High BAC DUI (0.15 or Higher) in Florida
Florida law treats a DUI with a breath or blood alcohol level of 0.15 or higher more harshly than a standard DUI. The maximum fines and jail terms go up, an ignition interlock becomes mandatory, and the law limits plea options. The State still has to prove the case, though, and the reliability of that high number is often the central question. Here is what section 316.193 and related statutes say.
Enhanced penalties under section 316.193(4)
Section 316.193(4) applies when a person is convicted of DUI and had a blood or breath alcohol level of 0.15 or higher. The same enhanced penalties apply when a person under 18 was in the vehicle.
Standard DUI (s. 316.193(2)(a)) 0.15+ or minor in vehicle (s. 316.193(4)) First conviction: fine $500 – $1,000 $1,000 – $2,000 First conviction: jail (maximum) 6 months 9 months Second conviction: fine $1,000 – $2,000 $2,000 – $4,000 Second conviction: jail (maximum) 9 months 12 months Third or later conviction: fine see statute not less than $4,000
The statute says only the current offense has to involve a 0.15+ level for these enhancements to apply.
Mandatory ignition interlock
For a 0.15+ conviction, section 316.193(4)(c) requires the court to order an ignition interlock device. The interlock must be installed on all vehicles individually or jointly leased or owned and routinely operated by the convicted person. It is required for at least 6 continuous months for a first offense and at least 2 continuous years for a second offense, when the person qualifies for a permanent or restricted license. The person pays for it. For a standard first DUI, by comparison, an interlock is discretionary under section 316.193(2)(c).
Other consequences that apply to every DUI conviction
Probation: up to 1 year for a first conviction, with at least 50 hours of community service (s. 316.193(6)(a)).
DUI school: a DUI program substance abuse course and psychosocial evaluation, plus any referred treatment (s. 316.193(5)).
Vehicle impoundment or immobilization: 10 days for a first conviction, unless an exception applies.
License revocation: 180 days to 1 year for a first conviction (s. 322.28(2)(a)).
No withhold: adjudication cannot be withheld for DUI (s. 316.656(1)).
Plea limits at 0.15 and above
Section 316.656(2)(a) states that a trial judge may not accept a plea of guilty to a lesser offense from a person charged under the DUI statutes whose breath or blood test showed 0.15 or more. In practice, this can make a reduction to reckless driving harder to negotiate than in a lower-BAC case. How the provision applies to a particular plea is a question for counsel. See DUI vs. reckless driving.
In the Twelfth Circuit, the State Attorney's published DETER criteria assign first-time cases with a BAC between 0.15 and 0.20 to a higher sanction level. The criteria treat a BAC above 0.20 as an aggravating factor that disqualifies a case from DETER. Eligibility is at the prosecutor's discretion. See Sarasota DUI defense.
The license suspension is the same, but the deadline still matters
The administrative suspension under section 322.2615 for an unlawful level is triggered at 0.08, not 0.15. It is 6 months for a first suspension, with a 10-day window to request review or a restricted license. Read the 10-day rule and formal review hearings.
Questioning a high result
A high number can still be challenged. Common areas of review include:
FDLE compliance. An approved breath test requires at least two samples within 15 minutes with results within 0.020 g/210L, a 20-minute observation period, a permitted operator and an instrument inspected at least monthly (Fla. Admin. Code ch. 11D-8). Under section 316.1934(3), the test must be done substantially in accordance with approved methods.
The gap between the samples. Results near the 0.020 tolerance, or a required third sample, can warrant a closer look.
Blood testing. If blood was drawn, review the circumstances of the draw, how the sample was stored, the chain of custody and the lab analysis.
Timing. When drinking ended, when driving occurred and when the samples were given.
The stop and arrest. The lawfulness of the stop, the probable cause and the handling of statements. See field sobriety tests.
Read more about breath test defense and blew over 0.08.
Frequently asked questions
Is a 0.15 DUI a felony in Florida?
Not by itself. A high-BAC first or second DUI is still a misdemeanor with enhanced penalties. A DUI can become a felony for other reasons, such as a third conviction within 10 years, a fourth conviction, serious bodily injury or death.
Is the interlock mandatory for a first-offense 0.15 DUI?
Yes. Section 316.193(4)(c) requires at least 6 continuous months for a first offense when the person qualifies for a license.
Does a child in the car trigger the same penalties?
Yes. Section 316.193(4) applies the same enhanced fines and jail limits when a person under 18 was in the vehicle.
Can a high BAC case be reduced?
Section 316.656(2)(a) restricts a judge from accepting a guilty plea to a lesser offense when the test showed 0.15 or more. Talk with counsel about how this affects your options.
What if only one of my two samples was 0.15 or higher?
FDLE rules govern which results make up an approved test and how they are reported. Have counsel review the breath test affidavit and the full test record.
Talk with a DUI lawyer about a high BAC charge
Call (941) 920-5514 or request a free consultation with former prosecutor Daniel D. Nawara. Also see first DUI, second DUI and DUI fees and payment plans.
Updated October 1, 2026. General information only, not legal advice. Penalties depend on the facts and the law in effect on the offense date. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.
Sources: Fla. Stat. § 316.193, § 316.1934, § 316.656, § 322.28, § 322.2615; Fla. Admin. Code ch. 11D-8; SAO12 DETER.
Here are some informative links for Florida DUI: