You get your paperwork after a DUI arrest, and there it is: a breath-alcohol number like .167. If it is .15 or higher, that number does more than look bad. Under Florida law, it triggers a separate set of enhanced penalties, even on a first DUI. Here is what a .15 or higher reading actually changes, and why the number itself is worth scrutinizing.
Why .15 Is a Legal Line, Not Just a High Number
Florida law permits a DUI prosecution when a person's normal faculties are impaired or when an admissible blood- or breath-alcohol result is 0.08 or higher. A blood- or breath-alcohol level of 0.15 or higher creates an additional sentencing enhancement, as does having a person under 18 in the vehicle.
What the Enhancement Adds
The enhanced penalties for a .15 or higher reading typically include:
- Higher fines. The fine range is increased compared to a standard first DUI.
- A required ignition interlock. An ignition interlock device is generally mandatory, even on a first offense, for a set period once you are eligible to drive.
- Greater overall exposure. The elevated reading can influence the entire posture of the case, from negotiations to potential jail exposure.
It can also affect eligibility for certain resolutions. A first-offender diversion path, for example, may have breath-level limits, which is one reason the exact number matters so much. Our article on Palm Beach County DUI diversion explains how those programs weigh the reading.
A .15 Result Can Affect Plea Options
Florida Statute Section 316.656 restricts a trial judge from accepting a plea to a lesser offense from a person charged under the DUI laws when an admissible breath or blood test shows an alcohol level of .15 or higher. How that restriction applies depends on the charge, test evidence, prosecutorial action, and proposed resolution. This makes the validity and admissibility of the reported alcohol level important not only for sentencing, but also for potential negotiations.
The Number Is Not Always as Solid as It Looks
Here is what many people do not realize: a breath-alcohol result is not infallible. It depends on the machine being properly maintained and calibrated, the test being administered correctly, and the operator following the required procedures. Timing, medical conditions, and observation-period rules can all affect a reading. Because a .15 or higher result carries such specific legal consequences, the reliability of that number is often one of the most important things to examine in the entire case.
What This Means for You
If your paperwork shows .15 or higher, expect the state to seek the enhanced penalties, and take that seriously. But do not treat the number as the final word. Whether the reading holds up, whether the stop and testing were proper, and whether the enhancement truly applies are all fair questions. The number that raised the stakes is often the same number worth challenging. This article is general information about Florida law and is not advice about your specific case.
Is your breath reading .15 or higher?
The number drives the enhanced penalties, and the number is not always as solid as it looks. It is worth having the testing examined.
Last reviewed: August 2026