Jacksonville DUI Lawyer

Types of DUI Charges in Florida

Any Jacksonville DUI attorney at our firm can handle the following types of DUI cases. Click on each to learn more.

• Multiple DUI charges
• Felony DUI charges
• Boating under the influence
• Commercial driver DUI
• DUI involving drugs (DUID)
• Out-of-state DUI charges
• Underage DUI charges
• DUI appeals
• DUI expungement

Possible Defense Strategies Against DUI

• Probable cause - Did the arresting officer have a valid reason or suspicion to pull you over?
• Breathalyzer accuracy - Breathalyzers are known to produce inaccurate results, are prone to human error, and can be influenced by many environmental factors.
• Miranda rights were read to you - The arresting officer is required to read your Miranda rights the moment you are arrested
• Personal medical issue - Many health conditions can affect breathalyzer results, including hypoglycemia, diabetes, or people who are on a high-protein diet.

If you were arrested for DUI, do not lose hope. Our Jacksonville DUI attorney can analyze every aspect of your case, including the arrest, the blood/chemical test results, and whether proper police procedures were followed. We pay attention to the little details that can make a significant difference in the outcome of your case.

Penalties for Driving Under the Influence in Florida

You could be facing serious penalties that could significantly alter your life, even for a first-time conviction. For subsequent offenses, you will face enhanced penalties, including higher fines, longer jail times, and even a felony DUI. There is a lot at stake and it is important that you call a DUI attorney in Jacksonville as soon as possible to learn more about your defense options.

Penalties that can result from a DUI conviction are detailed under Florida law. These crimes fall under Chapter 316, detailing State Uniform Traffic Control. In its most basic definition, driving under the influence is when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. There are, of course, numerous other factors that could drastically change the DUI charges and possible penalties.

First-Time Penalties for DUI:

• Fines ranging from $500 to $1,000 (under 0.15 BAC)
• Fines ranging from $1,000 to $2,000 (over 0.15 BAC)
• One-year suspension of your driver's license
• Installation of ignition interlock device
• Up to 6 months in jail (9 months if BAC exceeds 0.15)
• Community service - up to 50 hours (You may pay $10 per hour if you choose not to serve)
• DUI school/substance abuse treatment
• Vehicle impoundment of 10 days

Under Florida Law, it is illegal to drive when your BAC, or blood alcohol content, exceeds 0.08%. Your BAC levels are determined using various chemical tests, like a breathalyzer or blood test. Even if you are on the cusp of reaching 0.08%, you may still receive a DUI because of your impaired driving. An officer will perform a field sobriety test to determine if the amount of alcohol you have consumed affects your motor skills.

• Related Video: Penalties for a DUI Conviction

Multiple DUI in Jacksonville

One DUI conviction on your criminal and driving record can be a major setback as you face high fines, DUI training courses, a suspended license, and possible even jail time. In Florida, multiple DUI charges will bring even more serious penalties.

A second DUI conviction within 5 years can carry these penalties:

• 9 months to 1 year in jail
• Up to $4,000 in fines
• License suspension up to 5 years
• Up to 1 month of vehicle impoundment
• Up to 1 year probation when jail time ends
• Advanced DUI school courses
• Mandatory ignition interlock device (IID) installation

A third DUI conviction within 10 years can carry these penalties:

• Up to 5 years in state prison
• Up to $5,000 in fines
• License suspension up to 10 years
• Up to 3 months of vehicle impoundment
• Up to 5 year probation when prison sentence ends
• 2 year IID installation

If you receive a DUI conviction beyond a third, it will automatically be considered a third-degree felony due to Florida State legislation. Not only will you be a convicted felon, damaging your reputation and wellbeing wherever you may go, but it is possible that you could face a permanent driver’s license revocation, depending on the circumstances of your arrest and driving history.

Underage DUI in Jacksonville – "Zero Tolerance"

Florida is very clear on the stance that they take with underage drivers. Following a strict "Zero Tolerance" law, drivers under the legal drinking age are not permitted to have any discernible level of alcohol in their system. In fact, a driver who is younger than 21 can find themselves facing DUI charges for having blood alcohol content (BAC) as low as 0.02 percent.

The idea behind this law is to completely crack down on underage drinking; it is designed in such a way that you cannot even have one drink and drive. While good in intentions, it can result in innocent drivers facing disproportionate or unfair consequences. For this reason, it is extremely important that an experienced Jacksonville DUI attorney is hired as soon as possible.

Penalties for DUI can be extremely harsh, but if you are under the age of 21, then your penalties may be far more severe. The damage can extend to your future and your opportunities. Only an experienced Jacksonville DUI attorney should be trusted with your case. The Law Offices of Jason K.S. Porter, P.A. has assisted countless clients with under 21 DUI charges and successfully helped them overcome harsh penalties.

Commercial Driver DUI

As a commercial driver, if you are found guilty of driving under the influence, then you will face penalties that are unique to the holders of commercial driver's licenses.

DUI penalties for commercial drivers include disqualification from driving a commercial vehicle for one year, followed by a disqualification reinstatement fee before you are able to seek a reinstatement of your license. This, however, is just a foundation for penalties.

Traffic violations that can result in a CDL suspension include:

• Refusing to take a blood, breath, or urine test
• Leaving the scene of an accident
• Driving a commercial vehicle while under the influence of a controlled substance
• Using a licensed commercial vehicle to commit a felony

There are certain circumstances which can aggravate a commercial DUI. If you were, for instance, transporting hazardous materials when arrested for the DUI, then the disqualification can be elevated to three years total.

Commercial drivers are not always eligible for hardship licenses, meaning that, for as long as the disqualification lasts, you will not be able to carry on with your career. This goes above and beyond the typical penalties for a standard DUI. It is not merely inconvenient; it is a severe and life-changing consequence.

Driving Under the Influence of Drugs (DUID)

There is a common misconception that DUI charges only refer to drivers who are under the influence of alcohol – the truth, however, is that it also refers to driving under the influence of controlled substances.

While this cannot be tested through typical BAC tests, such as the breath test, it can often be defined as any point where the drugs affect the driver's normal facilities. This could mean anything from difficulties making judgments, as well as difficulty with motor control or even hearing, talking or walking. It can also be found through other tests, such as the blood and urine tests.

Penalties for drugged driving are very similar to those for drunk driving. For a first time DUID offense, penalties could include:

• Fines up to $1,000
• Jail for up to six months
• Up to a year of license suspension
• 50 hours of community service
• 10 day vehicle impoundment/immobilization

Many individuals taking prescription medications can be—and frequently are—pulled over, investigated and then arrested. Officers will not care whether or not the medication you're on at the time of your arrest was legally prescribed; all they will be concerned with is the affect the drugs have played on your ability to successfully operate a vehicle. Therefore, if you have been arrested for DUID then contact a Jacksonville DUI lawyer right away.

Penalties for DWLS

Driving while license suspended (DWLS) is a separate criminal charge which can bring severe criminal penalties to the convicted. In the state of Florida, this crime is defined under Florida Statutes §322.34 (2012). Under this law, it is considered a criminal offense to drive on state roadways with a license that has been canceled, suspended or revoked. Should the defendant knowingly commit this crime, they will be facing a second degree misdemeanor for a first time conviction. This will include penalties such as the following:

• Monetary fine of $500; and
• Imprisonment for 60 days

For a second conviction, it will be considered a first degree misdemeanor; this will carry penalties that include imprisonment that does not exceed one year along with a $1,000 fine. For a third or subsequent conviction, this will be considered a third degree felony and be penalized with a maximum five years of imprisonment and a monetary fine of $5,000.

Out-of-State DUI Charges

I got a DUI while visiting Florida. Can an out-of-state DUI charge follow me to my home state?

Yes. Even if you receive a DUI outside of your home state, you could still face a number of serious consequences such as expensive fines, a suspension of your driver’s license, and a criminal conviction on your record. This is because the states have created a few different pacts that allow penalties for certain convictions to transfer between states.

These interstate agreements, known as the Non-Resident Violators Compact (NRVC) and the Driver’s License Compact (DLC), allow the states to communicate with each other regarding a person’s driving history and prosecute crimes committed by out-of-state visitors.

For example, if you were arrested for DUI in Florida but failed to your charges, the state of Florida could alert your home state and have your driver’s license suspended until the DUI charge is handled. Any accusations you may incur in one state will likely follow you home, as long as your home state is one of the 44 NRVC member states. Even if your state is not a member, you could still face extradition back to Florida.

Call a Jacksonville DUI Lawyer: (904) 701-0591

With us on your side, we can effectively guide you through the complex legal system with a powerful defense strategy. At the Law Offices of Jason K.S. Porter, P.A. we have extensive experience handling DUI cases and are knowledgeable about the latest strategies in DUI defense. With our aggressive representation, our DUI attorney in Jacksonville, FL can start building a case to help you receive the best possible outcome.