Driving under the influence (DUI) can change your life for the worse. Depending on the damage done, the frequency of arrests, or if you have prior convictions. A DUI can close many doors of opportunities for you, especially if you have big plans or ambitions. Protect your rights by hiring an experienced Jacksonville DUI attorney.
Jacksonville DUI Attorney Fighting DUI Charges in Florida for years
Our criminal defense lawyers have extensive experience in criminal defense law with an impressive success rate. Our team of criminal defense attorneys is dedicated to helping defendants reclaim their rights and advocate for their justice.
Our legal team will thoroughly investigate the specifics of your case and provide you with the best legal defense strategy. With our vast knowledge of the criminal justice system, we successfully defended defendants accused of driving intoxicated.
The legal defenses applicable to your DUI case will vary depending on your arrest’s specific facts and circumstances. We will meticulously evaluate every aspect of your case and get our hands on all pieces of valuable evidence to help you build a compelling legal defense.
Why Choose Leon Law Firm to handle your DUI case in Jacksonville, Florida?
When facing DUI charges, the first step is to find an experienced criminal defense attorney who will guide and support you through the entire legal process. The Leon Law Firm has successfully defended clients against all types of DUI charges in Jacksonville, Florida, for many years.
We understand that being arrested and charged with a DUI can be a frightening experience. Our criminal defense lawyers will be by your side every step of the way, providing you with the legal guidance and support you need to navigate the complex criminal justice system.
If you have been arrested for driving under the influence in Jacksonville, Florida, contact our office today to schedule a consultation with one of our experienced DUI attorneys. We will review your case for free and discuss all of your legal options with you.
What is the Common Probable Cause in a Florida DUI Case?
In order to make a DUI arrest, the police must have probable cause to believe that you are driving under the influence of alcohol or drugs. Probable cause can be based on many factors, but these three are the most common:
- General observation: This can include things like swerving, speeding, or driving erratically. If the police see you driving in a way that makes them suspicious, they may pull you over to investigate further.
- Failed field sobriety test: If you are pulled over on suspicion of DUI, the police may ask you to perform a series of field sobriety tests. These tests are designed to assess your coordination, balance, and other physical abilities. Some of the most common field sobriety tests are the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus (HGN) test.
- Failed breath test: If the police believe you are DUI, they may ask you to submit to a breath test. This test measures the amount of alcohol in your system by measuring the amount of alcohol in your breath. If your breath test results show that you have a blood alcohol concentration (BAC) of .08% or higher, you will be arrested for drunk driving.
These tests are only preliminary assessments and are not always accurate. You still have a fighting chance to beat your DUI charges, even if you have failed one or more of these tests.
What are the Legal penalties for DUI Convictions in Jacksonville, FL?
Officers who have determined that the defendant has violated any of the applicable DUI charges can suspend driving privileges and confiscate their licenses. At this point, the offender will need DUI lawyers to help them with their case, even if this is their first offense.
Underage DUI - Zero Tolerance
The state of Florida’s stance on underage DUI is that they implement a “Zero Tolerance” policy which means that violators under the legal drinking age are not allowed to have any alcohol in their system while driving. The penalty for this kind of DUI can be particularly harsh since the law ultimately tries to crack down on underage drinking. An officer who discovers an underage DUI is duty-bound to apprehend the perpetrator.
The penalties for underage DUI include the following:
- Blood Alcohol Content (BAC) of .02% or above under 21 years of age. If this is a first offense DUI, arrested persons will have their licenses suspended for six months. If the offender has a prior DUI conviction, he will have a license suspension for a year.
- Refusal to undergo a breath or blood test for drivers under 21. If they refuse to submit to a breath or blood test, their driver will face license suspension for a year. If the driver had subsequent refusals to undergo these tests, he would have a license suspension for eighteen months or a year and six months.
- BAC of .08% or above for those under 21 years of age. For the first offense DUI, the fine includes 500 to 1000 USD and the driver’s license suspension for three months to a year. The cars used may also get impounded, and the offender might be sentenced to jail time up to six months in addition to fifty hours of community service.
- Under 18 years of age with a BAC of .02% and above. An offender may suffer a penalty of six months suspension of his driver’s license and a mandatory evaluation at an addictions institution or completion of a compulsory education program at a DUI school.
You should not take the punishment for DUI lightly. Those who choose not to get legal representation eventually regret it. Although a DUI lawyer may seem unnecessary at first, if you value your freedom, then you should start asking the question of where you can find a DUI lawyer near you.
Commercial Driver DUI
Commercial drivers in Florida enjoy unique benefits. However, driving under the influence can affect them much worse than regular drivers and could affect their careers and employment.
As a start, the penalties can include disqualification from driving commercial cars for a year and a disqualification reinstatement fee to resume their work as commercial drivers. The penalties only become worse as you commit more offenses.
The authorities can enforce the penalties on commercial drivers who violate the following traffic violations:
- Using a licensed commercial car to commit a felony;
- Driving a commercial vehicle under the influence of a controlled substance;
- Refusal to take blood, breath, and urine tests;
- Leaving the scene of the crime;
- Transportation of hazardous materials while under the influence; and
- Using a commercial license while driving under the influence.
Multiple DUI
For most DUI lawyers, first-time offenders are easier to manage than multiple DUI offenders. The law provides harsher penalties for those who repeatedly violate traffic regulations and show their disregard or disrespect for the law. New DUI attorneys will find it more difficult to provide legal assistance to offenders with multiple DUI cases.
Two DUI convictions within five years can be penalized with the following:
- Nine months to a year as jail time;
- Fines up to 4000 USD;
- Suspension of driver’s license for up to 5 years;
- Impounding the car for a month;
- A year of probation after serving a sentence;
- DUI school for advanced courses; and
- Forced ignition interlock device installation.
Three DUI convictions within a ten-year time frame can be penalized with the following:
- Five years imprisonment in a state jail;
- Fines up to 5000 USD;
- Suspension of license up to 10 years;
- Impounding the car for up to three months;
- Probation up to 5 years after prison sentence; and
- Two years of ignition interlock device installation.
A person arrested with more than three DUI convictions in FL is a third-degree felony in Jacksonville, Florida. It will damage your reputation, making it more difficult for you to get your life on track.
If you have a simple DUI or have been in an accident, you must find representation as soon as possible. Each offense has consequences, but sometimes, these consequences don’t need to be so harsh.
Driving Under the Influence of Drugs
An offender arrested for driving under the influence of drugs will suffer a more significant penalty than a drunk driver. Many clients of DUI attorneys think that DUI charges only apply to drunk driving, not knowing that they are committing a worse offense when the DUI is with drug offenses.
When the intoxication is due to a controlled substance, an officer can determine its use through observation and field tests. If the person fails this test, they can be subject to other tests such as blood and urine tests. The standard here is that the person’s normal faculties are impaired.
The first-time penalty for a DUI of drugs can be the following:
- Fines of up to 1000USD;
- Jail or imprisonment for up to six months;
- License suspension for up to a year;
- Community service of fifty hours; and
- Impounding the vehicle for ten days.
The problem with drug-related DUIs is the arrest of many people taking prescription drugs. People think that their prescriptions are valid DUI defenses. These arrests are good as long as officers observe that the driver is impaired. Law enforcement will have no choice but to arrest you under a Jacksonville DUI, and the penalties will still apply. You must contact DUI attorneys to sort this problem out if you have this kind of offense, especially in north Florida.
Out-of-State DUI Charges
The conviction can follow you to your home state if you are a tourist charged with Jacksonville DUI. You will be experiencing fines, suspension of documents, and even criminal convictions due to the different states having an agreement that will allow certain convictions to transfer between states.
The Non-Resident Violators Compact (NRVC) and the Driver’s License Compact allow the states to share information regarding people’s history and enable prosecution of out-of-state visitors. For example, if you get convicted in the fourth judicial circuit in FL, it will affect other states who are members of the agreement.
If you have been charged with a DUI for the first time and failed to appear for the charge, then Florida can inform your home state and have your documents unusable until you fix this problem. Even if your home state is not part of the 44 members of the NRVC, you can still be subject to extradition back to Florida to answer for the charge.
What are possible felony DUI Charges and Their Penalties?
If you can’t find a great Jacksonville DUI attorney to defend, you might have the worse DUI charges. These charges are more severe and will undoubtedly affect your life for the worse. If you can’t find a DUI attorney to help you out, then you might fall under the following scenarios:
- After three DUI charges, you are punishable by a fine of up to 5000 USD and five years imprisonment in state prison.
- Injury to another person while under the influence of intoxicating substances results in a third-degree felony. The penalty is a fine of up to 5000 USD and up to 5 years in state prison.
- DUI manslaughter constitutes a second-degree felonious charge and carries a penalty of up to 1000 USD and up to 15 years in state prison.
- DUI manslaughter with the aggravating circumstance of leaving the location of the crime is a first-degree felonious charge and is punishable by up to 10,000 USD in fines and up to 30 years in state prison.
- Vehicular homicide is a second-degree felony with a fine of up to 10,000 USD and a prison sentence of up to 15 years in state prison.
- Vehicular homicide with the aggravating circumstance of leaving the scene constitutes a first-degree felony. It is penalized by a fine of up to 10,000 USD and imprisonment of up to 30 years in state prison.
Can I refuse to submit to any roadside field sobriety test?
The simple answer to this question is yes. You may refuse to submit to roadside field sobriety tests but risk harsher penalties when convicted. However, it might still be in your best interest to decline to perform field sobriety tests, especially if there is a high chance for you to fail them.
These tests determine if you have full faculties over your mind and body. However, some officers tend to go over the top and use tests that are impossible to pass. If you think this happened to you, call a lawyer immediately to get the help you need.
What are the phases of a Jacksonville DUI Criminal Case?
The stages of a case are the following:
- Arraignment. In this stage, the court will read the charge against you, and you or your lawyers will enter a plea.
- Preliminary Hearing. During the preliminary hearing, the lawyers will put forth evidence in either an adversarial or bond hearing. With a bond hearing, a restrained testimony can choose the bond or bail necessary to be posted for the accused to get out of jail while on trial.
- Pretrial Motions. Lawyers file motions to dismiss the case, arrange for a lesser sentence, or arrange a plea deal with the prosecutor before trial.
- Discovery. The lawyers will ask the opposing party to give them a copy of all evidence used against you to craft the most appropriate defense for your trial.
- Pretrial or Case Management. You can file more pretrial motions. If the case continues, you will have to set the date and time for the trial.
- Plea Bargain or Trial. You can begin plea discussions with the prosecuting attorney and ask them to give you a lesser sentence, penalty, or charge in exchange for admitting guilt. If you find a no plea bargain, the trial will push through, and the case’s merits will decide the case.
- Sentencing. Those acquitted are set free, and a specific amount of fines and imprisonment will be charged for those found to commit the violation.
The Jacksonville DUI lawyer you hire must be familiar with the trial phases since it could determine the success of your legal defense. The State attorney’s office will be a difficult adversary to face during this process. One mistake will make it difficult to win.
What is an Ignition Interlock Device Installation?
An Ignition Interlock Device (IID) is a handheld breathalyzer installed in your car to prevent people from drinking and driving. They are also sometimes referred to as Breath Alcohol Ignition Interlock Devices. They can be as small as a remote control for televisions.
Are there any Legal defenses against DUI in Jacksonville?
Part of the legal system is no conviction without due process. This rule is also applicable for DUI cases. It is essential to contact Jacksonville DUI lawyers to give the best DUI defense available for you since there might be circumstances that would allow you to walk free from a DUI charge.
DUI defense can be complex, but good DUI lawyers usually use the following defenses:
- Testing Errors. Not all created tests are the same. Every test has a margin for error and is still subject to hardware and human error.
- Invalid Testing Location. The place you got tested might not have the proper permits to operate.
- Invalid Test Due. There is also the necessary 20-minute observation time before administering the test.
- Illegal Procedures. The stop is illegal if probable cause does not exist and it is invalid evidence in court. Checkpoints must also have followed the proper procedure to make them legal. Otherwise, every arrest using those particular checkpoints is considered illegal.
- Other Technical Defects. Other procedural defects of an arrest include informing arrested people about their Miranda Rights.
- Sobriety Tests. Some officers conduct almost impossible tests that a sober person cannot pass. We can challenge these standardized and non-standardized tests that have a problem with accuracy in court.
- Vehicle Problems. We can defend against DUI and Actual Physical Control (APC) by claiming that the vehicle in possession is inoperable or incapable of being driven.
- Video Footage. Video footage directly contradicting police officers’ stories can be used to challenge the arrest and could lead to a verdict of innocence.
- Personal Medical Issues. You can use valid prescriptions and other medically relevant evidence to prove the necessity of taking controlled substances to mitigate or justify their use of a motorized vehicle.
In these instances, the necessity of having Jacksonville DUI lawyers where you have an excellent attorney-client relationship can help you get the best possible DUI defense possible. The assistant state attorney will not be afraid to use the full extent of the law against you. Your relationship with your lawyer must be based on mutual trust and respect if you want to win.
How can you help me reinstate my Driver's License after a DUI conviction in Jacksonville, FL?
Your Jacksonville DUI attorneys will help you restore your driver’s license. There are processes set in the law that would allow you to reinstate it as long as you are eligible. For example, there is something called a hardship license that will enable them to drive themselves to work.
Contact an Experienced Jacksonville DIO Lawyer for a Free Consultation
If you need Jacksonville DUI lawyers who will fight for your rights, then the team of Atty. Leon will be able to give you the best attorney-client relationship you will ever find in the state. Their clients have given them great reviews, and they will protect you like they protect their families.
No matter if you have a DUI, DWI, or APC charged against you, there will always be a Jacksonville DUI defense lawyer who will fight for you. Contact us today!
