Are penalties greater for higher BAC levels?
Depending on the test results, yes. If you tested .15 or higher, your penalties will be stiffened, or “enhanced,” should you be convicted. The only strictly mandatory enhancement will be to require your participation in a nine-month alcohol rehabilitation program. In practice, judges will often increase fines and jail time for higher BAC levels on the assumption that the higher levels indicate a more severe problem or even addiction to alcohol, as opposed to a less serious lapse in judgment.
