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 & Walker. 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) by operating a vehicle while impaired by alcohol, chemical substances, or controlled substances to the extent that your normal faculties are impaired, or (2) by operating a vehicle with a blood-alcohol level (BAC) of 0.08 or higher as measured by a breath or blood test.
The second prong relies entirely on the validity of the chemical test. Breath testing instruments have known failure modes. Blood draws must follow strict chain-of-custody protocols. A test result above 0.08 does not automatically mean conviction — it means the prosecution has a number that must be tested against the actual science and the specific facts of your arrest.
First-Offense DUI in Florida: Penalties
For a first-offense DUI with no aggravating factors, Florida law provides: a fine of $500 to $1,000; imprisonment up to 6 months; probation not exceeding 1 year total; driver’s license revocation of 180 days to 1 year; 50 hours of community service; DUI school and substance abuse evaluation; and ignition interlock if BAC was 0.15 or higher or a minor was in the vehicle.
A first-offense DUI is a misdemeanor — but it stays on your Florida criminal record permanently and cannot be expunged.
Second and Third Offense DUI: Felony Territory
A second DUI within five years of a prior DUI 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 and a $5,000 fine. A fourth DUI at any time is a third-degree felony regardless of when the prior convictions occurred.
Aggravated DUI: Elevated Charges
DUI with Serious Bodily Injury — A DUI that causes serious bodily injury to another person is a third-degree felony under § 316.193(3)(c)2.
DUI Manslaughter — A DUI that causes the death of a human being is DUI manslaughter, a second-degree felony punishable by up to 15 years in prison. If the driver knew or should have known the accident occurred and failed to render aid, it becomes a first-degree felony with a mandatory minimum 4-year prison sentence.
DUI Defense Strategies: Where Cases Are Won
Challenging the Traffic Stop — The Fourth Amendment prohibits unreasonable searches and seizures. If the stop was not supported by reasonable suspicion, all evidence obtained — including field sobriety tests and breath test results — may be suppressed. A successful suppression motion can end the case entirely.
Attacking Field Sobriety Tests — The NHTSA has standardized three field sobriety tests: HGN, Walk-and-Turn, and One-Leg Stand. Each has specific administration protocols. Officers who deviate from those protocols undermine the reliability of the test.
Challenging Breath Test Results — Florida uses the Intoxilyzer 8000 as its approved breath testing instrument. Challenges include operator certification lapses, calibration discrepancies, improper observation period, mouth alcohol contamination, and the inherent margin of error in breath-to-blood conversion formulas.
Challenging Blood Test Results — Blood draws must follow strict protocols. Chain of custody failures, improper storage, contamination, fermentation of the blood sample, and laboratory error can all undermine the integrity of a blood test result.
Rising Blood Alcohol — In some cases, the defendant’s BAC was below 0.08 at the time of driving but had risen above 0.08 by the time the breath test was administered. Expert testimony on alcohol absorption rates can support this defense.
The DMV Hearing: Your License Is a Separate Fight
You have 10 days from the date of your arrest to request a formal review hearing with the Florida DHSMV. If you do not request the hearing within 10 days, your license is automatically suspended for the full period with no review. Call us immediately after a DUI arrest — this deadline cannot be extended.
Implied Consent and Refusal
Florida’s Implied Consent Law (§ 316.1932, Fla. Stat.) provides that any person who drives in Florida has impliedly consented to submit to a breath, blood, or urine test if lawfully arrested for DUI. Refusal carries its own consequences: a one-year license suspension for a first refusal, 18 months and a first-degree misdemeanor charge for a second refusal.
What to Do Immediately After a DUI Arrest
Do not make statements. Invoke your right to remain silent and your right to an attorney immediately. Contact us within 10 days. The DHSMV hearing deadline is not flexible. Call (904) 444-4444.
Frequently Asked Questions: Jacksonville DUI Defense
Can a DUI be reduced to reckless driving in Florida?
Yes, in some cases. A reduction to “wet reckless” (§ 316.192) carries lesser penalties and does not count as a prior DUI for enhancement purposes in most circumstances. Whether a reduction is available depends on the strength of the prosecution’s evidence and the specific prosecution office’s policies.
Will I lose my license immediately after a DUI arrest?
Your license is subject to administrative suspension at the time of arrest. However, if you request a formal review hearing within 10 days, the suspension may be stayed pending the outcome. Call us immediately after your arrest — this deadline is absolute.
Can I get a DUI expunged in Florida?
No. Florida law does not allow expungement of a DUI conviction. A DUI conviction stays on your criminal record permanently. If the case is dismissed or you are acquitted, expungement may be available.
Do I have to take the field sobriety tests?
No. Field sobriety tests are voluntary in Florida. You may decline without penalty to your license. Refusal of breath or blood tests carries implied consent consequences, but field sobriety tests do not.
What is the look-back period for DUI prior convictions in Florida?
For second-offense mandatory minimum jail time, the look-back period is five years. For third-offense felony treatment, it is ten years. A fourth DUI is a felony regardless of when prior convictions occurred.
Phillips, Hunt & Walker | (904) 444-4444 | Jacksonville DUI Defense — Duval, Clay, Nassau, and St. Johns Counties