Fort Lauderdale personal injury attorneyA Fort Lauderdale personal injury attorney has seen his fair share of injuries due to drunk driving accidents.  In 2003, of the more than 42,000 traffic deaths, 40 percent were alcohol related. Twenty-two percent involved drivers where their blood alcohol content or BAC levels were in excess of .16 which is twice the legal limit of .08 and is also incredibly impaired.

At least 32 states have enacted high BAC laws, sometimes called extreme or aggravated drunk driving.  States with high BAC laws establish a two-tier system of drunk driving offenses.  The basic drunk driving limit is still set out .08 but the second, higher BAC level is established for drivers who are very drunk. Most states’ high BAC levels range from .15 to .20.

According to a South Florida personal injury lawyer, many states impose stiffer penalties for higher BAC level offenses, while other states make it a separate offense, with separate penalties.

The National Highway Traffic Safety Administration (NHTSA) believes that Higher BAC laws are effective.  In a study of Minnesota’s laws, enhanced sanctions for higher BACs, the NHTSA found that these laws worked.  Minnesota’s highest BAC threshold is relatively high at .20, but strong sanctions are making it more effective.  The research project found that the high BAC law lowered recidivism and refusal rates among high BAC first-time offenders.

Attorneys find it hard to prosecute a drunk driver if they do not have a BAC test result because juries want to know how drunk the driver was. However, nationwide about a quarter of the drivers refuse to be tested for their blood alcohol content when they have been pulled over for drunk driving.  In states like Louisiana, Ohio, Texas and Massachusetts the right of refusal is over 40 percent. In New Hampshire and Rhode Island, more than 80 percent of drunk drivers refused the BAC test.

Many states are now making it a crime to refuse a BAC test.  In Florida on the second refusal for a BAC test, it’s a first-degree misdemeanor which carries up to one year in jail and/or $1,000.

The high BAC rate in Florida is .20 and some of the penalties for being caught with a high BAC in Florida are jail time, hefty fines, court ordered rehabilitation and possible driver’s license suspension.

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