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Jacksonville DUI Lawyers

• Luster, Reginald: Criminal Defense Law involves cases where the client has been jailed and/or accused of a criminal act, either a felony or misdemeanor, due to prosecution by the state or federal governments.
• Rosenblum, Mark: Among the options that can be explored are the following: * Challenging the validity of the traffic stop or arrest on constitutional grounds * Defending your case on the basis of forensic testimony relating to blood alcohol concentration or the maintenance and operation of the breath test apparatus * Negotiating a plea to a non-alcohol related traffic violation such as reckless driving, to avoid a license suspension and jail time * Representing you at an administrative hearing to attempt to avoid suspension of your license or to obtain a restricted driving privilege * Defending you before disciplinary and licensing boards if a DUI arrest or conviction exposes you to problems with your professional license
• Price & Johnson: The penalties for D.U.I. are severe.
• Shafer, Robert: With so many avenues for defense, do not simply plead guilty. The penalties are too severe Ð up to 180 days in jail, a $1,000 fine and a six-month license suspension -- for a first offense. DonÕt take chances with your future. See what experienced DUI lawyers can do for you.
• Morrow, Robert: ÒThe hiring of a lawyer is an important decision that should not be based solely upon advertisements.
• Luca Law Firm: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
• Lockett, Lee: Suffering a DUI conviction can be burdensome to say the least, so aggressively defending it is crucial. The penalties are wide ranging and can include jail time, probation, license revocations, DUI school, community service hours, heavy fines and costs, just to name a few. Even if you blew into the breathalyzer machine, worry not! Studies have shown that such tests are unreliable and we will aggressively challenge the admissibility of such tests. Such a challenge can be based not only on the testing procedures themselves being shown to be insufficient or improperly administered, but any constitutional challenge to your stop or arrest that is successful will also result in a suppression of the breath tests. Additionally, the field side sobriety ÒtestsÓ (courts even refuse to refer to them as ÒtestsÓ) are often times considered to be scientifically unreliable and are easily challenged in court.
• Arnold Law Firm: Have you been arrested for DUI or drunk driving in Jacksonville or elsewhere in Florida? Do you have doubts about how your police stop was conducted or the how the field sobriety or Breathalyzer tests were applied? Did you make statements to the police at the time of your arrest?
• Carr, Patrick: In technical terms, anyone can be arrested for DUI in Florida if he or she has more than .08 or more grams of alcohol per 210 liters of breath or .08 grams or more of alcohol per 100 milliliters of blood in his or her system. Depending on the defendant`s personal situation and history, the penalties for a DUI in Florida can be quite severe. A conviction for a first-offense DUI carries fines ranging from $250 to $500 and the potential for up to six months in prison. A second offense carries fines ranging between $500 and $1,000 and a conviction can also result in up to nine months in prison. A second conviction can also require a driver to place an interlock ignition device on the defendant`s car for a period of one year, and the defendant must pay all costs associated with this device. After a DUI conviction, the Òclock ticksÓ on the defendant for a period of ten years. If a person is convicted of a second DUI within ten years of the original offense, he or she will be convicted of a third-degree felony that carries a potential of up to one year in prison. A second conviction will also require the defendant to place an interlock ignition device on his or her car for a period of two years, and he or she must again pay all costs associated with the device. Field Sobriety Testing In Florida field sobriety testing is a standard part of almost any DUI stop and arrest, and although the constitutionality of these tests has been challenged several times, no definitive ruling has ever been made in this regard. Absent this type of ruling, states are generally free to impose their own regulations as they relate to field sobriety testing, and Florida is no different. In fact, Florida`s laws regarding field sobriety testing are among the most stringent in the United States. The state legislature made significant changes to this law in 2002, and these changes added the ability for prosecutors to add an additional misdemeanor charge to a defendant`s arrest if he or she refuses to cooperate with a field sobriety test and the defendant`s record includes any past instance of refusing to comply with field sobriety testing. DUI Penalties DUI penalties include fines, license suspensions and even time in jail in certain situations. The fines generally range from $250 to $1,000, but that does not include all of the additional costs of higher insurance rates, alternate transportation and perhaps the costs of interlock ignition devices in certain cases. Below is a schedule of suspension durations that result from a DUI conviction in Florida: Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S. ¥ A. First Conviction: Minimum 180 days revocation, maximum 1 year. ¥ B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above. ¥ C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above. ¥ D. Fourth Conviction, Regardless of When Prior Convictions Occurred and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement. ¥ E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. ¥ F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.
• Robert Ellis:

  10 Things You Should Know About a DUI Arrest

  • You have only 10 days from date of arrest to contest your driver’s license suspension.
  • You are responsible for any lapse in communication between you and the licensing bureau. Make sure you do not miss your court date despite the confusing forms you receive.
  • You have the right to thoroughly discuss all aspects of your DUI charge with an attorney before you plead guilty or no contest.
  • Police are required to follow certain procedures; failure to do so can result in a violation of your civil rights and a possible dismissal of charges.
  • Was a breath, blood or urine test legally taken?
  • Were you advised of your right to refuse a breath test and the consequences if you do so?
  • Did the arresting officer have probable cause to arrest you?
  • If convicted of a DUI, you will have a permanent criminal record for the rest of your life and could be sentenced to jail even in a first offense.
  • Amongst other penalties, a second offense DUI conviction could result in a mandatory jail sentence; a third offense DUI could result in a felony conviction and up to five years imprisonment.
  • If you are not a U.S. citizen, a DUI conviction could result in deportation.
• Charles Truncale: Not all cases go to the jury. In fact, most are resolved long before trial through concerted negotiations that take the quality of the prosecution's evidence against you into full account. If the defense shows the government how difficult any essential fact might be to prove, the chance for a favorable plea to a lesser charge improves. If the defense can demonstrate such weaknesses with respect to a number of essential facts, then the most serious charges might be dropped by the prosecutor or dismissed by the judge.
• Kevin Kobbin: when accused of a criminal charge it can be one of the most dire times in a personÕs life
• Lynn Martin: These days it is not uncommon for our office to encounter clients who are facing DUIÕs.Ê With tougher laws and tougher penalties for DUI offenses, it is more important than ever to seriously consider hiring an attorney to assist in the handling of this charge.Ê DUI convictions carry serious consequences as they can affect your privilege to drive temporarily, or for life depending on the circumstances.Ê Thus it is important to fully understand the charges, your rights, and the possible consequences. It is imperative that every DUI charge is carefully and thoroughly investigated.Ê There are usually multiple areas and issues to investigate other than the charge itself.Ê There are procedural, constitutional, statutory issues that must be reviewed to see, for instance, if there was probable cause to make a stop, to detain someone, to request field sobriety exercises, or to submit to a breath or blood test.Ê The breath or blood tests bring up further issues of maintenance and operation of machines involved in these tests, qualifications of the test giver, etc.Ê The services of a private investigator may be necessary to assist in investigating these areas. With most DUIÕs, both an administrative process and the criminal process can be pursued with the assistance of the attorney.Ê The administrative process is separate and is solely for the purpose of attacking the suspension of the driving privilege that occurs as a result of all DUI charges.Ê There will be a separate fee to handle an administrative hearing and/or appeal from any denials or negative rulings resulting from that hearing.Ê The attorney will determine whether the administrative process is in the clientÕs best interest to pursue.Ê In the criminal case, there may be motions that can be prepared and argued, which will be an additional fee from the fee required to handle the DUI up until trial.Ê A separate trial fee will be required and the amount will depend on the facts and circumstances, the police officers/agencies involved, the complexity of the circumstances, the driving record, number of witnesses, and other similar factors. Handling a DUI is a charge which you should not handle alone.Ê You need to be made aware of all of your rights, whether all legal requirements as to the procedural, constitutional and statutory issues in your case have been met, and an attorney can help with that information.Ê DonÕt go this alone.
• Robert Corse: If you have been charged with DUI in the state of Florida, you have only 10 days from the date of your citation to request an administrative hearing to contest your license suspension.
• Scott Nooney: If you have been arrested for drunk driving, the last thing you need is a condescending attorney.
• Hardesty, Tyde, Green & Ashton: Criminal.Ê The word alone can be fearsome.Ê Being charged with a crime can be devastating, and attempting to navigate the maze that is the Òlegal justice systemÓ overwhelming, especially without an attorney.Ê If you are charged with a crime, or think you are about to be charged with a crime, you need a criminal defense attorney.Ê It is that simple.Ê Not just any attorney will do.Ê HereÕs what you donÕt need: the advice of a family member who took a criminal justice course three years ago, the advice of a ÒjailhouseÓ lawyer, or the family friend who is a contract lawyer who agrees to Òhelp you out.ÓÊ You need a criminal defense attorney, one who has spent years honing his skills in and out of the courtroom practicing criminal law.Ê In many instances it is your liberty at stake, not to mention a criminal conviction, along with the possibility of devastating financial consequences.
• Makofka & Makofka: If you have been arrested for DUI, extreme DUI, or felony DUI, a knowledgeable attorney's representation can help you resolve the charges and protect your driver's license.
• Ronald Sholes: You have ten days after a DUI arrest to request a hearing on the suspension of your license...
• Olberdorfer Law Office: If the police have charged you with a crime, you need immediate and aggressive representation from an experienced criminal defense attorney.
• Robert Carl Davis: You should consult an attorney for individual advice regarding your own situation.
• Jason K.S. Porter: If you or someone you care about has been charged with Driving Under the Influence, the last thing you need is another judge of character. You want discreet, professional, and trustworthy representation to protect your rights and lead you through the legal process.
• Maria Rogers: Being charged with a crime is not an everyday experience for most working people in Florida. What will happen next? How can you be sure that your rights will be protected and that your side of the events will be given the attention it deserves?
• Kathryn Robbie: Almost every traffic violation becomes a misdemeanor or felony if it involves injury to a person or destruction of property. A person who changes lanes without signaling and hits another car can be charged with the misdemeanor crime of reckless driving or even vehicular homicide if the lane-changer was attempting to inflict serious bodily injury and the other driver is killed. In addition, some traffic offenses are legally defined as misdemeanors or felonies, such as driving with a revoked license and leaving the scene of an accident. A person accused of these more serious traffic offenses is entitled to all criminal procedures, including the right to a court-appointed attorney and a jury trial.
• James Hernandez:

  If I do not have any witnesses who will testify on my behalf, can I still win at trial?

  Yes. Defendants often go to trial without having anyone testify for them. This strategy allows the defendant's lawyer to focus on cross-examining the prosecution witnesses in order to poke holes in the prosecutor's case -- thereby creating reasonable doubt. Defense attorneys rely on a variety of arguments to discredit the prosecutor's witnesses. Some common arguments include:

  • Prosecution witnesses are biased against the defendant and therefore are lying or grossly exaggerating.
    
    
  • Prosecution witnesses are mistaken in their observations because the lighting was bad, they were under the influence of drugs or alcohol or they were too far away.
    
    
  • Evidence from police laboratories is unreliable because the machines were not properly maintained or the technicians were not properly trained.
    
    
  • Prosecution witnesses are lying to get a good deal on the criminal charges they themselves are facing (witnesses are often criminals who have been offered a deal if they testify against the defendant).

  What these arguments have in common is that they do not depend on defense evidence. Rather, they rely on the presumption of innocence and prosecutor's failure to overcome it by proving guilt beyond a reasonable doubt.

• Stone, Taylor & Associates: An arrest occurs when a person has been placed under restraint or has been taken into custody by a police officer. A person is placed under restraint when his or her freedom of movement is restricted by physical force or by a show of authority. The use of physical force occurs with the slightest touching or the application of physical force. A show of authority occurs when a police officer's words and actions operate as a command. An arrest does not occur when a person is free to leave or when the person feels that he or she is free to leave.
• Jonathan Rowe: If you fail to satisfactorily resolve your speeding ticket or any other traffic citation, more legal and insurance-related troubles may follow.
• Amy Newby: If you have been cited for DUI/DWI in Florida, you should know that the law gives serious consequences upon conviction. And these punishments drunk driving are even more severe for repeat offenders. A DUI sentence may require you to pay a substantial fine, serve some time in jail, or both. In addition to any fines or jail time, your driverÕs license may be suspended, even if it is your first offense. You will have to find alternate transportation and go through considerable effort to regain your driving privileges after a drunk driving conviction. To add insult to injury, many insurance companies will drop your motor vehicle coverage if you get a DUI. The companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights Ð and to do that, you need a lawyer who will work to stop these consequences from becoming reality.
• Charles Lembcke: While some states have ruled that DUI checkpoints are illegal under their state constitutions, the majority of states and the U.S. Supreme Court have ruled that brief seizures at DUI sobriety checkpoints are legal when conducted in a particular manner. In 1990, the Court upheld a state's use of highway sobriety checkpoints as consistent with the Fourth Amendment in Michigan Department of State Police v. Sitz, where: 1. The checkpoints are selected pursuant to guidelines; and 2. Uniformed officers briefly stop every vehicle. Analogizing highway sobriety checkpoint programs to the checkpoints used at fixed borders to intercept illegal aliens (which have also been upheld as constitutional), the Court reasoned that the level of intrusion from sobriety spot checks is minimal when compared to the magnitude of the public interest in eradicating drunk driving.
• Connie Clay: Legally, a person does not have to be falling down drunk to be convicted of driving under the influence. According to the law in Florida, a person is guilty of DUI if the person is driving or in actual physical control of a vehicle and is under the influence of alcoholic beverages or certain chemical or controlled substances to the extent that the personÕs normal faculties are impaired. Additionally, a person is guilty of DUI if the person is driving or in actual physical control of a vehicle and has a breath or blood alcohol level of .08 or more grams of alcohol. A person can be found guilty of DUI even if the person is not driving the vehicle. If the person has the ability and power to direct or regulate the vehicle in question at the time of the offense, whether the person is actually using that ability and power or not, the person can be found guilty of DUI. For instance, if a person is behind the wheel of a car with the keys in the ignition, the person is in actual physical control of the car even if the car has not been started. There are certainly six jurors somewhere who would not convict the person of DUI, but a police officer would have the authority to make an arrest under these circumstances if the person were under the influence of alcohol, chemical or controlled substances and the personÕs normal faculties were impaired.
• Judy Groover: Even a traffic ticket can be more serious than many people realize. What a driver thinks is Òjust a traffic ticketÓ can turn into a nightmare. Some traffic offenses can bring jail time, in addition to substantial fines. The nightmare does not stop there: conviction of a traffic offense may result in a substantial increase in your motor vehicle insurance premium. The increased premium will stay with you for several years. In some cases, your coverage may be cancelled completely.
• Teresa Sop: It is important for the lawyer to carefully investigate the charge and determine if the state can prove the charges. An attorney will determine whether probable cause existed for law enforcement officers to stop your vehicle, whether the officers followed standard protocol and legal requirements in questioning you, and whether probable cause existed to request you submit to a blood or breath test.
• Epstein & Roberts: To preserve your right to drive in Florida, you must request a hearing within 7 days after your license has been taken from you by an officer. An administrative hearing must be initially scheduled within 60 days.
• Hardesty & Tyde: In Florida, driving under the influence can be proved against an individual by proving that the person drove while their normal faculties were impaired or that they had an unlawful blood or breath alcohol level of .08 or above.
• Kevin S. Sanders: Keep in mind that the charge is driving under the "influence". The term "influence" is not restricted to the designation of alcohol. One could be driving under the influence and arrested for the same if they improperly or properly take medications. Additionally, one could be driving under the influence if they have been using an illegal substance such as a narcotic or marijuana. The police have tests which will determine what is "influencing" your driving and you are required, by law, to submit to such tests or forfeit your driving privilege.