DUI Defense Lawyers in Duval County, Florida

Laws, Charges, Punishments, and Legal Defenses for Duval County Driving Under Influence (DUI) of Alcohol or Drugs

Duval County prosecutors take driving under the influence (DUI) very seriously. Jacksonville, Florida, the largest city in Duval County, is known for having a high rate of DUI-related accidents. However, while Duval County has experienced many DUI-related accidents, the vast majority of DUI cases do not involve accidents. Additionally, regardless of how serious a DUI charge is, and whether such charge is the first offense a person has faced, Duval County prosecutors may seek the maximum punishment allowable under Florida law. To avoid the harsh consequences of a DUI conviction in Duval County, anyone facing DUI charges does not have time to waste to find and retain a high-quality Duval County DUI Defense Lawyer.

At Musca Law, our team of Duval County DUI Defense Lawyers provides superior legal representation to clients facing serious criminal charges. With the necessary experience, skills, diligence, and dedication to every client’s rights, Musca Law has successfully helped clients avoid jail time and other life-altering consequences resulting from a DUI conviction. As such, if you or a loved one is facing DUI charges in Duval County, you should consider acting quickly to speak with a member of our legal team by calling (888) 484-5057.

DUI Charges in Duval County Have the Potential to Lead to Jail Time

Although the right lawyer may be successful in dismissing or lowering the charges a person is facing in a Duval County DUI case, many accused individuals find themselves in jail for a first or second DUI offense. While public defenders work hard for their clients, they simply do not have the resources to help clients reach the best result possible. A law firm that focuses solely on criminal matters is in the best position to help a client avoid jail time. Moreover, many people believe that if they have been charged with DUI in Duval County, they will automatically be found guilty, which is simply not the case. A well-crafted defense that demonstrates a DUI charge should be dismissed or lowered can help a person avoid jail time. The first step to reaching such a result is ensuring the best possible lawyer is representing a client’s rights and interests in the courtroom.

Understanding Jacksonville DUI Laws and Penalties

Under Florida law, DUI charges can be unclassified misdemeanors, or they can be first-degree felonies. The severity of the alleged conduct underlying the DUI charges in Duval County will determine how serious DUI charges will be. It is not uncommon for prosecutors to “overcharge” accused individuals, who often find themselves facing a first-time criminal conviction. Any person can face a DUI charge, regardless of whether a person has a criminal history. DUI charges plague all walks of life, but unfortunately, not every accused person reaches a fair conclusion. A qualified Duval County DUI Defense Lawyer can substantially help an accused person reach a fair result, which may be a complete dismissal of DUI charges or an agreement to plead guilty to a less-serious offense, such as a moving violation.

Per Florida Statute Section 316.193(1), a person may be found guilty of DUI if he or she:

  • Was in actual physical control of the vehicle involved in an alleged DUI offense; AND
    • (1) The person was under the influence of alcohol or drugs to the extent that the person’s normal faculties were impaired; OR
    • (2) The person had a blood-alcohol reading of .08 or more grams of alcohol per 100 milliliters of blood; OR
    • (3) The person had a breath-alcohol reading of .08 or greater grams of alcohol per 210 liters of breath.

Prosecutors have the burden to show that a person’s conduct meets the requirements under Florida law to achieve a DUI conviction. The standard of proving that a person is guilty beyond a reasonable doubt applies to all criminal offenses even though it often feels like the accused are guilty until proven innocent. Simply being charged with a crime does not automatically mean a person is guilty. However, the stigma of facing criminal charges often leads people to believe a person must be guilty if his/her alleged conduct resulted in criminal charges. If prosecutors cannot show that a person’s conduct satisfies Florida DUI statutes, prosecutors cannot achieve a DUI conviction.

The Accused Person Must Have Been in Actual Physical Control of the Vehicle

To prove a person is guilty of driving under the influence in Duval County, prosecutors must establish the requirement that the accused person was “in actual physical control” of the vehicle at issue in a DUI case. In some cases, proving a person was in actual physical control of the vehicle at issue will be clear-cut, but in other cases, whether a person was in physical control of the vehicle is questionable. When the prosecution and defense dispute the accuracy of the threshold allegation that a person was in actual physical control of the vehicle at the time of the alleged DUI offense, the defense team can provide evidence to suggest that the prosecution is wrong. If such a defense is successful, the prosecution cannot get to the next step of proving a person was under the influence of alcohol or drugs.

The Accused Person Must Have Been Under the Influence of Alcohol or Drugs

If Duval County prosecutors successfully establish the accused person was in actual physical control of the vehicle at issue in a DUI case, the prosecutors must then successfully establish that the accused person was under the influence. If a person’s blood-alcohol content (BAC) readings do not show the person was at or above the legal limit of .08 under Florida law, prosecutors must find other ways to demonstrate the accused person was under the influence. Without scientific data (such as BAC readings and other test results, such as a blood test), prosecutors must rely on an officer’s testimony, witness testimony, and other circumstantial evidence to prove a person was under the influence.

A qualified Duval County DUI Defense Lawyer will know what steps to take to show the prosecution has failed to meet its burden of proof. If the dismissal of DUI charges is not successful, a Duval County DUI Defense Lawyer will seek to work with prosecutors to reach a result that is fair to the accused person, given the specific facts of the case and severity of the alleged conduct. An evaluation of a person’s criminal history, coupled with an evaluation of the pending DUI charge(s), will help a skilled Duval County DUI Defense Lawyer determine the fairest result.

Levels and Classifications of DUI Offenses in Duval County and Associated Penalties

DUI charges in Florida are classified as misdemeanors or felonies. Under Florida law, a person accused of driving under the influence of alcohol or drugs may face one or more of the following DUI charges:

First DUI Offense Involving BAC of .08 or More – A first DUI offense involving a BAC of .08 or more is considered an unclassified misdemeanor. If convicted, the accused person faces up to six (6) months in jail and a fine of up to $1,000.

First DUI Offense Involving the Presence of a Minor Passenger Under the Age of 18 – A first DUI offense involving the presence of a passenger who is a minor under the age of eighteen (18) is considered an unclassified misdemeanor. If convicted, the accused person faces up to nine (9) months in jail and a fine of up to $2,000.

First DUI Offense Involving BAC of .15 or More – A first DUI offense involving a BAC of .15 or more is considered an unclassified misdemeanor. If convicted, the accused person faces up to nine (9) months in jail and a fine of up to $2,000.

Second DUI Offense Involving BAC of .08 or Greater – A second DUI offense involving a BAC of .08 or more is considered an unclassified misdemeanor. If convicted, the accused person faces up to nine (9) months in jail and a fine of up to $2,000.

Second DUI Offense Involving BAC of .15 or Greater – A second DUI offense involving a BAC of .15 or more is considered an unclassified misdemeanor. If convicted, the accused person faces up to one (1) year in jail and a fine of up to $4,000.

DUI Offense Involving Damage to Property – A DUI offense involving damage to property is considered a first-degree misdemeanor. If convicted, an accused person faces up to one (1) year in jail and a fine of up to $1,000.

Third DUI Offense More Than 10 Years After Prior DUI Offense – A third DUI offense that is charged more than ten (10) years after two prior DUI convictions is considered an unclassified misdemeanor. If convicted, the accused person faces up to one (1) year in jail and a fine of up to $5,000.

Third DUI Offense Less Than 10 Years After Prior DUI Offense – A third DUI offense that is charged less than ten (10) years after two prior DUI convictions is considered a third-degree felony. If convicted, the accused person faces up to five (5) years in jail and a fine of up to $5,000.

Fourth or More DUI Offense – A fourth or subsequent DUI offense is considered a third-degree felony, regardless of when the fourth or subsequent DUI is charged. If convicted, an accused person faces up to five (5) years in jail and a fine of up to $5,000.

DUI Offense Involving Bodily Injury – A DUI offense involving bodily injury to another person (regardless of that person’s role in the DUI incident) is considered a third-degree felony under Florida law. If convicted, the accused person faces up to five (5) years in jail and a fine of up to $5,000.

DUI Causing the Death of Another Person or Unborn Child – DUI Manslaughter – A DUI offense that allegedly causes the death of another person or unborn child is known as “DUI manslaughter,” which is a second-degree felony. If convicted, the accused person faces up to fifteen (15) years in jail and a fine of up to $10,000.

DUI Manslaughter Involving a Failure to Render Aid – A DUI manslaughter offense involving the alleged failure to render aid to an injured person is considered a first-degree felony. If convicted, the accused person faces up to thirty (30) years in jail and a fine of up to $10,000.

Felony charges compromise a person’s constitutional rights. As such, a person facing felony DUI charges needs a superior Duval County DUI Defense Lawyer to handle the case from start to finish. Avoiding a felony conviction is crucial to a person’s ability to own a firearm and vote in elections. Although a misdemeanor DUI charge is still serious, having a misdemeanor DUI conviction on one’s record does not have the same life-altering consequences. The legal representation of a lawyer who is familiar with prosecutorial tactics in Duval County is critical to ensure the protection of an accused person’s rights.

Additional Penalties Resulting from DUI Cases in Duval County

The best outcome a person charged with DUI can hope for is the dismissal of DUI charge(s). However, if complete dismissal of DUI charges is not successful, a Duval County DUI Defense Lawyer will seek to lower the DUI charge to the least severe charge agreeable to prosecutors. What this means is that a person facing a first-time DUI charge can likely plead guilty to a lesser moving violation that protects a person’s criminal record. However, by pleading guilty to a lesser offense, a person must agree to certain terms that include, but may not be limited to, the following:

  • The temporary suspension of a Florida driver’s license;
  • The requirement to undergo alcohol and drug abuse counseling and/or education courses;
  • Probation;
  • The requirement to undergo random alcohol and drug testing;
  • Community service hours; and
  • The required installation of an ignition interlock device on all vehicles driven by the convicted person.

If a person is ultimately convicted of any DUI offense, he or she should expect to face the above-listed penalties in addition to possible jail time and fines. In serious DUI cases, a person’s driver’s license may be permanently revoked.

How to Dismiss DUI Charges in Duval County

A Duval County DUI Defense Lawyer may be successful in dismissing DUI charges against a client if there are viable factual disputes and/or evidence that a client’s constitutional rights were violated. If the Duval County DUI Defense Lawyer believes grounds exist to dismiss DUI charges for the prosecution’s failure to satisfy Florida’s statutory requirements, he or she will seek dismissal by filing a motion with the court. Another reason why a Duval County DUI Defense Lawyer may seek dismissal of DUI charges is when a client’s constitutional rights have been violated. For example, if the arresting officer fails to read the accused person his/her Miranda rights, any evidence obtained after this point may be inadmissible in court, and therefore, grounds for dismissal.

How to Reach a Plea Agreement in a Duval County DUI Case

The dismissal of DUI charges in Duval County is not always feasible, especially when the available facts support a prosecution’s case. As such, with the help of a qualified Duval County DUI Defense Lawyer, an accused person may be able to resolve the matter by pleading guilty to a lesser offense. In some cases, this lesser offense may be a minor moving violation, but in more serious cases, the lesser offense may be a misdemeanor DUI as opposed to a felony DUI conviction. While pleading guilty to a lesser offense will result in a criminal record, the plea agreement may be the best solution to avoid significant jail time, hefty fines, and other harsh consequences.

What You Should Know About the DUI Arrest and Detention Process in Duval County

Under Florida Statute Section 316.193(9), a person accused of DUI may be taken into custody and detained for an extended period. Once one of the following has been satisfied, officers must release a person from custody.

  • The arrested person’s BAC reading is less than .05; OR
  • The arrested person’s normal faculties are no longer impaired by alcohol or drugs; OR
  • The arrested person has been detained for at least 8 hours.

Anyone arrested on suspicion of DUI should use his/her first phone call to either call a Duval County DUI Defense Lawyer or seek the assistance of a family member or friend who can reach out to a lawyer on the arrested person’s behalf. Prompt legal representation is key to successfully fighting DUI charges in Duval County.

Contact the Duval County DUI Defense Lawyers of Musca Law Today

Any criminal conviction can cause substantial hardship to a person, especially someone who has a clean criminal record. As such, if you are facing DUI charges (or any other criminal charges) in Duval County, Florida, you must act swiftly to seek the advice and guidance of an experienced Jacksonville DUI Defense Lawyer. Waiting too long to speak with a lawyer may compromise your legal rights. With more than 150 years of combined professional experience, the DUI Defense Attorneys of Musca Law have all of the requirements you need in the right lawyer. To speak with one of our lawyers, contact Musca Law 24/7 by calling (888) 484-5057.

Get your case started by calling us at (888) 484-5057 today!