DUI (BAC over .15) in Pinellas
After being arrested for DUI in Pinellas County, FL, the arresting officer might ask you to submit a breath test on the Intoxilyzer 8000.
The breath test machine estimates your Breath Alcohol Concentration (BAC). If the reading is .15 or more, several problems arise.
First, you will not be eligible for the DUI Rehabilitation of Offenders Program (D.R.O.P.). Entering the D.R.O.P. diversion program reduces the DUI to reckless driving. In exchange for the reduction, you must agree to complete enhanced sanctions. If the BAC is .15 or above, you are NOT eligible to participate in D.R.O.P.
Second, a first DUI with a BAC over 0.150 requires the court to impose enhanced penalties, including a higher fine and installing the ignition interlock drive for six (6) to twelve (12) months.
The best way to avoid those enhanced penalties is to fight the DUI case in court. Your attorney might convince the prosecutor to stipulate that the BAC was below .15 so you can avoid the enhanced penalties.
Even better, your attorney can request that the charges are dropped entirely if the officer had no lawful basis for the stop, lacked probable cause for the arrest, or made other mistakes during the investigation.
Your attorney can file a motion to suppress evidence if the prosecutor disagrees. When insufficient evidence supports the charge, your attorney can file a motion to dismiss the DUI charge completely.
Of course, your attorney can also take the case to trial for a “not guilty” verdict.
Attorney for a DUI with a .15 BAC in Pinellas County, FL
If you were arrested for a DUI with a BAC over .15, contact an attorney at Sammis Law Firm. Our DUI defense attorneys in Clearwater, FL, perform an audit on each breath test.
We can look at the specific Intoxilyzer 8000 machine used in your case. We look at that machine’s maintenance, inspection, and repair records during the audit.
When we find problems, we can file a motion to exclude the breath test results based on a lack of substantial compliance with the administrative rules.
Visit Sammis Law Firm at 14010 Roosevelt Blvd #701, Clearwater, FL 33762. Our office is next to the Bureau of Administrative Reviews (BAR) office.
We can help you obtain a 42-day permit while we contest the administrative suspension of your driver’s license. We can also represent you in court while fighting the DUI charge.
Let us put our experience to work for you. Call 727-210-7004.
Penalty Chart for a DUI with a BAC Over .15 in Pinellas County
The Pinellas County courts have a chart explaining the penalties for DUI cases resolved in the Sixth Judicial Circuit. That chart provides the following:
| TYPE OF DUI CHARGE | TOTAL AMOUNT OF FINES & COSTS | PROBATION PERIOD | DRIVER’S LICENSE REVOCATION PERIOD | JAIL TIME | VEHICLE IMPOUND | OTHER MANDATORY PENALTIES |
|---|---|---|---|---|---|---|
| 1st DUI w/BAC .15 or higher | $1,518.00 §316.193(4)(a) | 12 months §316.193(6)(a) | 6 months to 1 yr §322.28(2)(a)1 | Up to 9 months §316.193(4)(b)1 | 10 days §316.193(6) (a-c) | DUI School, Evaluation & Treatment, 50 hrs Community Service, 6 months Ignition Interlock |
| 2nd DUI w/in 5 yrs, w/BAC .15 or higher | $2,558.00 §316.193(4)(a) | 12 months §316.193(6)(a) | Mandatory 5 yrs §322.28(2)(a)2 | Mandatory 10 days §316.193(6)(b) Up to 9 months §316.193(2)(a)2.b | 30 days §316.193(6) (b) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 2nd DUI outside 5 yr, BAC .15 or higher | $2,558.00 §316.193(4)(a) | 12 months §316.193(6)(a) | 6 months to 1 yr §322.28(1) | Up to 12 months §316.193(4)(b)2 | 10 days §316.193(6) (a-c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
| 3rd DUI w/in 10 yrs, w/BAC .15 or higher FELONY | $4,558.00 §316.193(4)(a) | Up to 60 months §775.082 | Mandatory 10 yrs §322.28(2)(a)3 | Mandatory 30days in PCJ §316.193(6)(c) Up to 5 yrs State Prison §316.193(2)(b) §775.082(3)(d) | 90 days §316.193(6) (c) | Multiple Offender DUI School/ Alcohol Evaluation & Treatment, 2 yrs Ignition Interlock |
Click here for a complete DUI penalty chart for Pinellas County, FL, which includes all DUI offenses except felony DUI manslaughter.
Read more about the punishments and penalties for DUI with a high BAC level over .15.
This article was last updated on Thursday, April 20, 2023.
