Can Anything Cause a BAC Reading to be Incorrect?

Yes! Drivers can exceed the .08% legal limit for a multitude of reasons. Below are a few examples of how a person might accidentally exceed a .08% BAC or return a breathalyzer false positive that would allow our Jacksonville DUI lawyers to request that the prosecutor either reduce or dismiss the DUI charges.

• Age. As we age, muscle mass tends to turn to fat. As a result an older person will have a higher BAC than a younger person who drank the same amount of alcohol. Additionally, older people tend to retain less water which can also lead to a higher BAC.
• Weight. This may not be a surprise but the less you weigh, the faster your BAC is going to climb when drinking alcohol. A smaller person who weighs 120 lbs. is going to be legally under the influence much faster than a larger 220 lb. person who drank the same amount of alcohol.
• Drinking alcohol on an empty stomach. Eating food does not prevent or lower BAC, but it does slow down the rate in which the alcohol enters your system. Food slows the the BAC rate of increase by absorbing the alcohol which keeps the alcohol in your stomach longer. This gives the body more time to metabolize the alcohol.
• Medications. The following medications can cause false breathalyzer test readings:
  • Asthma Medications: Albuterol, and similar inhaled medications can affect breathalyzer test results because they remain in a person’s airways longer than other medications.
  • Breath Spray and mouthwash: Some of these products have a high alcohol content which could cause a breathalyzer test’s results to be higher than the person’s actual BAC.
  • Over the Counter Medications: Many cold and flu medications contain alcohol. Even a large number of cough drops could cause a person’s BAC to read higher than it really is. And a difference of .01% could mean the difference between being arrested or not.
• Medical Reasons: Recent dental work can also produce a false positive breathalyzer test.

If your were arrested for DUI after registering a BAC over .08%, call our Jacksonville DUI lawyers for guidance as soon as possible. Especially if your BAC was only slightly over .08%. Do not immediately assume you are guilty or be coached into pleading guilty at the bond hearing. We can quickly evaluate the circumstances surrounding your arrest and advise you on your best course of action. Call us at (904) 358-3300 24/7.

The Bond Hearing

IMPORTANT! Regardless of whether or not the driver is placed in jail, after processing it is imperative to retain a Jacksonville DUI lawyer to represent your best interests and protect your rights in the following proceedings.

After processing and meeting one of the three criteria above, the driver will appear before a judge for what is supposed to be a “bond hearing”. The purpose of the bond hearing is to set a bond amount that must be paid in order to be released from jail.

However… Judges will sometimes attempt to skip the bond hearing step and immediately move to the arraignment hearing by telling the driver that “you can be released right now without having to pay a bond, and go home if you would like to enter a plea of guilty”. This effectively changes what is supposed to be only a bond hearing into an arraignment hearing.

Additionally, if you have no criminal record and your BAC was only slightly over .08%, your bail or bond could be set as low as $100. even in a worse case scenario, the maximum in Florida is $3,000.

Unfortunately, all too often, good people with no criminal record, a good driving record and who were only slightly over the limit, jump at the chance to immediately be released without having to post bond and enter a guilty plea. Florida law does not require a plea at the bond hearing! In almost every case, it is best to enter your plea at the arraignment hearing and to speak with a Jacksonville DUI lawyer before entering any plea.

The Arraignment Hearing

If you did not enter a guilty plea at the bond hearing, the next step is the arraignment hearing. Before this hearing, you will have had a chance to carefully explore your options with the assistance and guidance of our Jacksonville DUI lawyers who will have developed a defense strategy based on the unique factors surrounding your DUI arrest.

As stated on the Duval County Clerk of Courts website at: https://www2.duvalclerk.com/departments/misdemeanor/

“An arraignment hearing is a court procedure in which a person accused of breaking the law pleads to the charge stated in a charging document (i.e., information, citation, etc.). The defendant is told of the charge and of his or her legal rights. The defendant is then asked to plead one of three ways; guilty, not guilty or nolo contendere (no contest).

Pleading Guilty or No Contest: If after consulting with a our Jacksonville DUI  lawyers, you determine that your best course of action is to plead guilty to DUI and do so at this hearing, the judge will most likely move immediately to the sentencing phase and impose the state required penalties and fines based on the charges.

Pleading Not Guilty: If you and your attorney feel that there is sufficient evidence and circumstances to justify fighting the DUI charges and to plead not guilty, a not guilty plea will be entered and a court date will be set for a later date.

Yes! It is very possible that evidence can be used to convince a prosecutor to either reduce or even drop your DUI charges. As we mentioned, this happens about 40% of the time in Florida.

If the decision was made to fight your DUI charges and as a result, you plead not guilty at the arraignment hearing, our Jacksonville DUI lawyers will attempt to convince the prosecutor to either reduce or drop the DUI charges before the trial date. Our Jacksonville DUI lawyers will present evidence to the prosecutor designed to convince them that the charges will not stand in court. In many cases circumstances of the arrest such as an unlawful stop, video evidence that might cause a jury to return a not guilty verdict, and other reasons that could have caused inaccurate breathalyzer readings can cause a prosecutor to agree to a lesser charge rather than risking a complete loss in court.

Our Jacksonville DUI lawyers have successfully negotiated countless DUI cases with prosecutors that lead to reduced and dropped charges. If you or a loved one has been arrested for DUI, contact us as soon as possible by calling (904) 358-3300.

What Are The Fines and Penalties for a First Time DUI Conviction?

Florida mandatory sentencing requirements for DUI convictions are serious and involve potential jail time, fines and loss of driving privilege’s. For some professionals, a DUI conviction could lead to a loss or suspension of their professional license. The following minimum sentences apply to first time convictions. Penalties increase substantially for multiple convictions.

Fines:

• Not less than $500 or more than $1,000
• Not less than $1,000 or more than $2,000 if BAC was .15% or higher, or if there was a minor in the vehicle.

Imprisonment:

At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.

• Imprisonment for up to 6 months.
• If BAC was .15% or higher, or if there was a minor in the vehicle, imprisonment for up to 9 months.

Impoundment or Immobilization of Vehicle:

• 10 Days (Unless the family of the defendant has no other transportation).

Drivers License Suspended:

Individuals convicted of a DUI, may have their drivers license reinstated for business or employment purposes. Must complete DUI school and apply to FLHSMV for hearing for possible hardship reinstatement.

• Minimum of 6 months – Maximum of 1 year (Without Bodily Injury).
• Minimum of 1 year for refusal to submit breath, blood or urine test.

Criminal Record:

In Florida, a DUI conviction will stay on your record for 75 years. And it cannot be sealed or expunged.