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Southwest Florida

DUI Above .15 Lawyer

If you are convicted of a DUI in the State of Florida there is a minimum and maximum amount of jail time that can be imposed as well as a minimum and maximum fine that can be levied against you.  For instance, if you are convicted of a first DUI in Florida (meaning you have no prior DUI convictions) the minimum amount of jail you will have to do is 0 days and the maximum amount of jail you will have to do is 180 days, the minimum fine you will have to pay is $500 and the maximum fine you will have to pay is $1,000.

DUI Enhancers in Florida

However, when enhancers are present the maximum amount of time in jail goes up and so does the maximum fine. One sentencing enhancer is if you have a breath alcohol content or blood alcohol content of .15 or higher. If a person has a breath or blood alcohol content above .15 the potential penalties are more severe due to the increased level of intoxication. When the breath or blood alcohol content is .15 or higher the Prosecutor will generally seek a more severe sentence due to the high level of intoxication.

The enhanced incarcerative DUI penalties for a breath or blood alcohol content of .15 or higher are as follows:

  • First DUI – enhancement increases the maximum amount of jail from 180 days to 270
  • Second DUI within 5 years – enhancement increases the minimum amount of jail from 0 days to 10 days and the maximum amount from 270 days to 365 days
  • Second DUI outside 5 years – enhancement increases the maximum amount of jail from 270 days to 365 days

The enhanced fines for a breath or blood alcohol content of .15 or higher are:

  • First DUI – enhancement increases the minimum fine from $500 to $1000 and the maximum fine from $1000 to $2000
  • Second DUI within 5 years – enhancement increases the minimum fine from $1000 to $2000 and the maximum fine  from $2000 to $4000
  • Second DUI outside 5 years – enhancement increases the minimum fine from $1000 to $2000 and the maximum fine  from $2000 to $4000
  • Third DUI within 10 years – enhancement increases the minimum fine from $2000 to $5000 and the maximum fine from $4000 to $5000
  • Third DUI outside 10 years – enhancement increases the minimum fine from $2000 to $5000 and the maximum fine from $4000 to $5000
  • Fourth DUI within 10 years – enhancement increases the minimum fine from $2000 to $5000 and the maximum fine from $4000 to $5000
  • Fourth DUI outside 10 years – enhancement increases the minimum fine from $2000 to $5000 and the maximum fine from $4000 to $5000

If you are charged with an enhanced DUI the Prosecutor will likely be looking at your case differently than a standard DUI. The prosecutor will be able to take advantage of the statutorily enhanced punishments if you are convicted. If you are facing enhanced DUI charges in Fort Myers, Naples, Cape Coral, Port Charlotte or Punta Gorda contact an experienced Criminal Defense Lawyer from Viacava & Cantor today at 239-672-8934 for a free consultation to discuss the specific facts of your case.

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