Driving Under the Influence and License Suspension
Jacksonville Lawyer, Cynthia Veintemillas, Attorney at Law, practices in Jacksonville, Florida at the law firm 20 Miles Law, PLLC. The following article was taken from her site to educate the public. The original article has been edited but can be found at 20mileslaw.com. Cynthia’s office 20 Miles Law can be reached at 904.564.2525
Driving under the influence charges can be extremely costly for anyone arrested for drinking and driving in Florida. When you are arrested for drinking and driving in Florida, there are a lot of expenses. If arrested in Jacksonville, first, you need to get out of the Duval County Jail, so you can go work and take care of your family. After a Jacksonville DUI arrest, you will go to court for your Florida driving under the influence (DUI or DWI) charge. If you have been arrested for driving under the influence in Duval, Clay, Nassau, or St. Johns County, it is best to have a DUI lawyer at this court date. However, you can hire a Jacksonville driving under the influence lawyer after your court date.
At your first Jacksonville DUI court date, the state attorney will usually make an offer for a plea deal on your Florida DUI charge. You have the option of accepting the plea deal and pleading guilty or no contest to driving under the influence in Jacksonville, or you may plead not guilty and the Duval County judge will give you a bond. You do not want to plead guilty or no contest to a Florida DUI charge without talking to a Jacksonville DUI Lawyer. For more information about the Jacksonville DUI arrest procedures, read I Pled Guilty or No Contest to a Jacksonville Criminal Charge.
If you plead not guilty, the Duval County judge will give you a bond. Once you post this bond, usually through a Jacksonville bondsman, you will be released from the Duval County jail. This is not the end. You need to hire a Jacksonville Driving Under the Influence Lawyer, if you have not already done so, to defend against your Florida DUI charges. A DUI lawyer is a criminal defense attorney that will be able to do more than fight your Jacksonville DUI criminal charges. Your defense lawyer will also be able to help you with your drivers license problems. If you are arrested for DWI or DUI in Jacksonville, your license will be suspended ten days after your DUI arrest. You need to talk to a Jacksonville drivers license lawyer about this immediately after your Jacksonville DUI arrest. For more information about this Florida drivers license suspension, read Florida Hardship License for Jacksonville DUI Suspension.
When your Florida driver’s license is suspended for Jacksonville driving under the influence, this will cost you even more money. Most people need their Florida driver’s license to work. If you cannot work, because your Florida drivers license is suspended, you will be negatively affected in every aspect. In most Jacksonville DUI cases, you can get a Florida drivers license if your license has been suspended in Jacksonville.
If you Jacksonville drivers license is suspended, you may be eligible for a Florida hardship license. You may be able to apply for a Florida hardship license after a Jacksonville DUI conviction, even if you have prior Jacksonville DUI convictions. There are some people that cannot get a Florida hardship license, and their Florida drivers license will remain suspended or revoked in Jacksonville.
According to Florida Statute 322.271(2)(a), a Jacksonville hardship driver’s license cannot be given to a person that has:
- been convicted of DUI two times or
- had his license suspended for refusal two or more times (Jacksonville Criminal Refusal).
This Florida law does not make an exception for Florida drivers with that have had their Jacksonville drivers license suspended or revoked to a Jacksonville criminal refusal. The laws does make an exception for previous Jacksonville DUI convictions. Florida Statute 322.271(2)(b) allows a Jacksonville driver that has been previously convicted of Jacksonville driving under the influence to petition for a Florida hardship license, but there is a waiting period. A DUI with a 5-year license suspension has a 12-month waiting period, and a DUI with a 10-year license suspension has a 24-month waiting period. After the waiting period, your drivers license lawyer may petition the department of motor vehicles (Florida DMV) to help you get your Florida hardship license.
The last thing that you want to do after a DUI drivers license suspension is to get caught driving on a suspended or revoked drivers license in Florida. If you do, contact a Jacksonville driving on a suspended or revoked license lawyer. A lawyer in Jacksonville can help you with your Florida drivers license.