DUI Defense Lawyer in Jacksonville

Experienced DUI Defense Attorneys in Duval County

DUI cases are complex criminal defense cases that can change a person’s life. If convicted, a DUI sentence carries not only the penalties ordered by the court, such as classes, probation, and community service, but also collateral penalties that come with the conviction, such as higher insurance. Florida has very serious penalties for even first-time DUI offenders.

When someone is arrested for a DUI, it often comes as a shock. Our clients are ordinary, hard-working people who never thought something like this could happen to them. We do not judge but analyze each criminal case carefully to determine the best course of action.

Our Jacksonville DUI lawyer can challenge the evidence against you and fight for the most suitable outcome on your behalf! Here at The Law Offices of Kate Mesic, P.A., we focus on providing strategic legal defenses and personalized service. We meticulously examine every detail of your arrest circumstances, including breathalyzer calibration and field sobriety test administration, to build a robust defense strategy tailored to your specific case.

Every DUI defense case is different. Let our firm prepare a solid defense based on your unique circumstances. Call The Law Offices of Kate Mesic, P.A. at (904) 615-8950 today.

Do I Need a DUI Lawyer in Florida?

While you aren't required to hire a DUI lawyer in Florida, it is highly advisable. DUI laws are complex and can have severe consequences. A knowledgeable DUI attorney can help you avoid a conviction and mitigate penalties. Having legal representation can provide a strategic advantage, as attorneys understand the intricate nuances of DUI laws and how they apply to the specifics of your situation. Furthermore, a lawyer can negotiate on your behalf, potentially reducing charges or penalties, which can significantly impact your future quality of life.

Driving under the influence is not only a legal issue but can also have long-lasting implications on your personal and professional life. Having a skilled attorney by your side can make a significant difference, providing guidance through each step from arrest to court proceedings and potentially reducing penalties or charges. An attorney can also advise on the implications of license suspensions and help navigate reinstatement processes with the DMV, ensuring your rights and freedoms are protected throughout.

What Triggered Your DUI Stop?

A good starting point to evaluate your DUI case is understanding why you were pulled over. Was it for speeding? A broken tail light? Perhaps weaving within the lane? Did the officer claim they suspected an impaired driver?

To pull you over, the officer must have reasonable suspicion. In the absence of reasonable suspicion, the stop has to be suppressed. This type of issue is brought up before the court on a Motion to Suppress. The Jacksonville court will then hear the testimony and argument and make a decision. If the Motion to Suppress is granted, this can lead to the suppression of the entire stop and the arrest.

Understanding the initial cause for your traffic stop can provide insight into the legality of the procedures followed. If an officer fails to adhere to legal standards for initiating a stop, this can significantly weaken the prosecution's case. Additionally, gathering comprehensive details about the stop—such as the officer’s demeanor, the time and location, and any prior incidents at the stop location—can be crucial in building a defense.

Additionally, we ask clients for information about field sobriety exercises. When did the officer ask you to perform these exercises? Did they have reasonable suspicion to suspect impairment? For example, in a situation where one officer pulls you over and calls a DUI officer for an investigation, our Jacksonville DUI defense lawyers evaluate the matter to see if the first officer had enough reason to suspect you were impaired. Once again, this can be a turning point in your DUI case. Furthermore, understanding the procedures and legal grounds for conducting such tests can help in contesting the validity of the evidence when it is improperly gathered or administered.

Defenses Against a DUI Charge in Jacksonville

When facing a DUI charge in Jacksonville, several potential defenses could challenge the prosecution’s case and potentially lead to a favorable outcome. Understanding these defenses is crucial for anyone navigating this complex legal situation.

One common defense is questioning the legality of the traffic stop. If law enforcement officers did not have a reasonable suspicion or probable cause to pull you over, any evidence gathered during the stop, including field sobriety tests and breathalyzer results, may be deemed inadmissible.

Another defense involves challenging the accuracy of field sobriety tests. These tests, while commonly used, are not infallible. Factors such as poor weather conditions, medical conditions, or even officer bias can affect the results. An experienced DUI attorney can scrutinize these tests to ensure they were administered and interpreted correctly. Exploring conditions such as uneven road surfaces, inappropriate testing environments, or inadequate instructions by officers can further provide angles for contesting the results.

Breathalyzer results can also be contested. These devices must be properly calibrated and maintained to ensure accuracy. If the machine was not correctly calibrated or the testing procedure was flawed, the results may not be reliable. An attorney can investigate whether the breathalyzer was functioning correctly and if the testing protocol was followed.

Similarly, blood test results, though more accurate than breath tests, can be challenged on grounds of improper handling or contamination. Ensuring that blood samples were collected and stored according to legal standards is crucial in contesting the validity of these results. The chain of custody for these samples must be carefully documented and preserved, and any deviation from standard procedures can serve as grounds for challenging the evidential weight of these tests.

Lastly, it's essential to consider the potential for procedural errors or violations of your rights. If police failed to inform you of your rights or did not follow proper procedures during the arrest, this could impact the admissibility of evidence. These violations can form the basis for a robust defense strategy, as protecting the rights of the accused is a cornerstone of the legal process.

Understanding the specific nuances of each defense can make a world of difference in handling DUI charges. Legal knowledge combined with strategic investigation could uncover critical aspects that lead to a more favorable outcome, such as reduced charges or dismissed cases.

Is DUI a Misdemeanor in Florida?

In the state of Florida, first and second DUIs are generally considered misdemeanor offenses. First or second DUI charges in Florida are usually punishable by fines, probation, community service, driver’s license suspension, mandatory DUI education programs, and possibly even imprisonment. However, it’s important to keep in mind that the classification of a DUI may vary depending on the individual’s specific circumstances and prior convictions. Subsequent offenses or instances involving certain aggravating factors, such as causing bodily injury or death of another, could be charged as felony offenses.

DUIs involving minors or with a high blood alcohol content may also lead to heightened charges and penalties. The severity of these penalties underscores the importance of legal representation to potentially reduce or contest the charges. A comprehensive understanding of the nuances in Florida DUI laws can assist in comprehending what a charge may entail and in preparing a robust defense strategy to address it.

Furthermore, understanding the potential ramifications of a DUI charge is crucial for those charged. Beyond the immediate legal repercussions, a DUI conviction can lead to long-term consequences that affect employment prospects, insurance premiums, and even social stigma. It’s vital to approach these charges with a comprehensive understanding of their potential impacts and to plan a strategic legal defense.

Why Choose Us as Your DUI Defense Attorney in Jacksonville?

Over the past 15 years, I have provided knowledgeable and personalized legal representation to clients throughout Jacksonville, including Duval, Nassau, Clay, and St. Johns. At The Law Offices of Kate Mesic, P.A., we handle criminal and business law matters with a commitment to obtaining the most favorable outcome in Jacksonville courts.

Our approach to legal representation is rooted in empathy and understanding, recognizing the stress and uncertainty that accompany legal charges. We prioritize listening to our clients’ needs, ensuring they receive customized legal solutions that align with their unique circumstances. Every detail of your case is handled carefully, ensuring that strategic solutions are applied to protect your rights and future. Our team is deeply familiar with the nuances of local courts and strives to offer the best possible defense strategies within this framework.

Our holistic approach has earned us a reputation for reliability and trust in the community, assuring clients that their cases are handled with the utmost care and professionalism. Besides offering strong legal defenses, we also engage in community service and local partnerships aimed at improving public understanding of DUI laws and prevention strategies. This active community involvement reflects our commitment to both legal excellence and societal contribution.

Every situation that requires field sobriety exercises brings its unique set of circumstances. If you fail to mention any medical issues to the arresting officer, it can be a missed opportunity to defend your position. Many clients suffer from conditions like vertigo or previous injuries that can significantly impair their performance on these exercises, without their awareness. Therefore, it is essential to recognize any factors that could potentially influence the results and share this information with your attorney.

Unfortunately, people taking the field sobriety exercises never know whether they did well or poorly. Remember, they are exercises, not “tests,” so there is no pass or fail. The officer is looking for signs of impairment, such as swaying, inability to maintain balance when walking a line, coordination, speech, color of face, smell, ability to follow directions, and others. Your attorney can help explain how each of these indicators is assessed and what can be contested based on individual circumstances and health conditions.

All of these can be considered signs of impairment. This is why, before the officer lets you perform the field sobriety exercises, they will ask you if you have any medical problems, disabilities, or anything else that would prevent you from performing the exercises. Let your DUI defense attorney in Jacksonville, Florida, know if there was something that prevented you from doing well on the FSEs, such as back problems, vision problems, or any previous injuries, even if you did not tell the officer on the day of the arrest.

Additional questions that may be important to your defense include:

• What did you say to the police before and after your arrest? Include details about any conversations or actions that could impact your defense strategy.
• How was your driving that night? Were you weaving in and out of the lane? Provide specific details about the driving behavior observed.
• Where were the field sobriety exercises performed? The conditions at the location could have affected your performance.
• What were the conditions of the road? Documenting elements like lighting, weather, and road conditions can serve as crucial defense components.

Another avenue of defense is always the actual breath/blood test procedure, so all details are important. The actual place where you were pulled over and performed the field sobriety exercises may be helpful to your DUI case, so we will drive out and visit the scene to help us evaluate the criminal charges and then be able to describe it to a jury. This hands-on approach ensures that every aspect of your defense is covered and inaccuracies in the prosecution's assertions are effectively highlighted.

Related Reading

• 11 HELPFUL TIPS IF YOU EVER GET PULLED OVER FOR A DUI
• MOTIONS IN FLORIDA DUI CASES
• HARDSHIP LICENSE AFTER SECOND AND SUBSEQUENT DUI 

Kate Mesic Is Rated by Avvo as a Top Jacksonville DUI Attorney!

Local DUI Defense in Jacksonville: Understanding Your Community

Living in Jacksonville, you know that our city is not just a place, but a community with unique challenges and resources. When facing a first offense DUI, it's crucial to have a defense team that understands the local landscape. At The Law Offices of Kate Mesic, P.A., we are deeply familiar with the intricacies of Duval County's legal system and the specific concerns of Jacksonville residents.

Jacksonville's sprawling urban environment, combined with its vibrant nightlife and numerous events, can sometimes lead to increased DUI checkpoints and traffic stops. Local law enforcement agencies, including the Jacksonville Sheriff’s Office, are vigilant in monitoring for impaired driving, especially around popular areas like Riverside, San Marco, and the Jacksonville Beaches. Understanding these local enforcement patterns can be pivotal in building a strong defense. Additionally, knowing the areas of common roadblocks or frequent enforcement activities allows our team to prepare and plan your defense with an acute awareness of these local factors.

Moreover, Jacksonville residents often face unique challenges such as navigating the busy intersections of I-95 and I-10 or dealing with the heavy traffic on the Arlington Expressway. These conditions can sometimes lead to misunderstandings during traffic stops. Our team knows these areas well and can use this knowledge to question the validity of the stop and the procedures followed by the officers. We strategically incorporate this local knowledge into our defense, meticulously challenging any procedural mishaps or unjust stops that might have occurred.

We also recognize the importance of local resources in your defense. Duval County Clerk of Courts and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are essential resources for managing the administrative aspects of a DUI charge, such as license reinstatement and court documentation. Leveraging these resources effectively requires a detailed understanding of the local procedures and protocols, which our team has honed over years of dedicated service to Jacksonville residents.

An intimate understanding of how Jacksonville's court system operates, including typical proceedings for DUI cases and the tendencies of local judges, can also offer significant advantages in structuring your defense. Our knowledge of local processes ensures that our approach is perfectly tailored to the nuances of the community, reflecting our commitment to defending your rights effectively.

Insights into Jacksonville's DUI Laws & Penalties

Jacksonville, Florida, adheres to state DUI laws, but the application of these laws can vary somewhat from county to county based on local court practices. In Jacksonville, the penalties for a first-time DUI offender can include fines, probation, a one-year license suspension, mandatory community service, and completion of a DUI school. More importantly, the Duval County courts are particularly stringent when it comes to enforcing these penalties, reflecting a community commitment to reducing impaired driving.

An important aspect to consider is the use of administrative suspension laws, where your driver's license can be confiscated immediately upon arrest if you fail or refuse a breath test. Jacksonville law enforcement agencies frequently collaborate with local community programs to integrate educational components into sentencing, especially for first-time offenders. This approach not only punishes but also educates offenders on the dangers of impaired driving, aiming to reduce the likelihood of reoffense. Understanding these local practices and penalties can better prepare you for navigating the legal landscape here.

Understanding SR-22 Insurance After a DUI

SR-22 insurance is a crucial aspect that Jacksonville residents need to be aware of following a DUI conviction. This form of insurance serves as proof of financial responsibility and is often required for individuals who have had their licenses suspended due to DUI. In Jacksonville, obtaining SR-22 insurance typically results in higher premiums and must be maintained for a minimum period, typically three years from the date of license reinstatement.

The process of obtaining SR-22 insurance involves working with your insurance company to ensure compliance with state requirements. This can be a complicated process, especially for those unfamiliar with these requirements. It's highly advisable to seek professional guidance to navigate these complexities effectively. Understanding the importance of maintaining SR-22 insurance without lapses is critical; any lapse can result in further penalties, including the re-suspension of your driver's license. By comprehending Jacksonville-specific insurance regulations and maintaining compliance, you can take steps to restore your status as a responsible driver.

Frequently Asked Questions About DUI Defense

What does DUI mean in Florida?

In Florida, DUI means “driving under the influence” of alcohol, drugs, or a combination that impairs your normal faculties, or driving with a blood alcohol level of .08% or higher.

Can I be charged with DUI if I wasn’t actually driving?

Yes. If you’re in the driver’s seat with the ability to operate the vehicle, under Florida law you maybe in “actual physical control” of the vehicle. Even with the engine off, you can be arrested.

Do I have to take a breath or urine test?

Florida’s implied consent law says that if you’re lawfully arrested for DUI, you’ve already agreed to testing. Refusing will mean losing your license—one year for a first refusal, 18 months for later refusals—and the refusal can be used as evidence in court.

This question is different from whether or not you should take the breath test.

What am I facing for a first-time DUI conviction?

A first DUI in Florida can bring:

• Fines starting at $500
• Jail time of up to six months (more with aggravating factors)
• Driver’s license suspension from 6 months to 1 year
• DUI school and an evaluation for treatment
• In some cases, an ignition interlock device
• Court costs
• 50 community service hours
• Vehicle impoundment of 10 days

Will my license be suspended right after my arrest?

Yes. If you blow above .08 or refuse the breath test, the DMV will suspend your license immediately. You have 10 days from your arrest to request a DMV hearing to fight the suspension or apply for a hardship license.

What is a DMV hearing?

A DMV hearing—also called a formal review hearing—is an administrative process with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the administrative suspension of your driver’s license that goes into effect when you blow above .08 or refuse the breath test. It is separate from your criminal court case and from a criminal suspension that you are facing in your DUI case. 

What is the difference between a DMV hearing and a hardship license?

A DMV hearing is about fighting the administrative suspension entirely—if you win, your full driving privileges are restored. You will only be facing the suspension as a result of a possible conviction for DUI.
A hardship license is a fallback option if you lose or waive the hearing. It’s a restricted license that allows you to drive only for essential purposes like work, school, church or medical appointments. You must meet eligibility requirements, enroll in DUI school, and comply with DMV rules to qualify.

What is a hardship license?

It’s a restricted license issued by the DMV after a DUI arrest. It lets you drive for essential needs but comes with limitations. Prior DUIs make you ineligible.

Why do DUI lawyers try to get charges reduced to reckless driving?

A reduction from DUI to reckless driving—often called a “wet reckless”—can significantly reduce penalties and long-term consequences. Benefits may include:

• Avoiding a mandatory ignition interlock device
• Lower fines and shorter probation periods
• Reduced license suspension times
• Fewer insurance penalties
• Avoiding a conviction on your record and consequently preserving eligibility for record sealing.
  An experienced Jacksonville DUI attorney will evaluate whether your case has weaknesses—such as questionable test results or procedural errors—that could make this negotiation possible.

What happens to my insurance after a DUI conviction in Florida?

A DUI conviction always causes your insurance rates to spike—sometimes doubling or tripling—for at least three years. You will be required to carry FR-44 high-risk insurance, which has higher liability limits and costs more than standard coverage. Even a reckless driving plea can increase rates, but the jump is often less severe than with a DUI conviction.

What effect can a DUI have on my professional license?

Many professions—including nurses, doctors, lawyers, teachers, real estate agents, and commercial drivers—require you to report a DUI arrest or conviction to your licensing board or employer. Consequences can include:

• Disciplinary hearings
• License suspension or probation
• Mandatory treatment or monitoring programs
• Difficulty renewing your license
  Because these issues can threaten your career, it’s critical to involve both a DUI defense lawyer and, if applicable, a professional license defense attorney early in the process.

What happens at my first appearance after a DUI arrest?

In Florida DUI cases, you will have a first appearance hearing within 24 hours of your arrest. At this hearing, the judge will review the charges, set bond, and decide on any bond conditions. Common conditions can include:

• Monetary bond
• No driving without a valid license
• No alcohol consumption
• SCRAM monitor (an ankle bracelet that detects alcohol use)
• Random urine testing
• Mandatory check-ins with pretrial services
  The exact conditions depend on your history, the facts of the case, and the judge’s discretion.

What is a motion to suppress in a DUI case?

A motion to suppress is a legal request asking the court to exclude certain evidence from your case—such as breath test results, statements you made, or even the officer’s observations—because it was obtained in violation of your rights.
In DUI cases, common reasons to file a motion to suppress include:

• The traffic stop lacked legal justification
• Improperly administered field sobriety or breath tests
• Violations of implied consent procedures
  If the motion is granted, the state may lose key evidence, which can lead to reduced charges or even dismissal.

Can a DUI conviction be removed from my record?

No. Florida law does not allow a DUI conviction to be sealed or expunged. This is why fighting your DUI case is essential and an amendment to a Wet Reckless frequently results in no conviction.

What defenses might apply to my DUI case?

Possible defenses include:

• Stopping you without legal cause
• Breath test errors
• Inaccurate field sobriety exercises
• Failure to follow proper testing or arrest procedures

Do I really need a lawyer for a DUI in Florida?

Yes. DUI penalties go beyond fines and jail—they can affect your license, job, insurance rates, and professional reputation. A skilled DUI attorney can look for procedural errors, challenge the evidence, and work to reduce or dismiss your charges. 

Our DUI lawyer in Jacksonville, FL, does everything possible to ensure your rights and freedoms are protected. Call (904) 615-8950 now to schedule your free initial DUI consultation.