Does It Matter How Far “Over” the Limit You Are in a Florida DUI Case?

Recently, the Florida Highway Patrol arrested a 27-year-old Hillsborough County woman on suspicion of driving under the influence (DUI). The circumstances were notable. According to press reports, the suspect was driving the wrong way when the FHP pulled her over. And a subsequent breath test suggested she was intoxicated well past the legal limit in Florida.

The FHP trooper at the scene reported that he received an initial report about a wrong-way driver. The suspect was allegedly traveling northbound in the southbound lane of I-75. As the trooper sped towards the reported location, he identified an SUV approaching him “head-on.” When the trooper then activated his emergency lights and sirens, the suspect then “reportedly tried moving her vehicle around the patrol car.” Eventually, the suspect pulled over onto the shoulder of the road.

During the subsequent traffic stop, the trooper said he observed signs of alcohol impairment in the suspect, “including bloodshot, water and glassy eyes along with a strong odor of alcohol coming from her breath..” The suspect agreed to a breath test, which returned a blood alcohol content (BAC) reading of 0.204 percent. This led to the defendant’s arrest on DUI and fleeing to elude a law enforcement officer.

DUI vs. Aggravated DUI in Florida

If you have spent any time behind the wheel, you probably know that operating a motor vehicle with a BAC of 0.08 percent or higher is illegal. This is the legal limit that applies to most Florida drivers. The suspect in the story above reportedly had a BAC that was more than twice that limit. Does that actually matter, however, when it comes to the criminal case against her?

Yes, it does. Florida law provides enhanced criminal penalties for persons convicted of what is considered “aggravated” DUI. One way to trigger aggravated DUI is to have a BAC that is 0.15 percent or higher at the time of arrest. (The other way is to have a minor passenger in the car with you.) To break it down in practical terms:

• A regular DUI–i.e., a DUI with a BAC of 0.08 percent or higher–carries a maximum sentence of up to 6 months in jail and a fine of between $500 and $1,000 for a first offense.
• An aggravated DUI–i.e., a DUI with a BAC of 0.15 percent or higher–carries a maximum sentence of up to 9 months in jail and a fine of between $1,000 and $2,000 for a first offense.

The penalties for both regular and aggravated DUI increase with each subsequent conviction.

Contact a Fort Lauderdale DUI Lawyer Today

The penalties for any drunk driving conviction in Florida can have a serious impact on your life. That is why it is essential to work with a qualified Fort Lauderdale DUI lawyer who can advise you of your rights and defend your interests in court. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Source:

wtsp.com/article/news/crime/wrong-way-driver-i-75-dui-charge-double-legal-limit/67-a6697089-0e3f-4b82-8844-a2fb4ebdb291