DUI Lawyers

Jacksonville DUI Lawyers


It is against the law in Florida to drive a car, a boat, or any other motor vehicle while intoxicated. It is also illegal to operate a bicycle under the influence. A DUI, driving under the influence, case is a serious crime that may lead to numerous penalties and repercussions. A person is charged with a DUI in Florida if they are found to have a blood alcohol content (BAC) of .08% and above. However, in some cases the perpetrator may be charged with a DUI with a lower percentage for blood alcohol content. When you get your license you authorize the police to perform tests including blood, urine or breath analysis. Refusal to submit to these tests can also lead to separate charges and repercussions, but you do have the right to contact a DUI Lawyer before submitting to any tests.

Statistics show that a large percentage of motor vehicle deaths involve alcohol or the influence of other drugs. DUI related accidents and deaths happen every hour, it has led to strict laws being imposed on the accused, and an abundant number of DUI Lawyers. If not handled properly by an experienced DUI lawyer, a driving under the influence case can lead to a suspended driver’s license, large fines, points on your license, community service, court-ordered rehab, jail time and even permanent suspension of a driver’s license. After being charged with a DUI, there is hope to get the charges lowered or dismissed. By acquiring an experienced DUI lawyer that specialize in DUI related cases, your chances of avoiding serious penalties greatly improve.

Trying to overcome a DUI case without legal counsel and the expertise of a DUI lawyer is very difficult. Attorneys with expert knowledge in DUI infractions and can help both offenders and victims. Did you also know that you may refuse a blood alcohol content test (BAC) and call a lawyer?

Your search for a DWI lawyer should include research of multiple law firms and attorneys.

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) Penalties

A person is guilty of the offense of driving under the influence and is subject to punishment as provided in F.S. 316.193 subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

  • (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in F.S. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
  • (b) The person has a blood-alcohol level (BAL) of 0.08 or more grams of alcohol per 100 milliliters of blood; or
  • (c) The person has a breath-alcohol level (BAL) of 0.08 or more grams of alcohol per 210 liters of breath.

1st DUI Conviction

  • With Blood/Breath Alcohol Level (BAL) of .08 to .15: A fine of not less than $500, or more than $1,000. Not more than 6 months imprisonment.
  • With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: A fine of not less than $1,000, or more than $2,000. Not more than 9 months imprisonment.
  • Possible 6 continuous months of an ignition interlock device at the convicted person’s sole expense.
  • Probation for a period not to exceed 1 year and, as a condition of such probation, (the court) shall order the defendant to participate in public service or a community work project for a minimum of 50 hours.
  • Impoundment or immobilization of the operated vehicle for a period of 10 days.
  • 180 days to a 1-year license suspension/ revocation effective on conviction date.
  • First offense DUI with Serious Injury – at least a 3-year revocation.

2nd DUI Conviction (if DUI incurred within 5 years of previous)

  • With Blood/Breath Alcohol Level (BAL) of .08 to .15: A fine of not less than $1,000, or more than $2,000. Not more than 9 months imprisonment, minimum 10 days.
  • With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: A fine of not less than $2,000, or more than $4,000. Not more than 12 months imprisonment.
  • Mandatory placement, for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device.
  • Impoundment or immobilization of the operated vehicle for a period of 30 days.
  • 5-year license suspension/ revocation effective on conviction date.

3rd DUI Conviction (If 3rd DUI incurred within 10 years of previous)

  • Third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device.
  • Minimum 30 days imprisonment, up to 5 years.
  • Impoundment or immobilization of the operated vehicle for a period of 90 days.
  • 10-year license suspension/ revocation effective on conviction date.

3rd DUI Conviction (If 3rd DUI incurred after 10 years from previous)

  • With Blood/Breath Alcohol Level (BAL) of .08 to .15: A fine of not less than $2,000, or more than $5,000.
  • Not more than 12 months imprisonment.
  • Mandatory placement, for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device.

4th DUI Conviction

Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Penalties for Commercial Drivers

Commercial drivers having a BAL limit of .04 or higher or who refuse a BAL test will have their license suspended for 1 year. After a second offense, commercial drivers will be permanently disqualified from obtaining a license. Hardship provisions do not apply.

Penalties for Any Person Operating a Vehicle Under the Influence and Causing

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:
a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
(II) The person failed to give information and render aid as required by s. 316.062.

For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

Hardship License

  • A. First Conviction: Minimum 180 days revocation, maximum 1 year.
  • B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as “A” above.
  • C. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. May be eligable for a hardship reinstatement after two years.
  • D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
  • E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
  • F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions:Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as “B-D” above.

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