Jacksonville, Florida
DUI/DWI
We are able to help lessen the impact of driving under the influence (DUI) for many people. Often, a person charged with DUI/DWI has never been in trouble before. The information below gives a brief overview regarding a DUI/DWI in Florida. The penalties for a second, third or fourth DUI/DWI are more severe and often the State seeks jail time. Please call our DUI defense lawyer to see how we can help.
The State’s case against the driver usually begins when the police officer stops the driver. For a traffic infraction such as speeding, weaving in the lane, or violating a traffic control device. Once the stop is made, the officer observes how the person exits the car, how the person produces their driver’s license, and whether or not they smell of alcohol or drugs.
If the officer suspects impairment, he asks the individual to perform a field sobriety test. This is a series of physical agility exercises which require an individual to do more than one thing at a time. There is nothing in the law that says that a driver has to take these tests. Often the driver feels they did well on the test but still gets arrested.
If the officer suspects impairment, he places the person under arrest and takes to jail for an opportunity to take a Breathalyzer exam. The breath test measures a person’s breath or blood alcohol level. EVEN IF THE PERSON BLOWS BELOW A .08 THEY ARE PLACED IN JAIL. If a person blows below .08, they are also asked to take a urine test to determine whether or not they have a controlled substance in their system. If a person refuses a breath, blood, or urine test, their license is suspended for one year for the first refusal. If the person has refused one of these tests in the past, their license is suspended for 18 months.
This suspension is by the Division of Highway and Safety and Motor Vehicles and is separate from the suspension that the person faces if they are convicted for driving under the influence (DUI) in court. A person has 10 days to set a hearing to contest the Highway Safety and Motor Vehicles suspension. Once 10 days have run, the individual is barred from challenging the suspension.
Many people assume that if an individual has never been in trouble before that the State of Florida will allow them to plead to a lower charge. The Fourth Judicial Circuit (Duval, Clay, and Nassau Counties) leads the state in DUI/DWI convictions.
In Florida driving under the influence while impaired is a criminal offense. The State can prove DUI/DWI two ways: 1) by an unlawful blood or breath alcohol level of .08 or above or 2) by proving impairment of normal faculties. The penalties upon conviction are the same regardless of how the offense is proven.
The penalties for a first DUI/DWI are a fine between $250.00 to $500.00, plus court costs. For a person whose blood or breath alcohol level is .20 or higher or accompanied in the vehicle by a person under the age of 18 years is $500.00 to $1,000.00, plus all mandatory fees and court costs. Additionally, a person is placed on probation not to exceed one year. While on probation, the law requires a person perform at least 50 hours of community service, a six month to one year driver’s license revocation, a 10-day impoundment of the motor vehicle, and DUI school. Additionally, the driver can be sentenced up to six months in jail. With a blood or breath alcohol level of .20 or higher or if accompanied in the vehicle by a person under the age of 18 years, a nine-month jail sentence may be imposed.
Most people don’t know that they are not legally obligated to take any DUI/DWI test while out in the field. In this instance, police may escort the driver to a police station where he or she must then undergo DUI/DWI testing. A test that results in a 0.08% or higher blood alcohol level, evidence of impairment of one’s normal faculties, or a complete refusal to take the test can lead to a DUI/DWI charge and the suspension of one’s driver’s license.
A good DUI defense lawyer can help determine whether police followed proper procedures when they asked you to take a DUI/DWI test. A criminal defense lawyer can also argue the validity of your test results and determine whether any of your constitutional rights were violated during your DUI/DWI arrest. They may even be able to get your DUI/DWI charges dismissed against you.
Contact any one of our two Jacksonville, Florida criminal defense offices for more info.
