Jacksonville DUI Lawyers

Dedicated DUI Defense Across Florida

Have you been arrested for driving under the influence of drugs or alcohol? If so, it is crucial that you contact experienced legal representation right away. A DUI charge can lead to a lifetime of serious consequences and hefty fines. An experienced DUI defense lawyer may be able to help you avoid a conviction, an overly harsh sentence, and serious penalties.

If you have been accused of driving while intoxicated, we urge you to get in touch with our legal team at Owenby Law, P.A. right away.

When you choose to work with our Jacksonville DUI attorneys, you can rest easier knowing we will provide you with the following:

Florida DUI Laws

Florida law is governed by Florida Statute § 316.193, which defines Driving Under the Influence as being in "actual physical control" of a vehicle while under the influence of alcoholic beverages or any chemical or controlled substance.

• In Jacksonville, you can be charged with a DUI if:
• Your Blood Alcohol Level (BAL) or Breath Alcohol Level (BrAC) is .08 or higher.
• Your "normal faculties" are impaired, regardless of your breathalyzer results.

When you are arrested for a DUI in Jacksonville, you are actually facing two separate cases:

• The Criminal Case: Handled in the Duval County court system, this determines your guilt or innocence and potential penalties like jail time, fines, and probation.
• The Administrative Case: Handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). You have only 10 days from the date of your arrest to request a formal review hearing to challenge the automatic suspension of your driver’s license.

Common Types of DUI Charges

Not every DUI case is the same. At Owenby Law, P.A., we handle a wide variety of DUI-related offenses, ranging from first-time misdemeanors to complex felony cases.

First-Time DUI

While a first offense is typically a misdemeanor, it still carries mandatory penalties, including fines between $500 and $1,000, up to six months in jail, and a minimum 180-day license revocation.

Felony DUI

A DUI can be elevated to a felony if it is your third conviction within 10 years, your fourth conviction regardless of timing, or if the incident resulted in "serious bodily injury" to another person.

DUI Manslaughter

The most severe charge under Florida DUI law, this occurs if a person’s operation of a vehicle while impaired causes the death of another human being. This carries a mandatory minimum prison sentence.

Commercial DUI

For those with a Commercial Driver’s License (CDL), the stakes are even higher. The legal limit is lowered to .04 BAL, and a conviction can lead to a lifetime ban from operating commercial vehicles, effectively ending a career.

Legal Defenses to DUI Charges

Being charged with DUI does not mean you are automatically guilty. At Owenby Law, P.A., we carefully examine every aspect of your case to identify weaknesses in the prosecution’s evidence.

Common DUI Defenses

• Unlawful Traffic Stop: Law enforcement must have a valid reason to stop your vehicle. If the stop was unlawful, any evidence obtained may be suppressed.
• Faulty Breathalyzer Results: Breath testing devices must be properly maintained and calibrated. Errors or malfunctions can lead to inaccurate readings.
• Improper Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by factors such as medical conditions, weather, or uneven surfaces.
• Violation of Rights: If your constitutional rights were violated during the arrest or investigation, your case could be dismissed or reduced.
• Rising Blood Alcohol Defense: Your BAC may have been below the legal limit while driving but increased by the time you were tested.

A strategic defense tailored to your specific situation can significantly improve your chances of a favorable outcome.

DUI FAQs

What should I do after a DUI arrest in Jacksonville?

Remain calm and avoid making statements that could be used against you. Contact a Jacksonville DUI defense attorney as soon as possible to protect your rights and begin building your defense.

Will I lose my driver’s license immediately?

You may face an administrative license suspension shortly after your arrest. However, you typically have 10 days to request a formal review hearing to challenge the suspension.

Can a DUI charge be reduced or dismissed?

Yes, depending on the circumstances. Weak evidence, procedural errors, or effective legal arguments may lead to reduced charges or case dismissal.

Do I have to take the breathalyzer test in Florida?

Florida has an "Implied Consent" law. By holding a driver's license, you have technically agreed to submit to breath or urine testing if lawfully arrested. Refusing the test will result in an automatic one-year license suspension for a first refusal.

What happens if I refuse the field sobriety tests?

Unlike the breathalyzer, you are not legally required to perform roadside field sobriety tests (like walking in a straight line or standing on one leg). In many cases, refusing these subjective tests provides the prosecution with less evidence to use against you in court.

Can I get a "hardship" license to drive to work?

If your license is suspended, you may be eligible for a hardship license for business or employment purposes. At Owenby Law, P.A., we assist clients in filing the necessary paperwork and attending hearings to regain their ability to drive.

Is a DUI a permanent record in Florida?

Yes. In Florida, a DUI conviction cannot be sealed or expunged. This makes it vital to fight for a reduction of charges (such as "Reckless Driving") or a dismissal before a conviction is entered.

Do I need a lawyer for a first-time DUI?

Absolutely. Even a first offense carries serious consequences. An experienced attorney can help minimize penalties and potentially avoid a conviction.

Call Owenby Law, P.A. Today

If you have been accused of driving under the influence, we urge you to call our criminal defense team at Owenby Law, P.A. right away. We can examine the details of your case and determine which legal strategies can best safeguard your rights and future. When you choose to work with our team, you can rest easier knowing we will do everything in our power to have your charges reduced or dismissed completely.