Frequently Asked Questions on DUI
Answers from Our Jacksonville DUI Lawyer
Have questions about drunk driving? Don't worry! Read below to see
some answers to commonly asked questions about
DUI defense. If you have further questions, simply contact our firm directly for answers
from our Jacksonville DUI attorney!
Should I just plead guilty to DUI?
Many individuals choose to
plead guilty without finding out if their case could be successfully defended, or if
there are options for a case dismissal. The Law Offices of Jason K.S.
Porter, P.A. can review your case and the evidence against you to determine
what can be done to reduce the damage. Our extensive knowledge and experience
in DUI law serve our clients well.
Will I go to jail?
When convicted of DUI, there is a possibility that the judge will impose
jail time, even on a
first-time DUI. One cannot expect that they will not face serious repercussions if they
are convicted of DUI, and if you have an earlier DUI conviction on record,
or if an accident or injury occurred in the incident, the likelihood of
jail (or even prison in serious cases) is very real. It is important to
have a lawyer defending you from the moment of arrest.
How do I choose a DUI defense lawyer?
We recommended that you choose an attorney who has successfully defended
others who are facing the same charge. While no two cases are the same,
a lawyer's experience in similar cases is an important factor in future
success. We invite you to discuss your case and our record in court. Our
legal team at the firm includes 3 former DUI prosecutors and a former
DUI hearing officer for DHSMV. Our experience on both sides of the aisle
is critical to achieving good results for our clients.
What are some common penalties for DUI?
The penalties that are imposed for drunk driving will depend on several
different factors – including prior criminal history, as well as
the BAC at time of arrest and the details surrounding the arrest (ex:
having a minor in the vehicle). That being said, common
DUI penalties include incarceration, fines, community service, as well as ignition interlock
devices, alcohol treatment programs and vehicle impoundment / immobilization.
What happens if I am arrested while visiting Florida?
This is known as an "out of state DUI." As Florida is a member of the, Non-Resident Violators Compact and
the Driver's License Compact, Florida will work with your home state
to make penalties consistent and to ensure that your driving record is
reflected in both. It is in your best interests to work with a local law
firm who will be able to explain the laws to you, as well as help create
a defense strategy.
Can I get an expungement if I am arrested?
In some cases, you may be eligible to
expunge a DUI from your criminal record. This, however, is not for everyone. People
who are eligible to receive an expungement include individuals who have
been arrested but were never convicted or had a case that resulted in
a withholding of adjudication, as well as individuals who have never before
had something sealed or expunged.
What is an unlawful police stop?
Law enforcement has laws that they must abide by when performing traffic
stops. This includes having "probable cause" for the arrest
– essentially, evidence that supports something illegal was being
done; for example, speeding, weaving or ignoring traffic signals. Should
the officer overstep their boundaries and perform an
illegal traffic stop, it may be challenged and a lawyer may seek to have evidence gained during
the stop suppressed.
Can I get off a DUI charge?
While you may not realize it right now, there are often viable defenses
in DUI cases. The first step is to have your case and the evidence being
held against you reviewed by our legal team. We can then advise you how
our defense of your case will proceed.
Call us today to learn more!