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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) 507-6194or 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
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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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"Caring, diligent, and professional."
Monroe Law, P.A. was amazing in my time of need. The staff was caring, diligent, and highly professional, supporting me every step. Communication was great throughout the process. I'm very thankful I hired Monroe Law, P.A. for top-quality defense and excellent results.- C. Elizabeth R. -
"Professional, knowledgeable, dedicated."
I recently worked with Monroe Law, P.A. and couldn't be more satisfied. From first contact, I felt assured and confident in their ability. The entire team is professional, knowledgeable, and dedicated. Their personal attention and care made me feel like a priority. Highly recommend.- Ryan W. -
Scott Monroe is the best criminal defense attorney in Jacksonville, Florida. There were many difficult times throughout the process, in view of the serious accusations, but Scott and his team never quit!- Ben S.
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"Professional, knowledgeable, dedicated."
I recently worked with Monroe Law, P.A. and couldn't be more satisfied. From first contact, I felt assured and confident in their ability. The entire team is professional, knowledgeable, and dedicated. Their personal attention and care made me feel like a priority. Highly recommend.- Ryan White
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.
What Types of DUI Cases Do You Handle?
At Monroe Law, P.A., we are committed to providing comprehensive representation for all types of DUI cases. Our experienced legal team is adept at handling:
Each type of case carries unique challenges and potential consequences, but with our nuanced approach and dedication, we strive to ensure the best possible outcome for our clients. Trust us to navigate the complexities of your situation with the expertise and attention to detail that Monroe Law, P.A. is known for.
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.
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.
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
Don't Lose Your License! Fight Your Jacksonville DUI Case Today. Call Now for Help.
4 Ways To Fight a DUI Charge in Florida
Here are four possible paths to contesting DUI charges under Florida law:
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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.
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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.
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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.
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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.
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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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We tailor custom defense strategies for each client's unique situation.
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We have experience on both sides of the courtroom.
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Don't hesitate! Give us a call whenever you need legal help.
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Get started on your award-winning defense with a free consultation today.