most
In the state of Florida, there are heavier penalties for those arrested for driving under the influence of .15 BAC or higher. While the legal limit is .08 percent, those who test .15 percent or higher could face an enhanced sentence.
According to the Florida DUI Statutes,
(4) Any person who is convicted of DUI and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished:
(a) By a fine of: 1. Not less than $1,000 or more than $2,000 for a first conviction. 2. Not less than $2,000 or more than $4,000 for a second conviction. 3. Not less than $4,000 for a third or subsequent conviction.
(b) By imprisonment for: 1. Not more than 9 months for a first conviction. 2. Not more than 12 months for a second conviction.
Penalties for Over .15 DUI or DUI with Child Passenger in Florida
Ignition Interlock Device
Per § 316.1938 of the Florida Statutes, those convicted of this aggravated
form of DUI will have to install an
ignition interlock device (IID). This type of DUI arrest warrants IID installation for a minimum
6 months. If you are convicted of a second aggravated
DUI offense, you face IID installation for two continuous years but only if they also
qualify for license restoration or a restricted license.
DUI Probation
Per § 322.292 of the Florida Statutes, those convicted of this type
of DUI will also have to face probation that involves enrolling in a substance
abuse program at their own sole cost. Failure to comply with probation
can result in further restriction of driving privileges. For a first conviction,
probation will last a maximum of one year. Another probation requirement
for a first conviction of this nature is to fulfill at least 50 hours
of community service.
Imprisonment
A second offense within five years of the first will warrant vehicle impoundment
for 30 days. A third or subsequent conviction within ten years of the
first will warrant vehicle impoundment for a period of 90 days. The impoundment
or immobilization of vehicles will be of all vehicles that the defendant
owns. If imprisonment is also part of the person's sentence, the impoundment
period will not begin until the defendant has served the full term of
imprisonment.
Contact a Tampa DUI lawyer to defend against a conviction!
A DUI involving a BAC over .15 percent or involving a minor passenger is more serious than a regular DUI. In fact, it can be charged as a first degree misdemeanor. There is hope though. An arrest does not mean that you are guilty, and our Tampa lawyer is ready to fight for you so that you can maintain your innocence.
One way to defend against this type of DUI charge is to dispute the breath or blood test evidence. Chemical testing has a margin of error. By calling the chemical test results into question, we could succeed in getting your DUI charges reduced or dismissed completely. There are many methods we could use to defend against your charges. See how our Tampa attorney may be able to assist in your case by contacting Taracks & Associates today to receive a free case evaluation!
Because Quality Representation Matters
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Helping Clients with Their Legal Challenges for over 30 Years
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More than 10,000 People Helped
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185 Jury Trials Handled
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The Experience of a Former Prosecutor
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With more than 30 years of experience on both sides of the law, Attorney Barry Taracks has the knowledge and insight needed to build an effective defense for you.
Pursuing Great Results
Your Best Interest is Our Priority-
DUI and LSOA Reduced to Reckless Driving
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Professional Accused of DUI Reduced to Reckless Driving
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Client Charged with DUI AND DWLS Case Dismissed
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2 X DUI/Open Container Case Dismissed
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Charged with DUI Case Dismissed
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DUI Reduced to Reckless Driving
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DUI Reduced to Reckless Driving
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DUI Reduced to Reckless Driving.
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DUI Following a Traffic Accident Reduced to Reckless Driving
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3rd DUI Reduced to Reckless Driving