A .24 blood alcohol concentration exceeds Florida's legal limit of .08 and is well above the enhanced penalty threshold of .15 established in Section 316.193 of the Florida Statutes.
A person with this amount of intoxication in their blood is severely impaired; body and brain functions are so affected that motor skills, reaction time, and coordination are heavily compromised.
The Law Offices of Sean M. Cleary represents victims who are injured due to the negligence of intoxicated drivers, seeking compensation as well as punitive damages if the driver knew that the public would be endangered.
Enhanced Criminal Penalties for BAC Above .15
Florida law imposes enhanced penalties when BAC reaches or exceeds .15. For a first DUI conviction with a BAC between .08 and .14, a fine between $500 and $1,000 will be assessed, as well as six months in jail. A first offense involving a BAC of .15 or higher will result in enhanced penalties, including fines of $1,000 to $2,000 and up to 9 months in jail. Drivers with BACs of .24 or higher fall under this enhanced penalty bracket, which may result in higher fines and longer jail sentences even on first conviction.
Legislation recognizes that drivers with BACs over .15 are much more dangerous to the public. A BAC of .24 results in severe impairment of motor control, judgment, reaction time, and the ability to identify hazards, which makes serious crashes more likely to happen.
Felony Charges When Impairment Causes Injury or Death
DUI with a .24 BAC that causes serious bodily injury to another person is punishable by up to five years in prison and $5,000 in fines. DUI manslaughter charges are filed when impaired driving leads to death, and they are punishable by 15 years in prison. If aggravating circumstances exist, such as leaving the scene, the sentence can be increased to 30 years.
BACs over .24 indicate a very severe impairment and are strong evidence of criminal responsibility, increasing the chances of felony prosecution. If this level of intoxication is present in a case of wrongful death or catastrophic injury, punitive damages are available to punish egregious conduct and deter future misconduct.
Administrative License Suspension and Insurance Requirements
Licensing suspensions are separate from criminal penalties. A first-offense DUI usually results in a license suspension of 180 days to one year. After reinstatement, drivers convicted of DUI must maintain FR-44 insurance, which requires higher liability coverage limits. Besides criminal fines, this requirement will significantly increase insurance costs in the long run.
For commercial drivers subject to the federal 0.04 BAC limit under 49 C.F.R. Section 382.201, a .24 BAC results in immediate removal from safety-sensitive duty and CDL disqualification consequences. Transportation industry workers are automatically disqualified by the federal government and terminated by their employers, effectively ending their careers.
The Law Offices of Sean M. Cleary Represents Victims of DUI Accidents
When it comes to personal injury and wrongful death cases, a .24 BAC provides strong evidence for punitive damages claims. Driving with a BAC three times the legal limit constitutes reckless disregard for others' safety, according to Florida courts. In drunk driving cases, punitive damages can amount to multiples of compensatory damages, particularly when the BAC level indicates extreme intoxication.
At The Law Offices of Sean M. Cleary, we represent victims of collisions caused by severely intoxicated drivers with blood alcohol concentration levels exceeding legal limits.
Our firm pursues both compensatory damages for medical expenses, lost wages, and pain and suffering, as well as punitive damages that hold extremely impaired drivers accountable for endangering public safety. Contact our Miami office for a free consultation about pursuing maximum compensation, including punitive damages, if you or a loved one has been injured by a driver with a high BAC.