Extreme DUI Lawyer in Clermont
A .15 Test Result Raises the Stakes, but It Still Has to Be Examined
A breath- or blood-alcohol result of 0.15 or higher changes the potential consequences of a Florida DUI case, but it does not eliminate the need to examine the stop, arrest, testing process, and evidence behind that number.
Sometimes described as an “extreme DUI,” a high-BAC DUI is not a separate offense created by Florida law. Instead, Florida Statute § 316.193 imposes enhanced consequences when a person convicted of DUI had a blood- or breath-alcohol level of 0.15 or higher.
has defended Floridians against DUI charges since 2003. We address both the criminal case and the separate administrative driver-license issues that can follow an arrest.
Call (888) 835-5840 or contact us online for a free consultation about an alleged high-BAC DUI in Clermont. Hablamos español.
What Changes When the Alleged Alcohol Level Is .15 or Higher?
Florida DUI law begins at a blood- or breath-alcohol level of 0.08, or when alcohol, drugs, or certain chemical substances impair a person's normal faculties.
A result of 0.15 or higher creates an enhanced sentencing tier.
For a conviction involving the 0.15 threshold, Florida law provides:
- First DUI conviction: $1,000 to $2,000 in fines and up to nine months in jail.
- Second DUI conviction: $2,000 to $4,000 in fines and up to 12 months in jail.
- Third or subsequent DUI conviction: A fine of at least $4,000, with other consequences depending on the number and timing of prior DUI convictions.
The same enhanced sentencing provision applies when a person under 18 was in the vehicle.
These are statutory consequences after conviction, not predictions about a pending case.
Can a .15 DUI Be Reduced to a Lesser Offense?
Florida places an important restriction on high-BAC cases.
Florida Statute § 316.656 generally prevents a trial judge from accepting a guilty plea to a lesser offense when a breath or blood test showed an alcohol level of 0.15 or higher. The same statute prevents a court from withholding adjudication on a DUI conviction.
That makes the test evidence especially important.
A reported .15 or higher should be reviewed together with the testing records, legal basis for the stop and arrest, testing procedures, and any issues affecting whether the evidence can be used as alleged.
Our reckless driving defense page explains that DUI cases can sometimes involve lesser-offense discussions, but Florida law places specific limits on that possibility when a qualifying breath or blood result reaches the .15 threshold.
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Ignition Interlock Requirements After a High-BAC Conviction
An ignition interlock device tests a driver's breath before allowing a vehicle to start and can require additional samples during operation.
Florida requires enhanced ignition-interlock periods in certain DUI cases.
For a first DUI conviction involving a blood- or breath-alcohol level of 0.15 or higher, the device is required for at least six continuous months if the person is permitted to drive.
For a second DUI conviction involving the .15 threshold, the required period is generally at least two continuous years.
Other mandatory periods apply to third, fourth, and subsequent DUI convictions.
The exact requirements should be evaluated together with the conviction history and driver-license consequences rather than assuming every high-BAC case produces the same period.
Test Refusal Can Create Separate Consequences
Refusal cases require their own analysis.
Florida generally imposes an administrative driver-license suspension of one year for a first qualifying refusal and 18 months when the driver's privilege has previously been suspended for a qualifying refusal.
Current Florida law can also create a separate criminal charge for refusing a lawful breath or urine test after the statutory conditions and warnings are satisfied. A first qualifying refusal can be charged as a second-degree misdemeanor, while a second or subsequent qualifying refusal can be charged as a first-degree misdemeanor.
The administrative suspension and any refusal-related criminal charge are separate proceedings.
Prior DUI Convictions Can Change the Case Substantially
A .15 alcohol allegation is only one part of the penalty analysis.
The number and timing of prior DUI convictions can affect jail exposure, fines, ignition-interlock requirements, driver's license consequences, vehicle impoundment, and whether a current DUI may be charged as a felony.
A third DUI occurring within the applicable statutory period, for example, can present very different consequences from a first high-BAC DUI.
Our multiple DUI defense page addresses the additional issues created by repeat DUI allegations.
DUI Cases in Clermont & Lake County
Clermont is in Lake County, which is part of Florida's Fifth Judicial Circuit.
Misdemeanor DUI cases are generally handled within county-court jurisdiction, while felony DUI charges fall within circuit-court jurisdiction. The precise charge and procedural history determine which court process applies.
The Law Offices of Justin Rickman represents clients facing DUI and other criminal allegations in Clermont and Lake County. We develop a case plan early, explain realistic possibilities in plain language, and prepare clients for hearings and other stages before they occur.
Our attorneys and experienced legal staff also work to keep case information organized and clients updated as the matter progresses.
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We are a dedicated team of legal professionals committed to delivering strategic, timely, and results-driven solutions tailored to our clients' needs.
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Bang for Your Buck
We want you to receive maximum value for your legal investment - experienced representation, transparent pricing, and results that matter.
Get Clear Direction After a High-BAC DUI Arrest
We offer free consultations to people facing an alleged high-BAC DUI in Clermont or Lake County. Spanish-language service is available, and you can contact us by phone or through our contact form to discuss the charge and your immediate concerns.
We provide direct answers, realistic expectations, and a plan for addressing both the criminal case and related license issues. You will understand the next steps before deciding how to proceed.
Call (888) 835-5840 to schedule your free consultation with The Law Offices of Justin Rickman.