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DUI High BAC Laws Lawyers

 
Legal Topics > Criminal Law and Police > Automobile > Drunk Driving DUI/DWI

What are High BAC Laws?

Blood alcohol concentration (BAC) is a measure of how much alcohol is in an individual¿s blood.  All 50 states passed drunk driving DUI / DWI laws stating that a BAC level of 0.08 or more is illegal.  More than half of the states have imposed additional laws that imposed enhanced or additional sanctions for drivers with high BAC levels.

What is a High BAC Level?
States that have a High BAC level statute or rule impose enhanced or additional penalties for DUI offenders with higher BAC define ¿high BAC¿ differently.  The range is usually between 0.15 to 0.20 BAC. 

What Kind of Enhanced Penalties are Imposed Under High BAC Laws?
The types of sanctions for high BAC DUI offenders vary from state to state:

  • California ¿ High BAC > 0.20 
    • Courts may consider high BAC as a special factor in imposing enhanced sanctions and deciding whether or not to grant probation
    • Courts may consider high BAC in ordering an ignition interlock
    • High BAC offenders must participate in longer education programs before their licenses can be reinstated
  • Florida ¿ High BAC > 0.15
    • Courts may consider high BAC as a special factor in imposing enhanced fines and jail time
    • If the DUI offender has a BAC > 0.20, the judge cannot accept a guilty plea to a lesser offense
  • Illinois ¿ High BAC > 0.15
    • High BAC offenders must participate in longer education and treatment programs before license can be reinstated
  • New York ¿ No enhanced sanctions for high BAC offenders beyond normal DUI sanctions
  • Texas ¿ No enhanced sanctions for high BAC offenders beyond normal DUI sanctions

What Should I Do if I Am Arrested for Drunk Driving DUI/DWI?
If you are arrested for Drunk Driving DUI /DWI, you should speak to an experienced criminal defense lawyer immediately to learn more about your rights, your defenses and the complicated legal system.

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