Were you arrested for driving under the influence (DUI) in the Jacksonville area? Get an experienced and aggressive DUI attorney on your side. At Problems? Pick Porter!™, our Jacksonville DUI lawyer and legal team can provide sound advice and guidance to protect you from the maximum penalties.
There is much at stake after one has been arrested for driving while intoxicated. A conviction can mean a suspended license, heavy fines, and even imprisonment. The outcome of your case rests heavily on the DUI lawyer that you choose to represent you. For this reason, we encourage you to give our dedicated criminal defense attorneys a call as soon as possible.
Our Jacksonville DUI lawyers can guide you through the criminal justice system and help you prepare for Florida’s DMV administrative hearings to protect your driver’s license. From start to finish, our attorneys will work toward a positive outcome that is always in your best interests.
Over the years, our DUI attorneys in Jacksonville, FL have developed skilled legal tactics that can serve to benefit your case. We also have three former DUI prosecutors on staff. As such, our lawyers are able to see a case from all angles and effectively fight back against your accusations.
Schedule a consultation by calling (904) 858-3211 to speak with a DUI lawyer in Jacksonville, FL.
Any Jacksonville DUI attorney at our firm can handle the following types of DUI cases. Click on each to learn more.
It is possible to drop a DUI charge in Florida, but success depends on the specifics of the case. A skilled DUI attorney in Jacksonville can challenge the evidence by questioning the legality of the traffic stop, the accuracy of breathalyzer or blood tests, the validity of field sobriety tests, or potential mistakes made by law enforcement officers. Additionally, if there are issues with the chain of custody or if medical conditions or medications are involved, these factors can be used to weaken the prosecution’s case.
Each case is unique, and a strong defense strategy can increase the likelihood of a favorable outcome. Possible defense strategies against DUI we may use include:
If you were arrested for DUI, do not lose hope. Our DUI lawyer 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.
The 10-day rule for DUI in Florida refers to the time frame within which a driver must act to prevent an automatic driver’s license suspension after a DUI arrest.
When you are arrested for DUI in Florida, the arresting officer will typically request that you submit to a breath, blood, or urine test. If you refuse the test or if your blood alcohol concentration (BAC) is above the legal limit of 0.08%, your driver’s license will be suspended. However, under Florida law, you have 10 days from the date of your arrest to request an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the suspension.
If you fail to request this hearing within 10 days, your driver’s license will be automatically suspended for a period of 6 months for a first offense or 1 year for a refusal to submit to a test. If you request the hearing within the 10-day window, the suspension will be postponed until the hearing is held and a decision is made.
A DUI in Florida is a serious offense with potentially severe consequences. The penalties for a DUI conviction can include hefty fines, license suspension, mandatory DUI education programs, community service, and even jail time, depending on the circumstances.
For a first offense, the penalties may involve fines up to $1,000, a license suspension of up to 6 months, and up to 6 months in jail. Subsequent offenses can lead to harsher penalties, including mandatory installation of an ignition interlock device. Additionally, a DUI conviction can have long-term consequences on your driving record, insurance rates, and employment prospects.
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.
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.
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 possibly even jail time. In Florida, multiple DUI charges will bring even more serious penalties.
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.
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 a seasoned 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 DUI lawyer should be trusted with your case. Problems? Pick Porter has assisted countless clients with under 21 DUI charges and successfully helped them overcome harsh penalties.
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.
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:
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 DUI lawyer in Jacksonville right away.
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:
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. You need to secure a strong defense, and our DUI attorneys in Jacksonville are well-versed in these cases.
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.
Getting arrested for DUI can be disorienting and scary, but what you do in the hours and days immediately following your arrest can significantly impact your case. First, don’t panic, but do act quickly. You have only 10 days from the date of your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge your license suspension. Missing this deadline means your license will be automatically suspended.
As soon as possible, write down everything you remember about the stop and arrest while the details are still fresh. Note what you were doing before the stop, what the officer said, how the field sobriety tests were conducted, and any other observations. This information can be crucial for your defense. If there were witnesses, get their contact information. Preserve any evidence you have, like receipts from where you were, text messages, photos, anything that might help establish your timeline or condition.
Most importantly, contact an experienced Jacksonville DUI attorney right away. The sooner an attorney gets involved, the better they can protect your rights and begin building your defense. Don’t talk to anyone else about your case; not friends, not family on social media, and definitely not law enforcement without your attorney present. Anything you say can be used against you.
Florida’s DUI laws contain some nuances that catch people off guard. You don’t actually have to be driving to be charged with DUI; you just need to be in “actual physical control” of the vehicle. This means if you’re sitting in the driver’s seat with the keys in the ignition, even if the car isn’t moving and you’re parked, you could potentially face DUI charges. Jacksonville courts look at factors like where you were sitting, whether the engine was on, where the keys were located, and whether the vehicle could be operated.
Another critical concept is “normal faculties.” Florida law prohibits driving or being in actual physical control of a vehicle when you’re under the influence of alcohol or drugs to the extent that your normal faculties are impaired. But what are “normal faculties”? They include your ability to see, hear, walk, talk, judge distances, drive safely, make judgments, and act in emergencies. Officers look for signs like slurred speech, bloodshot eyes, inability to follow directions, poor balance, or erratic behavior to determine if your normal faculties are impaired, and these observations can be subjective and open to challenge.
Field sobriety tests (FSTs) are physical and cognitive exercises officers use to assess impairment. The three standardized tests are the horizontal gaze nystagmus (following an object with your eyes), walk-and-turn, and one-leg stand. Here’s something many people don’t know: you have the right to refuse field sobriety tests in Florida, and refusal cannot be used against you in court. These tests are notoriously subjective and can be affected by medical conditions, footwear, road conditions, nervousness, and officer bias.
Chemical tests are different. Florida’s implied consent law means that by having a driver’s license, you’ve already agreed to submit to breath, blood, or urine testing if lawfully arrested for DUI. Refusing a breathalyzer or blood test results in an automatic license suspension—one year for a first refusal, 18 months for subsequent refusals. Plus, refusal can be mentioned in court and may be seen as evidence of guilt.
However, chemical test results aren’t foolproof. Breathalyzers must be properly calibrated and maintained, and the officer must follow specific protocols. Blood tests can be contaminated or improperly stored. An experienced DUI lawyer in Jacksonville can challenge the administration, accuracy, and reliability of these tests.
Building a strong defense against DUI charges requires examining every aspect of your arrest. One of the most effective strategies is challenging the legality of the traffic stop itself. Officers must have reasonable suspicion that you violated a traffic law or were driving improperly before pulling you over. If the stop was unlawful, any evidence gathered afterward may be suppressed.
We also scrutinize the accuracy and administration of field sobriety and chemical tests. Breathalyzer machines can malfunction, give false readings due to medical conditions like acid reflux or diabetes, or produce unreliable results if not properly maintained. Blood tests can be contaminated or show elevated BAC levels due to fermentation if not stored correctly. Field sobriety tests are highly subjective and can be affected by physical conditions, uneven surfaces, or improper instructions from the officer.
Officer conduct and procedure are another key area. Did the officer follow proper protocols? Were you read your Miranda rights at the appropriate time? Was the arrest based on solid evidence or subjective observations? We look for any procedural errors or violations of your constitutional rights.
Other defenses include challenging whether you were actually in “actual physical control” of the vehicle, presenting alternative explanations for signs of impairment (fatigue, illness, allergies, or medications), or demonstrating that rising BAC means your blood alcohol level was below the legal limit while you were actually driving but increased by the time you were tested. Every case is different, and our experienced Jacksonville DUI defense attorney will identify the strongest defenses for your specific situation.
Technically, yes, but there are serious consequences. Florida’s implied consent law means refusing results in an automatic license suspension of one year for a first refusal or 18 months if you’ve refused before. Refusal can also be mentioned in court as potential evidence of guilt. However, you have the right to refuse field sobriety tests without these penalties.
Your license will be suspended, but when and for how long depends on several factors. After arrest, there’s an administrative suspension that begins within 10 days unless you request a formal review hearing. If convicted, you’ll face additional license suspension ranging from six months to permanent revocation depending on whether it’s your first offense and your BAC level. A DUI attorney can help you request a hardship license for work or medical purposes.
DUI (driving under the influence) means you were impaired by alcohol or drugs. Reckless driving is a less serious charge involving willful or wanton disregard for safety. Sometimes DUI charges can be reduced to reckless driving (often called a “wet reckless”) through plea negotiations, which carries lighter penalties and less stigma.
Unfortunately, no. Florida law specifically prohibits sealing or expunging DUI convictions. This applies even to first-time offenders. The conviction remains on your record permanently, which is another reason why it’s critical to fight the charges with our skilled DUI defense lawyer in Jacksonville rather than simply pleading guilty.
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With us on your side, we can effectively guide you through the complex legal system with a powerful defense strategy. At Problems? Pick Porter!™ we have extensive experience handling DUI cases and are knowledgeable about the latest strategies in DUI defense. With our aggressive representation, our Jacksonville DUI lawyer can start building a case to help you receive the best possible outcome. Contact our firm today for a free consultation.
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