A DUI Arrest Does Not Mean Conviction
Being arrested for DUI can have long-term, damaging effects on your future. Fortunately, a drunk driving arrest does not have to mean a conviction. That is because law enforcement officers make errors: the stop was illegal; the breathalyzer was not functioning correctly; the field sobriety test was administered improperly; the driver was not read his or her Miranda rights.
With years of experience in defending DUIs, our team at Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law, in Jacksonville, knows how to scrutinize DUI charges and find those errors. We will fight for your acquittal and fight to protect your future.
What Constitutes DUI In Florida?
In Florida, driving under the influence must be proven in one of two ways: when your blood-alcohol or breath-alcohol level reaches .08%, and when there is impairment of one’s normal faculties. A license suspension can last six to 18 months, if not longer in some circumstances. A first-offense DUI is a misdemeanor. Nevertheless, the penalties for a conviction may include:
- Jail time
- Fines
- License suspension and revocation
- Chemical dependency treatment
- Increased insurance rates
- Community service
- Impoundment of a vehicle
- Probation
- Loss of employment
It is critical to keep a clean driving record and not get that first DUI on your record because the penalties in Florida for a second DUI conviction can be nine to 12 months in jail, plus suspension of your driver’s license for five years. The government can bring felony DUI charges when:
- A person is convicted of a third DUI
- A person receives a fourth or subsequent DUI regardless of when the prior DUI convictions occurred
- A person causes death or serious bodily injury while driving under the influence
Our attorneys understand these escalating penalties and work aggressively to challenge every element of the state’s case against you, potentially preventing life-altering consequences.
How Long Will A DUI Stay On My Record In Florida?
A DUI conviction can remain on your driving record for 75 years in Florida, essentially a lifetime. However, this doesn’t mean you have no options. Depending on your specific situation, we may be able to pursue reduced charges, record sealing for certain related charges, or other strategies to minimize the impact on your future.
Should I Refuse A Breathalyzer Test If Pulled Over?
Refusing a breathalyzer in Florida triggers an automatic one-year license suspension under implied consent laws, even without a DUI conviction. While refusal eliminates certain evidence, it may create other challenges, for example:
- Prosecutors may argue refusal shows consciousness of guilt
- Second refusals are criminally punishable
- Officers may obtain blood samples via a warrant
The best approach varies by circumstance, which is why having experienced legal counsel immediately after arrest is crucial.
Can I Still Drive After A DUI Arrest?
After a DUI arrest, you typically have just 10 days to request a DMV hearing to protect your driving privileges. Many clients qualify for hardship or business-purpose licenses while their case proceeds. Our attorneys can guide you through this administrative process while simultaneously building your criminal defense case.
Don’t Risk Your Future, Call Us Today
You need the help of a skilled attorney to navigate Florida’s drunk driving laws. With only 10 days to request a DMV hearing after arrest, immediate legal action is critical. At Sheppard, White, Kachergus, & DeMaggio, P.A., we have the skills to build a strong DUI defense and guide you through this ordeal.
If you have been charged with DUI and need a criminal defense lawyer, call us anytime at 904-701-0589 or contact us online. Our after-hours number is 904-233-2443.