Best DUI & DWI Lawyers in Jacksonville

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Jacksonville, United States

Founded in 1981
5 people in their team
English
Tassone, Dreicer & Hill is a Jacksonville, Florida law firm with a long history of defending clients in criminal defense, family law and personal injury matters. For more than 50 years the firm has delivered comprehensive legal advocacy across Northeast Florida, combining rigorous trial preparation...
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1. About DUI & DWI Law in Jacksonville, United States

DUI and DWI offenses in Jacksonville are governed by Florida state law, with local enforcement carried out by Jacksonville-area police departments and the state's court system. A drink or drug impairment that affects your ability to operate a vehicle can lead to criminal charges, license suspensions, and long-term consequences. Florida emphasizes penalties based on BAC levels, prior offenses, and whether a minor or commercial driver was involved.

Jacksonville residents facing DUI/DWI should understand that a conviction can bring fines, jail time, mandatory education, and ignition interlock requirements. The process typically starts with an arrest, followed by a temporary license suspension and a potential court case in the local circuit court. Working with a qualified DUI attorney can help you navigate evidence collection, legal defenses, and post arrest deadlines.

2. Why You May Need a Lawyer

  • Injury or fatality in a crash with a DUI suspect: If you were involved in an accident in Jacksonville and authorities suspect impairment, a lawyer helps you challenge field sobriety tests and address complex evidentiary issues tied to causation and damages.

  • Multiple prior DUI offenses: A second or third offense can carry enhanced penalties, longer license suspensions, and potential prison time. An attorney can assess suppression opportunities and penalties under Florida law.

  • Under 21 or a commercial driver involved: Youth and CDL considerations can trigger additional rules, including heightened penalties or license consequences that require specialized defense strategies.

  • Administrative license suspension in dispute: If your license was suspended administratively after a DUI stop, a lawyer can pursue a petition for a stay or an expedited hearing to contest the suspension.

  • Evidence suppression issues: Questions about the validity of a field sobriety test, breathalyzer calibration, or blood draw consent can be central to your defense and may lead to reduced charges or dismissal.

3. Local Laws Overview

Florida DUI Statute - Driving Under the Influence: Florida Statutes regulate DUI under the general framework of Chapter 316. This includes operating a vehicle while impaired by alcohol or drugs and distinguishes offenses by BAC levels and aggravating factors. The statute has been amended over time to adjust penalties and procedures. For the current text, refer to the official Florida Statutes pages.

Implied Consent to Chemical Testing: Florida requires drivers suspected of DUI to submit to chemical testing (breath, blood, or urine) as a condition of operating a motor vehicle. Refusal to test can trigger administrative license suspensions and potential legal consequences. Official explanations and exact requirements are available through state resources.

Administrative License Suspension and Related Penalties: In addition to criminal charges, Florida imposes administrative suspensions of a driver's license when a DUI arrest occurs. These suspensions are managed by state agencies and local courts, with procedures for hearings and possible reinstatement. Check the Florida Department of Highway Safety and Motor Vehicles for details on timelines and appeals.

Source: National Highway Traffic Safety Administration - DUI information and defenses guidance for Florida residents. See https://www.nhtsa.gov/road-safety/drunk-driving for general guidance and citations to state practices.
Source: Florida Legislature official statutes and information on DUI and implied consent. See https://www.leg.state.fl.us/ for authoritative statute texts and updates.

Recent trends in Florida DUI law include periodic amendments to penalties, ignition interlock requirements, and under-21 provisions. Always verify the latest text on official state sites to ensure you understand current rules and deadlines.

4. Frequently Asked Questions

What happens during a typical DUI stop in Florida?

Police will administer field sobriety tests if they suspect impairment, followed by a breath or blood test if requested. Refusal can lead to an immediate license suspension and potential criminal charges. An attorney can help assess the legality of the stop and the testing procedures.

What is the difference between DUI and DWI in Jacksonville?

Florida uses the term Driving Under the Influence (DUI) to describe impairment by alcohol or drugs while operating a vehicle. Some states distinguish DUI from DWI, but Florida consolidates these concerns under DUI statutes with penalties based on BAC and other factors.

How much can a first DUI cost in Florida, including penalties and fees?

Costs include court fines, attorney fees, and mandatory programs such as DUI school. Total amounts vary by county and case specifics but can exceed several thousand dollars, plus possible license suspension and ignition interlock costs.

How long does a DUI case typically take in Florida courts?

Criminal DUI cases can take several months to over a year, depending on court backlogs and plea negotiations. Some cases resolve faster through focused pretrial hearings or diversion options, if eligible.

Do I need an attorney to handle a DUI arrest in Jacksonville?

Having a lawyer improves your ability to challenge evidence, protect your rights, and negotiate penalties. An attorney can request suppression hearings and explore resolutions that minimize long-term consequences.

What’s the difference between a first offense and a repeat DUI in Florida?

A first offense generally carries lighter penalties and shorter license suspensions, while repeat offenses lead to higher fines, longer jail terms, and more stringent license restrictions. Each additional offense increases the risk of prison time.

What should I know about ignition interlock in Florida DUI cases?

Most DUI offenders in Florida will face ignition interlock requirements as a condition for license reinstatement. Interlocks prevent the vehicle from starting if the device detects alcohol on the breath.

Can I refuse field sobriety tests without consequences?

Refusing field tests can lead to adverse consequences, including an administrative license suspension. A lawyer can advise on your rights and the potential impact on your case.

Do I qualify for a hardship or restricted use license after a DUI arrest?

Florida allows certain restricted licenses during license suspension for work, medical needs, or essential travel. Qualification depends on case specifics and court/agency decisions.

Is there a defense based on equipment or testing errors?

Yes. Inaccurate breath testing, improper calibrations, or improper blood draws can form the basis for suppression of test results. An attorney will review the chain of custody and testing procedures.

What is the timeline to get a court date after a Jacksonville DUI arrest?

Arraignments and preliminary hearings usually occur within a few weeks to a couple of months, depending on the court's schedule. Your attorney can request expedited hearings or plea negotiations.

5. Additional Resources

  • Florida Department of Highway Safety and Motor Vehicles (FLHSMV) - Official agency providing licensing information, DUI program requirements, and suspension notices. Website: https://www.flhsmv.gov

  • Florida Statutes - Official state statutes including DUI, implied consent, and license suspension provisions. Website: https://www.leg.state.fl.us

  • National Highway Traffic Safety Administration (NHTSA) - Federal guidance on drunk driving, prevention resources, and evidence-based defenses. Website: https://www.nhtsa.gov

6. Next Steps

  1. Obtain a copy of the arrest report and any available police body cam or dash cam footage to understand the events and procedures used during the stop.

  2. Consult a Jacksonville DUI attorney as soon as possible to review the case, deadlines, and potential defenses such as testing accuracy or stop legality.

  3. Request a copy of all chemical test results, calibration records, and maintenance logs for breathalyzers or blood tests to evaluate reliability.

  4. Discuss potential pretrial motions for suppression or dismissal and whether you may be eligible for DUI school, probation, or diversion options.

  5. Determine license suspension timelines with the FLHSMV and assess whether to pursue an immediate request for a stay or emergency hearing.

  6. Explore ignition interlock requirements and plan for reinstatement logistics if applicable to your case.

  7. Prepare for court by assembling all relevant documentation, including employment records, medical records, and character references if needed for sentencing considerations.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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