A breath or blood alcohol level of 0.15 or higher is the single number that turns an ordinary DUI into an aggravated one. At that threshold, under section 316.193(4), the fine and jail rise, a six-month ignition interlock becomes mandatory even on a first conviction, and the judge loses the power to accept a plea to a lesser charge. It changes both the penalty and the strategy.
| Penalty | What the law provides |
|---|---|
| Fine, first offense | $1,000 to $2,000, against $500 to $1,000 without the enhancement |
| Jail, first offense | Up to 9 months, against up to 6 months without it |
| Ignition interlock | Mandatory minimum 6 months on a first conviction |
| Plea restriction | Section 316.656 bars the judge from accepting a plea to a lesser charge at 0.15 or higher |
| Higher offenses | The enhanced fine and jail figures carry up the ladder to second and third offenses |
The enhancement applies to a breath or blood alcohol level of 0.15 or higher under section 316.193(4), Florida Statutes. The plea restriction is in section 316.656. Program terms last verified June 2026.
Why 0.15 changes the strategy
The reason a high reading matters so much is section 316.656, which prohibits a judge from accepting a plea to a lesser offense when the level is 0.15 or higher. That closes the usual reduction-to-reckless path that would otherwise be open on a first offense. So in a high-reading case, the defense often turns on the reading itself, because if the breath or blood result can be challenged or excluded, the enhancement and the plea restriction go with it.
The reading is not beyond challenge
A number on a printout is not the same as proof beyond a reasonable doubt. Breath testing has documented sources of error in the instrument, the operator, and the observation period, and blood testing depends on how the sample was drawn, stored, and analyzed. Those challenges are the heart of the breath test and blood test sections, and they matter most precisely when a high reading is driving the penalty.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in Florida. I have stood on both sides of a DUI docket, so I can give you a straight read on where your case sits on the penalty scale, whether a reduction or a diversion program is realistic, and what it takes to get there. Learn more about my background.
High reading questions
What happens if my BAC was 0.15 or higher?
A breath or blood alcohol level of 0.15 or higher triggers an enhancement under section 316.193(4). On a first offense it raises the fine to $1,000 to $2,000, raises the jail ceiling to nine months, and makes a six-month ignition interlock mandatory. It also bars the judge from accepting a plea to a lesser charge under section 316.656.
Why is 0.15 the magic number?
Florida singled out 0.15 as the threshold where a DUI is treated as aggravated. At or above it, the penalties rise and the law restricts the judge's ability to reduce the charge, which is why diversion programs generally cap eligibility at or below 0.15. Below it, the standard penalties and more flexible options apply.
Does a high reading block a reduction to reckless?
It makes it much harder. Section 316.656 prohibits a judge from accepting a plea to a lesser offense when the reading is 0.15 or higher, so the usual reduction-to-reckless path is largely closed unless the reading itself can be challenged. That is one reason attacking the breath or blood result matters most in high-reading cases.
Can the 0.15 reading be challenged?
Yes. The reading is only as reliable as the machine, the operator, and the procedure behind it. Breath testing has known sources of error, and blood testing depends on the draw, storage, and analysis. If the reading can be undermined or excluded, the enhancement and the plea restriction can fall with it.
Does the enhancement apply to repeat offenses too?
Yes. The 0.15 enhancement raises the fine and jail figures at the second and third offense levels as well, not just the first. The higher fine ranges in the penalty chart reflect the enhanced figures that apply when a high reading or a minor in the vehicle is present.
Related: the full penalty chart, a first DUI, a minor in the vehicle, challenging the breath test, and challenging the blood test.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida DUI penalties are set by section 316.193, Florida Statutes, and related statutes including sections 322.28, 322.271, and 316.656. Diversion and charge-reduction programs are run at the sole discretion of each State Attorney and can change at any time. Every case turns on its own facts, and past results do not guarantee a similar outcome.
