Elementary School Teacher Had BAC Nearly Three Times the Legal Limit
A Florida elementary school teacher is in hot water after being pulled over by police. According to law enforcement, her BAC was nearly three times the legal limit of .08. Police pulled over after they noticed that she was struggling to maintain a lane. In other words, she was driving on top of the lane markers. She has been charged with aggravated DUI.
Police say that the woman had slurred speech and there was a strong odor of alcohol on her breath. When they tested her using a breathalyzer device, she blew a .213 and a .214 which is more than double the legal limit.
Aggravated DUI in Orlando, Florida
The school teacher was charged with aggravated DUI based on the fact that her BAC was more than twice the legal limit. A simple DUI is any BAC that ranges between .08 and .15. Those with a BAC of .15 or higher can be charged with aggravated DUI. Aggravated DUIs carry stiffer penalties than simple DUIs. The sentence is roughly double that of a simple DUI.
How a DUI goes from simple to aggravated
In Florida, the term “aggravated DUI” doesn’t appear in the law. However, certain aggravating factors can lead to stiffer penalties under Florida rules. There are two different types of aggravated DUI. There is misdemeanor aggravated DUI and felony DUI. These rules can be found under Florida Statutes Section 316.193
To qualify under Florida’s aggravated DUI penalties, one of four requirements must be met:
- You must have a BAC of .15 or greater
- There must be a minor present in the vehicle
- The DUI resulted in property damage, bodily injury, or death
- You must have previous convictions for DUI
Penalties for aggravated DUI in Florida
The penalties for an aggravated DUI can be quite severe in Florida. Potential penalties for aggravating factors include a fine of between $1,000 and $2,000, up to one year in jail, and the suspension of your driver’s license, among other penalties. This is on the low end of the spectrum and it applies to cases in which the driver’s BAC was above .15 or there was a minor in the vehicle at the time of the accident.
If you cause property damage, injury, or death, the penalties are much more severe. In the case of injury, you can face felony DUI charges which are punishable by up to 5 years in state prison, substantial fines, and the revocation of your driver’s license. In the case of death, you can face a maximum of 15 years in state prison with a mandatory minimum sentence of 4 years. The recommended sentence for DUI manslaughter is around 10 years.
Talk to an Orlando, Florida DUI Lawyer Today
The Florida DUI defense attorneys at FL DUI Group represent the interests of those charged with DUI in the State of Florida. If you are facing aggravated DUI charges, you will need the help of a seasoned DUI attorney to fight the charges. Call our office right away to schedule an appointment, and we can begin going over your options immediately.