BAC Over 0.15% DUI Defense in Tampa

A blood alcohol concentration (BAC) over 0.15% is treated as an enhanced DUI offense under Florida law. Even if it’s your first arrest, having a BAC nearly twice the legal limit exposes you to harsher penalties — including longer jail sentences, higher fines, and mandatory ignition interlock installation.

At Roussos Law Group, we defend clients accused of high BAC DUIs throughout Florida. Our team uses prosecutorial insight to identify procedural errors, challenge unreliable testing, and protect your rights from start to finish.

Understanding High BAC DUI Charges in Florida

Under Florida Statute §316.193(4), if your BAC is 0.15% or higher, or if a minor was in the vehicle at the time of arrest, your DUI is subject to enhanced penalties.

The prosecution must prove both that you were in control of a vehicle and that your BAC exceeded the statutory limit, based on breath, blood, or urine testing. However, testing errors, equipment calibration issues, or procedural violations can significantly affect the reliability of these results.

Enhanced penalties for BAC ≥ 0.15% may include:

  • Fines of $1,000–$2,000 (up to $4,000 for repeat offenses)
  • Up to 9 months in jail (12 months for a second offense)
  • Mandatory ignition interlock for at least 6 months (first offense)
  • Vehicle impoundment for 10 days or more
  • Driver’s license suspension up to one year
  • Mandatory DUI School and substance-abuse evaluation

 

Because a BAC over 0.15% triggers automatic statutory enhancements, immediate legal representation is critical to preserve your driving privileges and mitigate penalties.

Florida Penalties and Legal Consequences for High BAC Convictions

Beyond fines and jail time, a high BAC DUI conviction can impact nearly every part of your life — personal, professional, and financial.

Possible consequences include:

  • Criminal record and probation
  • Jail or community service requirements
  • Driver’s license suspension or revocation
  • Mandatory ignition interlock device (minimum 6 months)
  • Vehicle impoundment
  • Completion of DUI School and treatment program
  • Increased insurance rates (FR-44 certification required)

 

For repeat offenses or accidents involving property damage or injury, penalties increase dramatically. Some cases may even be elevated to felony charges.

This summary is provided for educational purposes and may not reflect recent statutory updates. Always consult an attorney for guidance specific to your situation.

How Roussos Law Group Can Help

At Roussos Law Group, we examine the science and procedure behind your DUI arrest. Breathalyzer and blood test results are not infallible — they rely on strict maintenance schedules, proper operator certification, and lawful administration.

We review:

  • Breath test calibration and maintenance logs
  • Chain of custody for blood or urine samples
  • Officer training and compliance with implied consent laws
  • Bodycam or dashcam footage for procedural errors
  • Probable cause for the traffic stop and arrest

 

Our goal is to ensure every aspect of your case is reviewed thoroughly, giving you the strongest possible defense under Florida law.

Steps to Take After a High BAC DUI Arrest

If your BAC test showed 0.15% or higher, take immediate action:

  • Contact a DUI defense attorney before speaking with law enforcement.
  • Request a DHSMV hearing within 10 days to contest the license suspension.
  • Document everything about your traffic stop and arrest while it’s fresh in your memory.
  • Do not post about your case or alcohol use online.
  • Enroll in DUI School promptly if required — it can help preserve limited driving privileges.

 

Quick, informed action can preserve options that disappear after the first 10 days.

Frequently Asked Questions

Is a BAC over 0.15% considered a felony in Florida?

No, not by itself. However, it enhances penalties for a misdemeanor DUI. It can become a felony if there are prior offenses or injuries involved.

Do I automatically lose my license for a BAC over 0.15%?

A license suspension is likely, but you may qualify for a hardship license if you act within 10 days to request a hearing.

Can breathalyzer results be challenged?

Yes. Breath tests can be affected by calibration errors, residual alcohol, medical conditions, or improper administration.

Will I need an ignition interlock device?

Yes, for at least six months for a first offense and longer for repeat offenders.

What if I refused testing?

Refusal may lead to separate penalties under §316.1932 and automatic license suspension, even without a DUI conviction.

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Frequently Asked Questions

Is a BAC over 0.15% considered a felony in Florida?

No, not by itself. However, it enhances penalties for a misdemeanor DUI. It can become a felony if there are prior offenses or injuries involved.

Do I automatically lose my license for a BAC over 0.15%?

A license suspension is likely, but you may qualify for a hardship license if you act within 10 days to request a hearing.

Can breathalyzer results be challenged?

Yes. Breath tests can be affected by calibration errors, residual alcohol, medical conditions, or improper administration.

Will I need an ignition interlock device?

Yes, for at least six months for a first offense and longer for repeat offenders.

What if I refused testing?

Refusal may lead to separate penalties under §316.1932 and automatic license suspension, even without a DUI conviction.