Jacksonville Criminal Attorney Blog

In Jacksonville, there is an ankle monitor program used by many judges in DUI (Driving Under the Influence) cases. Judges often make the arrested person have the monitor in addition to any bond they set.

It is called SCRAM, which stands for Secure Continuous Remote Alcohol Monitor. These monitors are strapped to your ankle and monitors alcohol usage collected from your sweat. The monitor sends a message to the monitoring station and judges receive reports. It lets Jacksonville judges know if you have drank alcohol, tried to tamper with the monitor, tried to remove the monitor, and any malfunction.

These monitors are very expensive, at about $18.00 a day. You may have to wear a SCRAM monitor until your DUI case is resolved, or even while you are on probation.

If you have any questions about DUI charges in Jacksonville, call our Jacksonville DUI Lawyers at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence

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A Gainesville police officer has been charged with DUI (Driving Under the Influence or Drunk Driving) Officer James Elliott has been placed on paid leave while the criminal charges are pending. The officer blew a .156 and .153, which is well over the legal limit for DUI in the state of Florida.

A fellow police officer saw Elliott "driving erratically" and pulled him over. In order for police to have the right to pull you over, they have to see you commit a traffic violation such as speeding or observe you driving in such a way to make him believe you are driving under the influence of alcohol or some type of drug.

If you have any questions about a DUI charge, call our Jacksonville DUI Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence , Police

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Many people ask whether or not they can be prosecuted for DUI (Driving Under the Influence) if the person arrested blows below the legal limit? The answer is yes.

The Jacksonville Sheriff's Office will request that you submit to a urine test to detect the presence of drugs in your system. If any drug is detected, the State Attorney's Office can still choose to prosecute the DUI.

According to the U.S Department of Health and Human Services, marijuana is the most common illegal substance used by people who report driving after using. Marijuana is also believed to be the most commonly used drug in America. It can still be in your system well after the effects of the marijuana are gone. The prosecutor will have to prove that the person arrested for DUI was effected to the extent his normal faculties were impaired while driving a car.

If you have any questions about marijuana use and Driving Under the Influence, call our Experienced Jacksonville DUI Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence , Drug Crimes

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In order to be arrested for DUI or Driving Under the Influence, the Jacksonville Sheriff's Office has to believe that the suspect's normal faculties are impaired. A person can be impaired by alcohol or drugs. If a person blows below the legal limit for alcohol, the police will request that the suspect provide a urine sample. The urine sample is tested by JSO and sent to the Florida Department of Law Enforcement for a more reliable analysis.

The drugs that can lead to DUI are either illegal or legal. The most common illegal drugs found in the systems of people arrested for DUI are marijuana and cocaine. Legal drugs, prescribed or not, can also impair someone's normal faculties. The most commonly found legal drugs are Xanax, Oxycontin, and Hydrocodone.

The main problem with DUI's based on drugs in someone's system is there is no way to tell when the drugs were consumed. In addition, neither JSO or Florida Department of Law Enforcement tests for quantities of the drugs. There is no way to prove how much of the drug is in a suspect's system and no way to prove how long ago they were taken.

If you have any questions about a DUI based on drugs, please contact our Jacksonville DUI Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence

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Did you know if you are pulled over for DUI (Driving Under the Influence), you will be arrested before you are ever given the opportunity to blow into the breathalyzer?

Many people think that they have to blow above the legal limit (.08) before they can be arrested for DUI. Not true. You will be placed under arrest for DUI at least an hour before you are ever in front of the breathalyzer.

Did you know if you blow .000, you are still under arrest for DUI in Jacksonville and will have to bond out of jail?

If you blow a .000, you will be asked to give a urine sample to test for the possible presence of drugs in your system. The results are not automatic and that means if you are innocent of DUI, you will have to bond out of jail and wait for the urine results to come back from the Florida Department of Law Enforcement.

If you have any questions about a DUI arrest and case, please call our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence

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DUI penalties in Florida are increased if you have a commercial driver's license. If you are convicted of DUI in your commercial vehicle,

- You cannot drive a commercial motor vehicle for one year and you are not eligible for a hardship license.

- You have to wait the full year, then pay a $60.00 fee to restore your commercial drivers license.

- If you were transporting hazardous materials when convicted of DUI, you can't drive a commercial vehicle for three years.

- If you are convicted of driving a commercial motor vehicle with unlawful alcohol level (.04), not DUI, you can't drive a commercial vehicle for one year and you cannot get a hardship license during the year. After the full year, you can pay the $60.00 reinstatement fee and get your commercail drivers license back.

- If you were carrying hazardous materials when convicted of having an unlawful alcohol level (.04), you can't drive a commercial vehicle for three years.

- If you refused to take a breathalyzer test after being arrested for DUI in Florida or having an unlawful alcohol level (.04), you can't drive for one year and you cannot get a hardship license. After the full year, you have to pay the $60.00 fee to restore your commercial drivers license.

If you have any questions concerning your Florida DUI charge, please call our experienced criminal defense lawyers at (904) 634-0900 for a free consultation.

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Posted In: DUI - Driving Under the Influence

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Jacksonville Jaguar Brian Williams was tried for DUI. (also referred to as Driving Under the Influence, DWI, or drunk driving) The Jacksonville police said Williams went on a racial, sexist, and profanity-laced tirade in the back of the police car on the way to jail. The judge would not allow the jury to hear those statements allegedly made by Williams.

Under the Florida Evidence Code, Section 90.403, relevant evidence cannot come in at trial if the probative value of the rant is substantially outweighed by the danger of unfair prejudice. The State Attorney argued that the rant showed Williams' was impaired by alcohol. The criminal defense attorney said that the substance of Williams' tirade will prejudice the jury against him unfairly. A Duval County judge has a large amount of discretion to decide that evidence comes in and what doesn't. The judge considers the strength of the evidence to prove that Williams' was impaired, the availability of other ways to prove Williams' was impaired, and the likelihood the jury will be misled by the evidence.

If you have any questions regarding criminal charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence

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The Jacksonville Sheriff's Office utilizes DUI (also referred to as Driving Under the Influence, DWI, or drunk driving) checkpoints on a regular basis. The Jacksonville police will pick a public road and randomly stop cars to look for impaired drivers. Many times, these checkpoints are placed on Beach and Atlantic Boulevards at the base of the Inter-coastal Bridges. There are certain procedures the police must follow in order for the DUI checkpoint to be legal:

1. The DUI checkpoint has to be part of a regular program to prevent drunk driving.

2. The Jacksonville police should have the support of the judicial system, including the State Attorney's Office.

3. The Jacksonville police should have written procedures on how to conduct the DUI checkpoint.

4. The placement of the DUI checkpoint must be done to promote public safety.

5. The Jacksonville public must be given sufficient notice of where the DUI checkpoint is going to be and when.

6. The Jacksonville police presence should be obvious at the DUI checkpoint.

7. Any changes made to the original plan of the DUI checkpoint have to be thoroughly documented by the Jacksonville Sheriff's Office.

8. The investigation of possibly impaired drivers has to be conducted in a efficient way so the traffic flow will not be interrupted any more than it has to be.

If you have been stopped at a DUI checkpoint, you should contact our experienced Jacksonville DUI Attorneys to advise you of your rights. Our phone number is (904) 634-0900.

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Field Sobriety Exercises are tests the police give to people after they are pulled over for DUI - Driving Under the Influence (also referred to as DWI or drunk driving). They are supposed to evaluate whether or not someone is impaired. The approved exercises in Florida are the Horizontal Gaze Nystagmus, the Walk and Turn, the One Leg Stand, the Rhomberg Alphabet, and the Finger to Nose.

If you are ever pulled over for DUI, you are probably hearing the instructions, as well as performing the tests, for the first time. Being asked to get out of your car by a police officer, let alone under investigation for a crime, is a scary experience. You are then taken to a location with a flat surface to perform abnormal exercises to test your "normal" faculties.

Jacksonville police are trained extensively on how to perform these tests. They do these exercises over and over again to get them down perfectly. They take classes such as DUI Standardized Field Sobriety Testing, Horizontal Gaze Nystagmus Workshop for Prosecutors and Law Enforcement, In-Car Video User Training for DUI Enforcement and Prosecution, Sobriety Checkpoint Operations, and Symposium on Alcohol and Drug Impaired Driving Enforcement. These classes are offered at the Institute of Police Technology and Management administered by the University of North Florida.

If you have any DUI questions, please contact our Jacksonville DUI Criminal Defense Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence

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In Florida, if you are convicted of DUI (also called DWI, drunk driving, or Driving Under the Influence), you may be required to get an Ignition Interlock Device. This is a device that is placed in your car. Once installed, the driver must first pass a breath test before the vehicle can be started. Once the car is started, the driver must pass additional breath alcohol tests while operating the vehicle. All of the results are recorded as well as any attempts to operate the car without first passing a breath alcohol test. The user of the device must have it periodically inspected and your activities are reported to authorities.

On a first conviction for DUI, the Interlock Device is required only if ordered by the Court, but if your blood alcohol level is .20 or higher or you had a minor in the car at the time, the Court can order the device for up to 6 months. On a second conviction for DUI, you have to get the device for at least 1 year. If you had a .20 blood alcohol level or minor in the car, you have to have the device for at least 2 years. On a third conviction, you have the interlock for at least 2 years. Having the Interlock Device is a costly venture. There is a fee to install it and a monthly monitoring and rental fee.

If you have any questions, please contact our Jacksonville DUI Criminal Defense Attorneys at (904) 634-0900.

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When you are pulled over by a police officer for DUI (DWI, Driving Under the Influence, or drunk driving), the officer has to follow certain rules before asking you to do anything. Unless the officer has "reasonable suspicion" to believe you are under the influence of alcohol, they have no right to require you to perform Field Sobriety Exercises. Once the officer has reasonable suspicion, he or she has the authority to ask you to submit to the Field Sobriety Exercises. Having the odor or alcohol on your breath does not, by itself, lead to reasonable suspicion. Other things such as your driving pattern, your admissions to drinking alcohol, having difficulty talking, having red, watery eyes, and having slurred, stuttered, thick tongued speech must also be present.

If you have any questions about a DUI criminal charge, please contact our Jacksonville DUI Criminal Defense Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence

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