Jacksonville DUI Lawyers

  1. Bedell, Dittmar, DeVault, Pillans & Coxe: complex commercial litigation, products liability litigation, professional malpractice defense, federal and state criminal defense, construction litigation, federal and state appeals, inverse condemnation actions, environmental litigation, personal injury litigation, and defense of governmental entities
  2. 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? Before a trial is ever held, a DUI can be challenged on many kinds of constitutional, legal or administrative grounds, resulting in key prosecutorial evidence being thrown out by the state. We can aggressively challenge the stop, the field sobriety test, the Breathalyzer or blood alcohol measurement test findings and any statements you may have made to authorities. The State needs all of its evidence to seem credible, to prevent a dismissal due to lack of evidence and to put the best face forward to a jury with an ironclad case. If we are able to challenge even one facet of the state's case that results in evidence being suppressed, the state may be compelled to negotiate a deal, reduce to a lesser charge or even halt all proceedings against you. In DUI defense, winning one battle can result in winning the war. ... cast doubt as to the arresting officer's qualifications to administer the test, whether he or she truly knew what your true balance and coordination was and whether you had any physical disabilities that might have affected your ability to perform the test. You deserve to be absolutely sure that the test was reliable and admissible. Challenge Breathalyzers Failure to properly maintain Breathalyzer machines or to conduct tests according to standard testing procedures can result in your test being thrown out, regardless of its findings. ... question police observations, instructions, Breathalyzer operation and notifications of statutes such as Florida's implied consent law. Oversights on any of these aspects of your DUI arrest can shed doubt on the entire process and have your results thrown out. Challenge Statements It is important to watch what you say to an arresting officer, especially if you have been drinking. However, even if you do say something incriminating, we may still be able to suppress those statements. Generally, statements are challenged for either being obtained without informing a suspect of the right to remain silent or because they were made under Florida's accident report privilege.
  3. 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.
  4. Robert Ellis:

    10 Things You Should Know About a DUI Arrest

    1. You have only 10 days from date of arrest to contest your driver’s license suspension.
    2. 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.
    3. You have the right to thoroughly discuss all aspects of your DUI charge with an attorney before you plead guilty or no contest.
    4. 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.
    5. Was a breath, blood or urine test legally taken?
    6. Were you advised of your right to refuse a breath test and the consequences if you do so?
    7. Did the arresting officer have probable cause to arrest you?
    8. 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.
    9. 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.
    10. If you are not a U.S. citizen, a DUI conviction could result in deportation.


Return to Florida DUI Lawyers