Jacksonville DUI Lawyer
It can be a horrible feeling for a Florida driver when they see the flashing red lights of a police officer pull up behind them.
Suppose the driver’s blood-alcohol content (BAC) levels are 0.08% or higher. In that case, they face criminal charges with driving under the influence (DUI).
A whole host of negative consequences come if these DUI charges lead to conviction. Everything from steep fines to suspending a driver’s license, skyrocketing insurance rates, and perhaps even jail are possibilities.
But there is more hope than defendants may realize. Our Jacksonville DUI lawyer can help you fight the DUI criminal charges.
Call our Jacksonville law office at (904) 507-6194 or use our online contact portal to request a free consultation. Consultation by video conference is available. We serve all of Duval County, Florida.
DUI Cases We Handle
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Best DUI in Jacksonville Since 2020 -
Top 10 Attorney: 2024 Award Winner
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Lawyer of the Year 2021-2023
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Top 10 DUI Defense Since 2018
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Top 1%: DUI Defense
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Mr. Monroe was incredibly responsive and took time to explain every step of the process with me. He always returned my calls. His unique work history allowed him to attack my case from all angles.- Lindsey S.
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Scott Monroe is a true professional and a great attorney to have at your side for those tough times that can happen to any of us. I got a favorable result in my case which I am grateful for and again more than happy with the outcome.- Tamim
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Attorney D. Scott Monroe is one of the best lawyers. He fights day and night for his clients, and he is just a phone call away. Mr. Monroe has a great & devoted team working with him and they are awesome. I recommend this law firm.- Nativita A.
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Knowing Attorney Scott Monroe, I expected excellence. Scott and his staff exceeded expectations. When some interaction comes up, it is extremely helpful to have people like Scott and his firm on your side. I couldn’t recommend him highly enough!- Gerry K.
The Importance of Confidential Communication with Your Defense Attorney
In Duval County cases, open communication with your defense attorney is critical. The attorney-client privilege protects your honesty, allowing them to craft the most vigorous defense. Share everything, no matter how sensitive; it could uncover weaknesses in the prosecution's case or reveal key defense strategies. Remember, this is a team effort. Withhold information, and your defense weakens. Embrace transparency, ask questions, and trust your attorney's expertise. Their success relies on your complete confidence and open communication.
4 Ways To Fight a DUI Charge in Florida
Here are four possible paths to contesting DUI charges under Florida law:
1. The Stop’s Legality
A Jacksonville police officer cannot randomly pull over any car they want to unless it’s a designated sobriety checkpoint. They need to have a credible reason to believe the driver is intoxicated or at least in violation of another law. If a driver rolled through a stop sign too casually or allowed their vehicle to cross the center line, that would qualify as reasonable suspicion.
The legal standard for reasonable suspicion is not high, and it’s possible that the stop was legal. But it’s important for defense counsel to at least challenge the state to produce its reasons for even making the stop to begin with.
2. The Test’s Legality
Even if the stop is legal, the decision to call for a BAC-level test may not be. A Jacksonville officer must still have probable cause to issue the test. If a driver is slurring their speech or stumbling, that can qualify. Open containers in the vehicle can make a test legitimate. But, there has to be a reason, and it bears noting that the officer’s burden of proof at this level will be a little bit higher than it was when making the stop.
Perhaps the officer’s probable cause comes from the driver failing a field test—those drills where the police make a person extend their arm and touch their nose and do other activities to test coordination. These tests must be recorded by the officer’s dashboard video and are subject to review by defense counsel.
What if a person had to undertake the test in rainy conditions or on an uneven surface? What if the person simply struggles with their coordination? The decision as to whether someone “failed” this test is highly subjective, and a Jacksonville DUI defense attorney can contest the officer’s basis for probable cause.
3. The Breath Test
Let’s say both the stop and the decision to take the driver’s BAC level were legitimate. There are still options for the defense. The BAC level that the breathalyzer machine may show isn’t as infallible as some people think. There are a lot of reasons a breath test can come back inaccurately high.
Here are just a few reasons why a breath test may be off:
- The driver consumed sugar or bread along with their alcohol. Is it really difficult to imagine having cake with a glass of wine? Or pretzels along with a beer? Those food products can result in deceptively high BAC levels.
- The driver consumes certain types of medication. It can be something as basic as mouthwash that results in a non-intoxicated driver being wrongly charged.
- The driver has a medical condition that the breathalyzer misreads. Diabetes, acid reflux, and heart problems are all common. They also can lead to deceptively high BAC levels.
Monroe Law reviews all this and more with our clients so that we can pursue all avenues of defense. Remember, it is only necessary to raise a reasonable doubt in the minds of a judge or jury to get someone acquitted of a DUI charge in Jacksonville.
4. The Blood Test
A blood sample is no more perfect than a breath test. To begin with, the needle that draws the blood was quite likely sterilized in alcohol. If this wasn’t done properly, it’s not hard to see how this could lead to a false high on the BAC level.
The sample must also be stored according to strictly defined protocols, lest the blood ferment too long and the reading be inaccurate. Everyone who handles the sample must document it. It is the responsibility of the police department to produce the necessary documentation that their testing meets all legal requirements. It’s the job of your DUI lawyer in Jacksonville, FL, to challenge the authorities every step of the way.
Don't Fight Your Jacksonville DUI Alone: Get an Experienced Lawyer at Monroe Law, P.A. on Your Side
Getting representation as soon as possible following any DUI-related charge is the best way to promote a positive result from a subsequent trial. These serious criminal charges can result in expensive fines, losing driving privileges or professional licenses, and even incarceration.
Don't Lose Your License! Fight Your Jacksonville DUI Case Today. Call Now for Help.
Florida DUI FAQ
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Is It Possible to Negotiate a Plea Bargain in DUI Cases?Yes, plea bargains are often possible in DUI cases. Negotiations with prosecutors can potentially reduce charges or penalties. An experienced attorney can advise on whether accepting a plea bargain is in your best interest.
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What Impact Does a DUI Conviction Have on My Life?A DUI conviction can lead to a criminal record, affecting employment opportunities, insurance rates, and personal relationships. It may also result in license suspension. Seeking legal counsel can help mitigate these impacts and explore options like expungement.
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How Can a DUI Attorney in Jacksonville Help With My Case?A DUI attorney in Jacksonville can provide invaluable assistance by examining the details of your arrest, challenging the evidence presented against you, and exploring defense strategies. They can negotiate with prosecutors to potentially reduce or dismiss charges, represent you in court, and guide you through the complexities of the legal system. Their goal is to protect your rights and minimize the impact of the DUI charge on your future.
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How Long Does a DUI Case Take in Florida?
In Florida, most DUI cases (misdemeanors) take 3-6 months to resolve, though they can push seven months for felonies.
Speedy trial rules dictate 90 days for misdemeanors and 175 for felonies, but delays are expected.
It ultimately depends on factors like court backlogs, evidence complexity, and plea negotiations.
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What Defense Strategies Are Available for DUI Charges?Defense strategies may include challenging the accuracy of the breathalyzer or field sobriety tests, questioning the legality of the traffic stop, and presenting evidence of improper procedures. An attorney will tailor the strategy to the specifics of your case.
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How Likely Is Jail Time for First DUI in Florida?
A first DUI conviction in Florida can result in up to six months in jail. However, it's possible to have no jail time.
Other criminal penalties for a first DUI charges in Florida include:
- A fine between $500 and $1,000
- A mandatory 50 hours of community service
- The possibility of losing your driver's license for up to six months
- A total period of probation and incarceration not greater than one year
Jail time for a DUI in Florida depends on a case-by-case basis. However, it's not mandatory on a first time DUI offense.
Factors that can increase the penalties for a first DUI case include:
- A BAC over 0.15
- A minor in the vehicle
- Refusing a breath test
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Can a First-Time DUI Be Dismissed in Florida?
Suppose it is your first time DUI offense in Florida, and you did not cause any accidents or damages; in that DUI case, the judge might be willing to entertain a lowered or dismissed criminal charge.
However, the judge will likely not be lenient if you face your second or subsequent DUI criminal charge.
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Is It Worth Getting an Lawyer for a DUI in Florida?
A qualified attorney is essential for DUI cases in Florida. A lawyer can be a good choice if you face high stakes, such as fines on the maximum end of the spectrum. DUI consequences are harsh, and a lawyer can:
- Negotiate reduced charges or dismissals.
- Challenge evidence and protect your rights.
- Reduce stress and guide you through the process.
Weigh the cost against the potential benefits and consider consulting a lawyer. It's a crucial decision.
Our criminal defense attorneys can help you understand your criminal charges, develop a defensive strategy, and negotiate with the prosecution on your behalf.
Defendants may feel there’s no way out if their BAC levels are at 0.08%. It’s quite likely that this is just what the District Attorney’s office wants them to think.
But what an experienced Jacksonville criminal defense lawyer knows is that there are several plausible reasons that a BAC test may produce inaccurate results.
It’s even possible that the stop and test itself may fail to pass constitutional muster.
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Can I Refuse a Breathalyzer Test During a DUI Stop?You can refuse a breathalyzer test, but doing so can lead to immediate license suspension and other legal consequences. Implied consent laws in many states mandate that drivers comply with testing once they obtain a driver's license.
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How Does the DUI Legal Process Work?The process typically begins with an arrest, followed by an arraignment where charges are formally presented. Pre-trial motions may occur, and a trial will follow if no plea agreement is reached. Legal representation is crucial throughout this process.
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What Are the Potential Consequences of a First Offense DUI in Jacksonville, FL?The consequences of a first-offense DUI in Jacksonville can be quite severe, including hefty fines, suspension of your driving privileges, mandatory DUI school, community service, and even jail time. The exact penalties can vary based on the specifics of the case, such as your blood alcohol content (BAC) at the time of arrest. It's crucial to understand that these penalties can have a long-lasting impact on your personal and professional life.
What Sets Us Apart From The Rest?
Monroe Law, P.A. is here to help you get the results you need with an award-winning team you can trust.
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Boutique Defense StrategiesWe tailor custom defense strategies for each client's unique situation.
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Former Prosecutor on Your TeamWe have experience on both sides of the courtroom.
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24/7 Help AvailableDon't hesitate! Give us a call whenever you need legal help.
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Free ConsultationsGet started on your award-winning defense with a free consultation today.