Phone Available 24/7
904.513.3905
Menu
Free Criminal Case Review

Start Your Path To Justice Now.

Free Case Review

Expert DUI Defense Attorney Jacksonville, FL

DUI Defense

Arrested for Driving Under the Influence in Florida?

free case review

Free Criminal Case Review

Start Your Path To Justice Now.

talk to a dui attorney in jacksonville, florida

Experienced DUI Attorney: Lufrano Legal, P.A.

The criminal defense law firm law firm of Lufrano Legal, P.A. is wholly dedicated to helping people who have been charged with crimes in and around Jacksonville, Florida. Our experience with Florida DUI cases and the Duval County court system can be invaluable when you or a loved one has been charged with driving under the influence.

If you’re facing a DUI or DUI accident with injuries charge, don’t gamble with your future. A consultation with one of our experienced DUI defense & CDL DUI attorneys is free, so you have nothing to lose by learning more about your rights and options. Call (904) 513 3905 right now or fill out the contact form on this site to schedule an appointment.

DUI Defense Overview

Understanding DUI Laws in Florida

In Florida, a person is guilty of driving under the influence if he or she is driving or in actual physical control of the vehicle and any one of the following is also true:

  • The person is under the influence of alcohol or another substance to the point that his or her normal faculties are impaired,
  • The person has a blood alcohol level (BAL) of .08 or more grams of alcohol per 100 milliliters of blood, or
  • The person has a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath
  • The person refused breath or chemical testing

That means a person can be convicted of DUI in Florida if blood or breath alcohol content exceeds the legal limit even if he or she shows little or no sign of impairment. And, a person may be convicted of DUI if he or she is operating a vehicle while impaired by alcohol or a chemical or controlled substance even with blood or breath alcohol content below the legal limit.

DUI Penalties

DUI Case Types

Florida DUI Penalties

We are often asked if a DUI is a felony if Florida. A first-offense DUI conviction in Florida may result in a jail sentence of up to six months and a fine of $500-1,000. In addition, the defendant will typically be required to pay court costs, and the court may order a period of probation. Terms of probation may impose additional obligations, such as substance abuse evaluation and counseling.

If there are aggravating factors or a previous conviction, consequences may be even more severe. For instance, if the operator’s BAL was .15 or greater, or there was a minor in the vehicle, the potential penalties are increased to up to 9 months of incarceration and a fine of $1,000-2,000.

For a second conviction within 10 years, possible penalties increase to:

  • Up to 9 months in jail
  • A fine of $1,000-2,000
  • Mandatory placement of an ignition interlock device for at least one year

A third DUI offense within 10 years is a 3rd degree felony and is punishable by up to five years in prison and a fine of up to $5,000.

A fourth or subsequent DUI is also a 3rd degree felony regardless of the amount of time that has passed between the offenses.

Administrative Driver’s License Suspension in Florida

In addition to the penalties imposed by the court, Florida law imposes a six-month administrative driver’s license suspension for any driver who tests at .08 or above. The suspension is longer for second and subsequent offenses, and if the driver refused chemical testing.

This suspension typically begins immediately when the citation is issued. While this suspension is automatic upon chemical test failure, it is subject to challenge. For example, your attorney may be able to demonstrate that the officer did not have probable cause to believe that you were under the influence or to call the accuracy of the chemical test into question. However, you have just 10 days to either request or waive review. So, you will want to consult an experienced Jacksonville DUI lawyer as soon as possible after your arrest.

Indirect Consequences of a DUI Conviction

Possible jail time, a significant fine, court costs, driver’s license suspension, and the possibility of restrictive probation may be only the beginning when it comes to the consequences of a conviction for driving under the influence in Florida. For example:

  • Although you may think of driving under the influence as a traffic offense, it is a criminal conviction resulting in a criminal record—a felony record in some cases
  • Having a DUI conviction can disqualify you from certain types of employment
  • The high-risk automobile insurance required after a DUI conviction is significantly more expensive than standard car insurance

Available 24 / 7 Whenever You Need Us

Top Criminal Attorney in Jacksonville

Need an experienced criminal law firm in Jacksonville? Contact Lufrano Legal today to schedule your free initial consultation.

904.513.3905

Contact Us
Matthew Lufrano
Lawyer Matthew Lufrano
Florida board criminal trial certification badge
Super Lawyers

Defense Against DUI Charges

Fighting Jacksonville Florida DUI Charges

Many people believe that when you’ve been arrested for DUI, a conviction is inevitable. But, a skilled DUI criminal defense attorney may be able to identify flaws in the case, such as:

  • Lack of probable cause for the stop
  • Faulty chemical testing equipment
  • Improperly administered blood or breath alcohol level testing

If the charge is based on impairment rather than BAL, your DUI attorney may be able to call the officer’s observations into question or to identify discrepancies in the police report and other evidence.

Depending on your goals and how serious the weaknesses in the case are, your attorney may be able to use these flaws to:

  • Call into question the accuracy of the breath or chemical test
  • Convince the prosecutor to dismiss the charges
  • Negotiate for reduced charges or other favorable terms for a plea agreement
  • Successfully move the court to dismiss the charges
  • Win an acquittal (not guilty verdict) at trial

Too often people arrested for DUI do not fully understand their rights or the possible ways to challenge a DUI charge. They often take the prosecutor’s word that their first offer is the best outcome available. Don’t make that mistake; contact our experienced DUI lawyers at Lufrano Legal, P.A.

Getting pulled over and arrested for DUI can be overwhelming, especially if it’s your first time dealing with the criminal justice system. Here’s a general step-by-step guide on what to do if you’re arrested for DUI in Florida.

Handle a DUI Arrest

How to Handle a DUI Arrest in Jacksonville FL

Getting pulled over and arrested for DUI can be overwhelming, especially if it’s your first time dealing with the criminal justice system. Here’s a general step-by-step guide on what to do if you’re arrested for DUI in Florida.

Step 1: Stay Calm and Comply with the Officer

Remain polite and cooperative. Do not argue or resist, even if you believe the stop is unjustified. Any resistance can make your situation worse.

Step 2: Exercise Your Right to Remain Silent

You must provide your license, registration, and insurance — but beyond that, you are not required to answer questions about drinking or where you’ve been. Politely state that you wish to remain silent.

Step 3: Understand the Consequences of Refusing a Breath Test

Florida’s implied consent law means that refusing a breath, blood, or urine test can result in a license suspension — even if you’re not convicted of DUI. You can still refuse, but it’s important to know the risk.

Step 4: Don’t Argue About the Arrest at the Scene

Even if you believe the officer is wrong, don’t argue your case on the roadside. Any challenges should be made later, through your attorney.

Step 5: Write Down What Happened

As soon as you’re able, jot down every detail you remember: what the officer said, what tests you performed, where you were pulled over, etc. These details could be important for your defense.

Step 6: Contact a DUI Defense Attorney Immediately

The sooner you get legal help, the better. An experienced DUI attorney can advise you on your next steps, protect your rights, and represent you in court.

Step 7: Take Action to Protect Your Driver’s License

In Florida, you may only have 10 days from the date of your arrest to request a formal review hearing with the DMV. Your attorney can guide you through this process.

Florida DUI Law Reference

316.193 Driving under the influence; penalties.

DUI Defense FAQs

While it may be possible to resolve a criminal DUI case without an attorney, doing so is almost never a good decision. Having a skilled and knowledgeable DUI attorney can often benefit you in ways you never expected. Remember attorneys have undergone years of schooling, passed a state-wide exam, and acquired years of on the job training. So be sure not to miss a chance to protect yourself and your future, contact a DUI criminal law attorney like those at Lufrano Legal, P.A. today. We offer free DUI defense consultations to help clients make informed and intelligent decisions.

The cost of hiring a DUI lawyer in Jacksonville, Florida varies from attorney to attorney. But more important than the price that any one attorney quotes you should be the following: 

  • Are they Board Certified Experts in Criminal Trial Law or Criminal Appeals?
  • What kind of experience does the DUI defense attorney have?
  • Is the attorney recognized for excellence in their field of DUI defense law?
  • Has the attorney explained to you the various aspects of a DUI prosecution, both criminal and administrative?
  • Do you feel comfortable with the attorney?
    How often will we communicate?

So if you or someone you care about has been arrested for DUI you should speak with the attorney, like Matthew Lufrano of Lufrano Legal, P.A. Chances are good you’ll be glad you did. Not only is Mr. Lufrano Board Certified attorney in Criminal Trial Law, but he has been defending clients charged with DUI and more serious offenses for over a decade.

If a person pleads to or is convicted of a first time DUI in Florida the minimum penalties must be imposed:

  • A conviction for the offense of DUI.
  • The imposition of a jail sentence for the time a defendant has already served.
  • At least six months of probation with the following special conditions:
    • Six month suspension of your driver’s license
    • Enroll in and complete DUI School
    • Attend a Victim Impact Panel
    • Complete 50 hours of community service
    • There will be a 10 day impoundment of your vehicle’s tag
    • Pay a $500.00 fine and additional court costs

However these penalties can be enhanced even for a first time DUI depending on circumstances such as: 

  • The level of a driver’s breath alcohol content.
  • If there was a crash.
  • Whether there was a minor in the vehicle at the time of the offense.

Additionally should you plead to or be convicted of DUI in the State of Florida your criminal record can never be sealed or expunged. 

That’s why people charged with offenses like DUI need the advice and assistance of skilled defense attorney in Jacksonville, like Matthew Lufrano of Lufrano Legal, P.A. After all a good DUI defense lawyer may be able to help you with the development of a defense, looking for issues with the State’s case against you, representing you in Court, and even dealing with the prosecutor should you wish to try and resolve the case through a plea deal.

A criminal record isn’t like a credit report, with negative items dropping off over time. A DUI conviction stays on your criminal history forever. That’s why it’s important to address any DUI arrest with an experienced DUI defense lawyer when the matter first arises as opposed to after its conclusion. Moreover, the firm of Lufrano Legal, P.A. stand ready to assist you or anyone you care about facing such a charge twenty-four hours a day seven days a week.

It is also worth noting that the age of a DUI conviction can make a difference in subsequent DUI proceedings. As a result, speaking with an experienced Jacksonville DUI lawyer can help you understand the impact of such prior DUI convictions on you today. So if you or a loved one are facing a DUI, contact the firm today.

The short answer is it depends. Should the police take your driver’s license following an arrest then you’ll want to look at the bottom of your DUI citation. In some situations the DUI citation will actually serve as a temporary 10-day driver’s permit. But the best thing to do when confronted with such a scenario is to reach out to an experienced DUI lawyer who can help ensure that the next step you take doesn’t put you in further hot water.  

Additionally, should your license be “immediately” suspended following a DUI arrest, such a  suspension can be challenged. However, the time frame to challenge the suspension is very short: you only have 10 days to request a review. 

So if you’ve been arrested for DUI, it is in your best interest to schedule a consultation with a DUI lawyer right away, after all that 10-day clock is ticking.

Unfortunately, defendants convicted of a first time DUI can go to jail or serve additional jail time upon conviction. The law in Florida classifies the offense of DUI as a first-degree misdemeanor, and as a result even in the least egregious circumstances, the maximum potential penalty for a first time DUI would be six months in the county jail.

Moreover, there are a wide variety of factors that impact whether additional jail time is something that a person charged with DUI might face. So, If you or a loved one are charged with a first-time DUI, an experienced DUI lawyer in Jacksonville, like Matthew Lufrano of Lufrano Legal, P.A. will be able to provide you with case-specific analysis on this or other issues you face.

Generally, the answer is no, a passenger cannot be charged with a DUI. To be convicted of DUI in Florida, a person must be shown to have been either driving or in actual physical control of the vehicle. Now like most things in the legal world there are potential exceptions to this general statement. For instance, it might be possible to charge a passenger with DUI if they were impaired and the passenger was steering the vehicle from the passenger seat. But ordinarily, if someone else is driving the vehicle and the passenger is merely riding, the passenger could not be committing the offense of DUI.

Note, though, that a passenger may be charged with other crimes. For example, a passenger drinking in the car could be charged with violating Florida’s open container law.

The potential penalty for a DUI with a child (anyone under the age of 18) in the car is more severe than the maximum penalty for a basic DUI charge. However, just how severe those penalties become depends on whether or not the defendant has any prior DUI convictions. Further, while convictions for any DUI charge come with a litany of special conditions including probation, DUI school, license suspensions, community service and others, below you’ll find the specifically enhanced aspects of DUI penalties if a DUI is committed with a minor passenger.

For a first time DUI, the maximum possible jail sentence is increased from six months to nine months, the minimum fine is doubled from $500 to $1,000, the maximum possible fine is doubled from $1,000 to $2,000, and the Court is required to impose an ignition interlock device for at least six months.

For a second DUI the maximum possible jail sentence is increased to twelve months, the minimum fine is $2,000, the maximum possible fine is $4,000, and the Court is required to impose an ignition interlock device for at least two years.

For a third or Subsequent DUI, an individual could be sentenced to up to 5 years in prison and faces a fine of at least $4,000 and the Court is required to impose an ignition interlock device for at least two years.

The full impact of alcohol doesn’t hit you the moment you swallow it. In fact, your Blood or Breath Alcohol Level (BAL) can continue to rise for anywhere from thirty minutes up to about two hours after alcohol is consumed. That means that, depending on when a person consumed an alcoholic beverage, and when they were stopped, it is possible that their BAL was still increasing. In such a situation it is possible that while a person was driving they had a lower BAL than when they ultimately arrived at the police station and provided a breath sample. In other words, the fact that your BAL is above .08 when you’re tested after a DUI arrest doesn’t necessarily mean you were over the legal limit when you were stopped. But to support such a defense, one may need to employ an expert in the field of retrograde extrapolation. However, the best source of information about viable defenses in your DUI case is an experienced Jacksonville DUI lawyer.

In some cases, it is possible to challenge the chemical test results in a DUI case. For example, your attorney may be able to challenge the accuracy of the machine based on inadequate maintenance, or argue that the officer who tested your BAL wasn’t properly trained or didn’t follow proper procedures. The best source of information about the best possible defenses in your DUI case is an experienced Jacksonville DUI lawyer.

Perhaps the biggest mistake that people make when arrested for DUI would be pleading guilty to DUI at their first court appearance. An early guilty plea cuts off your attorney’s ability to help you get the best outcome possible. Likewise, someone who has likely slept little and is uncomfortable while being held is usually not in the best shape to make a serious life impacting decision. So if you or someone you care about is arrested for DUI it’s best to consult with an experienced defense attorney right away.

The consequences of a DUI conviction vary depending on a variety of factors, such as whether you have prior offenses, whether there was a minor in your car, whether or not there was a collision or other factor that increase the possible penalties.

But for a first time DUI, the maximum sentence is six months in jail, but that doesn’t mean everyone convicted of DUI serves six months. The minimum jail sentence on a first time DUI is time served or the time the defendant has already served.

Another commonly used term when it comes to a DUI in Florida is First Mins meaning the required minimum penalties for a first time DUI Conviction. As such the First Mins for a DUI in Florida are:

  • A conviction for DUI
  • 6 months of Probation
  • Time Served
  • 6 month Drivers License Suspension
  • DUI School
  • Victim Impact Panel
  • 50 hours of Community Service
  • 10-day Tag Impoundment
  • $500 Fine and additional Court Costs

Deciding whether or not to enter a plea of guilty or a plea of no contest to DUI is a big decision. More precisely it is a decision that should only be reached after significant thought and thorough consultation with an experienced criminal defense attorney.

Thus at First Appearance, if arrested for DUI, entering a plea of Not Guilty will provide a defendant a chance to consult a DUI lawyer and explore possible defenses. This time will not only afford a defendant an opportunity to better understand their case and what is at stake, but it will also allow their attorney the best chance of offering meaningful assistance.

Now if someone has decided that they will be entering a plea of guilty or no contest, while they ultimately enter typically has little impact on them. That said, some defendants prefer pleading no contest, because they are not actually admitting to the crime. However, as a practical matter, it makes little difference as either will result in the same penalties agreed upon.

When you’re looking for a DUI defense lawyer, you’ll need to apply both objective and subjective judgment. Objectively, you’ll want to work with an attorney who has extensive DUI experience.

You’ll also want to seek out an attorney with criminal trial experience, who is ready, willing and able to fight for you in court if that turns out to be the best way to handle your DUI case.

The subjective factors have to do with how you interact with the attorney. When you’re facing criminal charges it’s essential that you trust your attorney and feel comfortable being completely honest with them.