The consequences of driving under the influence are serious but an experienced DUI attorney in Jacksonville FL can greatly help you achieve the best possible outcome. Effective representation matters and our DUI defense team knows how to examine the circumstances of your arrest, gather evidence and negotiate your case with prosecutors before your case is ever presented to the courts.
While every state has laws that prohibit drunk driving, various terms are used to describe the offense. “Driving under the influence” (DUI) is probably the most common. But many states also use the terms “driving while impaired” (DWI), “operating under the influence” (OUI), and “operating while intoxicated” (OWI).
All states have two types of DUI: DUI “per se” and DUI based on impairment. The difference between the two is how the prosecution proves you were “under the influence.” To be convicted of a per se Florida DUI, the prosecution must prove you drove with an amount of alcohol or drugs in your system that exceeded the legal limit. In Florida, it is illegal to drive with a .08% BAC (blood alcohol content) or higher if you are over 21 years old. If you are under 21, the legal BAC drops to .02%, thanks to Florida’s zero tolerance policy (Florida DUI Statute) Impairment DUIs, on the other hand, only require proof that the driver’s mental or physical abilities were affected by the drugs or alcohol ingested.
All states have two types of DUI: DUI “per se” and DUI based on impairment. The difference between the two is how the prosecution proves you were “under the influence.” To be convicted of a per se Florida DUI, the prosecution must prove you drove with an amount of alcohol or drugs in your system that exceeded the legal limit. In Florida, it is illegal to drive with a .08% BAC (blood alcohol content) or higher if you are over 21 years old. If you are under 21, the legal BAC drops to .02%, thanks to Florida’s zero tolerance policy (Florida DUI Statute) Impairment DUIs, on the other hand, only require proof that the driver’s mental or physical abilities were affected by the drugs or alcohol ingested.
Do I Need An Attorney?
Trying to manage a DUI defense without an attorney is next to impossible. The arresting officer and state prosecutor will be focused on forcing your to plea guilty, forcing you to accepting civil and criminal DUI penalties and seeing you convicted of the crime. A DUI criminal conviction carries serious consequences. Even a first conviction can lead to jail time, expensive fines, and a lengthy license suspension. Additionally, you will face escalated vehicle insurance rates once your driving privileges are reinstated. And aggravating factors like prior convictions, a high blood alcohol concentration (BAC) at the time of your arrest, or an accident while your BOC was over the limit can increase the already-severe penalties. Once convicted, the DUI conviction remains on your criminal record forever which could interfere with your future in a variety of ways.
How can an Attorney help me if I was driving impaired?
DUI law is complicated and constantly changing. It is very easy to get tripped up in the legal nuances or misinterpret the law altogether. Hiring an experienced DUI Attorney in Jacksonville FL who focuses on and stays abreast of recent changes in Florida DUI law will greatly increase the chances of a good outcome. Regardless of the facts of your case, the State is required to prove the charges beyond reasonable doubt. This means there are numerous evidentiary procedures they must follow under due processes. Once charged, the burden is on the State of Florida to prove you are guilty. Hiring an experienced DUI Attorney is the best way to protect your legal rights.
If you are arrested for a DUI in Jacksonville, remember the following:
1. Remain Silent. This Constitutionally Protected Right ensures an individual does not self-incriminate when confronted by an investigating police officer. During a DUI traffic stop, this means the following:
- DO NOT ANSWER QUESTIONS ABOUT ALCOHOL CONSUMPTION
- DO NOT ADMIT TO DRINKING
- DO NOT ADMIT TO ANY TRAFFIC OFFENSE
- DO NOT TAKE A FIELD SOBRIETY TEST
- DO NOT BLOW!
Respectfully request that any interrogation or police questioning take place with a lawyer present. Follow all the officers instructions, but under no circumstances subject yourself to questioning without your attorney.
2. Hire a Lawyer. Reach out to an experienced DUI attorney in Jacksonville at McGRATH GIBSON LAW to protect your legal rights immediately!
Civil Penalties for a DUI in Florida can mean a fine ranging from $500 to $1000. Additionally, the criminal conviction can come with a sentence of up to six months in jail and suspension of your driver’s license for 6-12 months. Ignition interlock devices installed on all of your owned vehicles can also be mandated, meaning you will have a pay a monthly cost to rent the device. Avoid these costly and life-changing consequences by choosing a law firm with the experience and resources to defend your legal rights.
Arrested for Driving Under the Influence in Florida? A DUI attorney in Jacksonville FL is available 24 hours a day, 7 days a week and our initial consultation is free. Call (904) 358-3300. You don’t have to go it alone.
Ronald Roberts Jr.
Lead Criminal Law Attorney
