What is an Enhanced DUI?

 

DUI, driving under the influence, is a serious crime. In Florida, the legal drinking limit is 0.08% BAC (blood alcohol concentration). Penalties for DUI may include temporary driver’s license suspension, jail time, defensive driving class, and fines. However, you will be facing enhanced penalties if your BAC is at 0.15% or higher. An enhanced DUI is much more serious and therefore there are stronger penalties in place if convicted. The first thing to do if arrested or charged with DUI is to speak to an experienced lawyer. Your attorney will be able to advise you as to the best way to proceed. Keep in mind that you should not volunteer any statements as they could be harmful if used against you in your case.

Enhanced DUI Penalties

The penalties for enhanced DUI are severe and may include:

  • Suspension of driver’s license
  • Ignition interlock device
  • Increased jail sentence
  • Increased fines
  • Alcohol rehabilitation program

If convicted you may have your driver’s license suspended for a period of up to a year (or longer if this is a second offense). Additionally, when you get your driver’s license back you may be ordered to use an ignition interlock device. This is a device that is installed on your vehicle’s ignition. In order to start the car you must blow into the device – the car won’t start if there is alcohol present. The device will record data that will be reviewed later. You are responsible for having the device installed and maintained from an approved source.

Fighting DUI

If you are charged with enhanced DUI it is essential to try to fight the charges. Remember that you won’t face penalties unless you are convicted so you should seek help from an experienced DUI attorney. One way to fight DUI charges is to contest the breath test. The breath test can sometimes be improperly given or the results may not be inaccurate. If you have been given a blood test you can request that you have your own test performed. This can be beneficial, especially when the original results were close to the cutoff point. When the breath test is in question it is possible that it will not be permissible evidence in your case. Without this evidence, the case against you may be weak and the prosecutor may decide not to pursue it. Your attorney will discuss the situation with the prosecutor to learn how the case will proceed. If your case goes to trial your lawyer will present the best possible defense.

Choosing a DUI Lawyer

One of the best ways to fight DUI charges is by choosing an experienced attorney. A lawyer who focuses on DUI cases understands all the current laws and knows the best way to resolve individual situations. Some people feel that because they have a BAC of over .15% the case is hopeless. In fact, this is not always true. There are many varied reasons why a case may be reduced. Each case is different and has a unique set of circumstances. However, with the potential consequences of conviction being quite high, it is always worthwhile to attempt to fight the charges. Your lawyer will review every aspect of your arrest to determine the best way to fight the case for the most favorable results.