Jacksonville DUI Lawyer

Florida Probable Cause in DUI Cases

This portion of DUI law actually affects all police officers regardless of the purpose of the arrest. Police officers must have probable cause to pull someone over: if they don’t, the charge may be dropped.

Common probable cause qualifiers:

• Driving at night with no lights on
• Failing to turn on a turn signal
• Speeding or swerving
• Seeing someone with an alcoholic beverage in hand

While there are plenty of ways that police officers can fulfill the requirement of probable cause in a DUI arrest, it is still a requirement of any traffic stop.

Typically, police officers will ask the person they pulled over something like, “do you know why I pulled you over?” This is a trick question and an attempt to show/prove probable cause if the case goes to court. Therefore, you should never respond to this question, as it may justify a made up probable cause.

What Are the Penalties for a DUI in Jacksonville, FL?

The penalties for a DUI in Jacksonville, FL depend on the severity of the offense and the driver’s prior record.

• First-time DUI offenders may face up to six months in jail, a fine of up to $1,000, and up to a one-year license suspension. (More info below!)
• Second-time DUI offenders may face up to nine months in jail, a fine of up to $2,000, and up to a two-year license suspension.
• Third-time DUI offenders may face up to 12 months in jail, a fine of up to $5,000, and up to a two-year license suspension.

What is the Penalty for a First DUI Conviction in Florida

The penalties for a first DUI conviction in Florida vary depending on the circumstances. Still, they can include fines of up to $1,000, up to six months in jail, a license suspension of six months to one year, and mandatory community service. 

If the driver's blood alcohol concentration (BAC) was 0.15 or higher, or if there was a minor in the vehicle, the penalties can be more severe, including up to nine months in jail and a license suspension of one year to three years.

In addition to the criminal penalties, a first DUI conviction can have several other consequences, such as increased insurance rates, difficulty getting a job, and loss of professional licenses. 

If you were under arrest for a DUI in Florida, you must speak with an attorney to discuss your legal options.

Many Floridians charged with drunk driving forgo hiring a DUI attorney thinking the ramifications of a DUI charge are light; however, a first offense DUI can lead to jail time!

This can result in a loss of a job, a loss of relationships, and lost time. Never forgo hiring a Jacksonville DUI attorney unless you are willing to pay the consequence.

Parking DUI Charges in Florida

Did you know that someone who is in the front seat of a car can be charged for DUI even if the car is not in motion? If you choose to wait out a buzz in your car, make sure you get in the back seat rather than the driver’s seat. The last thing you want to deal with is a DUI charge when you are trying to sober up before you drive.

Mounting a Solid DUI Defense in Jacksonville, FL

If convicted of DUI in Florida, you face jail/prison time, exorbitant fines, and other serious consequences if convicted. If you are convicted of multiple DUI, you face even harsher penalties.

Our Jacksonville DUI lawyers can utilize our in-house investigators and expert witnesses, as well as our extensive DUI defense experience, to build a strategic and personalized defense on your behalf.

Installation of an Ignition Interlock Device (IID)

An ignition interlock is a special type of device that keeps the car from being activated by testing your breath. If the system detects any traces of alcohol, the car will not start even if you turn the key in the ignition. Although this may seem confining at first, it’s for your good as it keeps you from getting into trouble with another DUI charge.

However, these systems are not cheap to install, nor are they paying the monthly fees that come along with them.

Pay Higher Insurance Premiums: SR-22 Insurance

If being fined for drunk driving wasn’t enough, you’ll also have to pay a lot more for your auto insurance. But we’re not talking about your basic car insurance. There’s a type of insurance for drunk drivers known as SR-22 insurance.

This form of insurance is one of the most extravagant policies you could ever pay for, as it can triple your premiums. SR-22 insurance is mandatory in certain areas. Even a Jacksonville DUI attorney can’t help you out of this.

Drunk Driving School Requirement

Finally, if you were charged with drunk driving, then you’re most likely going to have to attend DUI school. This is known as a drunk driving school, and completing it is the only way to get back your driving privileges. Like the other two DUI punishments, the school is not free, so you must pay the fees.

There are a variety of ways in which our Jacksonville DUI attorneys can help you if you have been arrested for drunk driving in Jacksonville or anywhere in Duval, Clay, and Nassau counties.

Challenging Police Evidence

One defense tactic we may employ (depending on the circumstances surrounding your case) is to challenge evidence gathered by law enforcement at the scene or at the police station.

Breathalyzer tests, blood tests, and field sobriety tests are often improperly administered or analyzed; our DUI lawyers in Jacksonville, FL can challenge the results of these tests, as well as the arresting officer’s reason for stopping you in the first place.

Refusing a Breathalyzer in Florida

If you refuse a breathalyzer test in Florida, you will immediately be subject to a mandatory license suspension. You will be unable to drive for at least one year. You will also receive a $500 fine. 

If you refuse a second or third time, you will be subject to an 18-month license suspension and possible jail time. A second or third refusal is considered a first-degree misdemeanor.

Drivers are legally required to submit to a breathalyzer test; however, there are a few exceptions to the implied consent law in Florida. 

For example, you do not have to take a breathalyzer test if you are unconscious or have a medical condition preventing you from blowing into the machine. 

You also do not have to take a breathalyzer test if you are under arrest by a police officer who does not have probable cause to believe you are under the influence of alcohol or drugs.

The Administrative Hearing

Upon being arrested for DUI in Florida, your driver’s license is automatically suspended. You are allowed to drive for the following 10 days on a temporary driving permit issued to you by the arresting officer. If you fail to request an ALR hearing (which is a separate process from the judicial ruling in your DUI case), your license will be suspended for no less than 6 months on the 11th day after your arrest. Our Jacksonville DUI attorneys can help you take swift action to request and prepare for your hearing.

Representing You Throughout the DUI Process in FL

At First Coast Criminal Defense, our Jacksonville DUI lawyers represent those accused of drunk driving in all aspects of the ensuing legal process, including in trial and in hearings. Whether it is your first time ever encountering the criminal justice system or you are facing repeat DUI offender charges, our legal team is here to provide you with the legal counsel and representation you need.

How Can a DUI Lawyer in Jacksonville Help Me?

If you were recently charged with a DUI, don't wait. Hiring an experienced lawyer to help you with your DUI charge is important for ensuring that you have all of the legal guidance that you need.

Your Jacksonville attorney has the skills and experience that are required to make sure that your rights and your future are protected.

Some ways that a DUI lawyer can help you include:

• Investigation: Your DUI attorney will be responsible for thoroughly examining your case and checking whether the police officer who arrested you appropriately followed the law.
• Evidence: Your attorney will have the skills that are required to collect evidence to sufficiently support your case. Evidence may include checking that laboratory procedures were followed correctly and that there were no mistakes made in chemical tests involved with your sample.
• Protection: Your attorney will be able to answer all of your questions and provide you with important legal advice that will ensure that your rights and your future are protected.
• Support: Your lawyer is not only a legal expert but someone who you can lean on psychologically during this challenging time.
• Representation: If your case gets taken to court, your attorney will be there to represent you and advocate for you on your behalf.

To learn more, contact us at (904) 474-3115 for a free consultation with one of our DUI lawyers in Jacksonville, FL.