Jacksonville DUI Lawyer
A DUI arrest is not a conviction. From the moment you are stopped to the moment a jury returns a verdict, there are multiple points where a skilled criminal defense attorney can challenge the evidence, suppress an unlawful stop, attack the reliability of a breath or blood test, and build a defense that protects your license, your record, and your future.
John Phillips personally handles criminal defense at Phillips Hunt Whited. He has defended high-profile cases across Northeast Florida and is a recognized legal commentator on criminal matters, appearing on court television programs to analyze major cases. When national broadcasters want a credible voice on criminal law, they call John Phillips. When you are charged with DUI in Jacksonville, you want the same attorney on your side.
We defend DUI charges in Jacksonville and across the 4th Judicial Circuit — Duval, Clay, and Nassau counties — and in St. Johns County. Call us at (904) 444-4444 for a free consultation. Do not wait.
Florida DUI Law: What You Are Actually Facing
Florida’s DUI statute is § 316.193, Fla. Stat. You can be convicted of DUI in two ways: (1) operating a vehicle while impaired by alcohol, chemical substances, or controlled substances to the extent that your normal faculties are impaired, or (2) operating a vehicle with a blood-alcohol level (BAC) of 0.08 or higher. The critical phrase in the impairment prong is “normal faculties” — Florida courts define this to include the ability to see, hear, walk, talk, judge distances, drive, make judgments, and act in emergencies.
First-Offense DUI Penalties
For a first-offense DUI: fine of $500–$1,000 (doubled if BAC was 0.15+ or a minor was present); up to 6 months imprisonment; probation not exceeding 1 year; license revocation 180 days to 1 year; 50 hours community service; DUI school; ignition interlock if BAC 0.15+. A first DUI is a misdemeanor — but it is permanent on your Florida criminal record and cannot be expunged.
Second and Third Offense DUI: Felony Territory
A second DUI within five years requires a mandatory minimum 10 days in jail. A third DUI within 10 years of two prior DUIs is a third-degree felony under § 316.193(2)(b), punishable by up to 5 years in prison. A fourth DUI is a third-degree felony regardless of timing. Felony DUI carries loss of voting rights, firearm rights, employment consequences, and professional license implications.
Aggravated DUI
DUI with Serious Bodily Injury — Third-degree felony under § 316.193(3)(c)2.
DUI Manslaughter — Second-degree felony, up to 15 years. Failure to render aid after knowing an accident occurred elevates it to a first-degree felony with a mandatory minimum 4-year prison sentence.
DUI Defense Strategies
Challenging the Stop — A stop without reasonable suspicion can result in suppression of all evidence. A successful suppression motion can end the case entirely.
Field Sobriety Tests — NHTSA’s standardized tests (HGN, Walk-and-Turn, One-Leg Stand) each have specific protocols. Officer deviations undermine reliability and are grounds for challenge.
Breath Test Challenges — Florida uses the Intoxilyzer 8000. Challenges include calibration defects, operator certification lapses, improper observation period, mouth alcohol contamination, and the margin of error in breath-to-blood conversion.
Blood Test Challenges — Chain of custody failures, improper storage, contamination, fermentation, and lab error can all undermine a blood test result.
Rising BAC Defense — If BAC was below 0.08 at the time of driving but above 0.08 when tested, expert testimony on absorption rates supports this defense.
Medical Defenses — Diabetes, hypoglycemia, GERD, and inner ear disorders can produce false impairment indicators on field sobriety tests or elevated breath readings.
The DMV Hearing: 10-Day Deadline
You have 10 days from arrest to request a formal DHSMV review hearing. Miss that deadline and your license is automatically suspended for the full period — no review. This deadline cannot be extended. Call us immediately after a DUI arrest. We request formal review hearings in every case.
Implied Consent and Refusal
Florida’s Implied Consent Law (§ 316.1932) provides that driving in Florida constitutes consent to breath, blood, or urine testing if lawfully arrested for DUI. First refusal: one-year license suspension. Second refusal: 18-month suspension plus a first-degree misdemeanor charge.
Frequently Asked Questions
Can a DUI be reduced to reckless driving in Florida?
Yes, in some cases. A “wet reckless” under § 316.192 carries lesser penalties and generally does not count as a prior DUI for enhancement. Availability depends on the prosecution’s evidence and the specific SAO office’s policies.
Will I lose my license immediately after arrest?
Your license is subject to administrative suspension at arrest. Request a formal review hearing within 10 days and the suspension may be stayed. This deadline is absolute.
Can a DUI be expunged in Florida?
No. DUI convictions are permanent. If the case is dismissed or you are acquitted, expungement may be available.
Do I have to take field sobriety tests?
No. Field sobriety tests are voluntary. Refusal does not carry the same license consequences as refusing a breath or blood test.
What are the look-back periods for DUI enhancements?
Five years for second-offense mandatory jail; ten years for third-offense felony treatment. A fourth DUI is a felony regardless of timing. Prior out-of-state convictions count.
Phillips Hunt Whited | (904) 444-4444 | Jacksonville DUI Defense — Duval, Clay, Nassau, and St. Johns Counties