Does a BAC of over 0.15 increase the penalties for a DUI charge?

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Question:

Does a BAC of over 0.15 increase the penalties for a DUI charge?

Answer:

In California, the difference is typically more days in jail (6 days instead of 2 for a first time DUI offense), a higher fine and more months of DUI school. You can get nine months of weekly DUI school if your BAC is above .15.

Depending on what state the offense takes place in and whether that state has an extreme DUI law, the penalties for a DUI conviction can be increased for any number of reasons.

  • Each state has its own statutes and regulations for DUI charges, though every state across the U.S. carries the standing limit of 0.08% BAC before you face arrest
  • In some states, when there is a DUI in which the defendant was found to have a BAC of over 0.15%, he may be charged with what’s known as a “gross” DUI. This could even result in the defendant being charged with a felony in some states, which certainly carries more serious penalties than a typical misdemeanor DUI charge would entail. 
  • Some states also carry DUI penalties for drivers who test under 0.08% when they are given a breathalyzer test. For instance, many states across the country abide by the ruling that if an individual who is under the age of 21 years old is pulled over by a law enforcement officer and tests a BAC of 0.02%, the minor may be charged with a DUI simply because of the fact that it is illegal for him or her to consume any amount of alcohol whatsoever. Other states also impose lower BAC levels for commercial drivers

If you are arrested for a DUI, regardless of how high your BAC is, it is essential you get legal help to deal with the charges pending against you.

References:

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