Jacksonville Criminal Attorney Blog

Being a DUI lawyer in Jacksonville, I am very familiar with Florida's laws on the subject. The state of Utah apparently has different procedures to deal with impaired drivers. A police officer in West Valley City, Utah, was pulled over for suspicion of driving drunk. The highway patrol reported that Kory Newbold was speeding and illegally changed lanes. Once he was pulled over and observed by the trooper, he was asked to perform field sobriety tests. He performed poorly and refused to blow at the scene. Instead of being arrested for DUI and taken to jail, Newbold got a ticket for DUI.

In Jacksonville and all over Florida, you do not have the option to blow into a portable breathalyzer at the scene. Florida has found that these machines are not reliable and the only legal machines to blow into are at the police station. In Jacksonville, by the time you are given the opportunity to blow, you are already under arrest and no matter what you blow, you will have a pending DUI, have to bond out of jail, and fight your case.

Unfortunately if you are in Florida, once a police officer makes a decision to arrest you for DUI, you will not get a ticket, but will be put in handcuffs and transported to jail.

Altamonte Springs police officer, Ashley Rowe, will likely be arrested for DUI causing bodily harm after an accident in December. While she was off-duty she hit a tree and her passenger was badly injured. When taken to the hospital, Rowe's blood was drawn and her blood alcohol level was .15, which is considered double the legal limit in Florida. Rowe has resigned from the Altamonte Springs police department.

As a DUI lawyer in Jacksonville, I see many DUI's causing serious bodily harm. An ordinary DUI or DUI with an accident with no injury is considered a first degree misdemeanor. If someone is injured in an accident and the driver who contributed to the accident in any way is intoxicated, the DUI becomes a felony.

In any accident where someone is seriously injured or someone dies, the police will take the driver's blood, with or without their consent. It usually takes the Florida Department of Law Enforcement one to two months to get the results. During that time, there are no criminal charges pending against the driver. They are free to do anything and go anywhere they want. As soon as the results come back and the blood alcohol level is .08 or over, the police will get an arrest warrant signed. In almost every case, they ask for a high bond to be set for the accused citing that the person is a danger to the community. Apparently, the accused was not a danger in the one to two months it took to get a blood result.

There is a case being appealed in Jacksonville that deals with what the police can do if they suspect someone is driving under the influence. There are a few cases recently where JSO got a warrant to draw a DUI suspect's blood if they refused to blow into the breathilizer. Having the government hold you down and forcibly take your blood is the most invasive thing that can be done to a citizen. A preliminary circuit court opinion ruled that the police could do this. The case is being appealed.

Under Florida law, the only time police can forcibly take your blood is when you are involved in an accident that causes death or great bodily harm and a breath test cannot be performed. If the Florida legislature intended to allow the police to draw blood in every suspected DUI case, they would have written it into the law.

Arrests tend to go down during holidays because there are less police officers on the streets of Jacksonville. The one crime the officers on patrol will be looking for is Driving Under the Influence in Jacksonville.

The police in Jacksonville Beach are hyper vigilant when it comes to arresting people for DUI. There are many bars in a small area so the pickings are good for them. Officers just sit in parking lots near the bars and will watch you leave. They will get behind you and wait for you to commit some traffic infraction that will justify them pulling you over. Once they do, 9 times out of 10, they will smell the odor of alcohol on your breath and you will be detained for further questioning and testing.

When you are pulled over after you have been drinking and the officer tells you he is conducting a "DUI investigation", you have the right to remain silent. You should request to speak to a DUI lawyer in Jacksonville right then. The police read you your rights. Exercise them.

Many DUI stops in Jacksonville begin with a traffic infraction. The officer says that you broke a traffic law in some way. The most common traffic violations are speeding, weaving outside your lane, and running a red light. If the JSO officer observes you committing a traffic violation, that gives him or her a reason to pull you over. Once the officer makes contact with you, he or she is supposed to give you a ticket in a reasonable time period.

In may arrests reports in Jacksonville, upon making contact with you, he or she notices the odor of alcohol coming from your breath and that you have bloodshot and watery eyes. The officer is then off to the races with a DUI investigation.

In order for the officer to detain you beyond giving you a ticket, the officer has to have reasonable suspicion to believe you are committing a DUI in Jacksonville, Clay County, or wherever in Florida he or she pulled you over. If the officer cannot note enough facts that would justify "reasonable suspicion", a Duval County DUI Attorneyt can attack your detention and subsequent arrest.

State witness, Stephfan Wilson, has been arrested for DUI. Wilson was the main witness in the shooting trial of Richard Collier, former Jacksonville Jaguar player. Wilson was on probation when he was in the car with Tyrone Hartsfield when Hartsfield allegedly shot Collier. Even though Wilson flunked multiple drug tests while the case was pending, he still remained a free man as long as he testified in the Hartsfield trial. Hartsfield was found guilty of the shooting and Wilson was out of custody.

Wilson was stopped by Georgia police for speeding. When the officer made contact with Wilson, he noticed an open container of alcohol.

If you are on probation in Jacksonville and you are arrested for new charges, your probation can be violated. The state attorney has to prove that the officer who arrested you on the new charges had probable cause to arrest. If the new criminal charges in Jacksonville are dropped, the judge could still find you in violation. If you suspect you have violated your probation in Jacksonville, you should contact a Jacksonville probation lawyer.

An Amish man was arrested for DUI while behind the reins of a horse and buggy in Pennsylvania. Witnesses said that the buggy was going in the middle of the road. Police say he was sleeping while holding the reins of the horse. Police reported that the man had the strong odor of alcohol on his breath, had red/bloodshot eyes, and had a .18 blood alcohol level.

If you are arrested for DUI in Jacksonville, the state attorney's office has to prove that you were in actual physical control of a motor vehicle. Even though DUI arrests typically occur in cars, under Florida case law, you could drive under the influence on a bicycle or a boat. If the mode of transportation travels on the road, the Florida courts would probably hold that you could commit a DUI on it.

Florida football player, Carlos Dunlap, was arrested in Gainesville, Florida for DUI. Police were dispatched to a reckless driver and proceeded to the scene. They report that Dunlap's car was stopped at a green light and remained there through several light changes. The claim he was asleep at the wheel. Police wrote in their report that Dunlap has difficulty speaking, bloodshot and watery eyes, and they smelled alcohol. (in almost every DUI arrest and booking report in Jacksonville, these things are observed) Dunlap did the field sobriety exercises and allegedly refused to blow into the breathilizer. Dunlap is 20 years-old.

As Jacksonville DUI Lawyers, we have seen many cases where someone is slumped over the wheel when the police arrive. The police are allowed to check the situation out for your safety, but if they observe several clues of impairment, that can lead them to conduct a criminal investigation for DUI. They must inform you when the investigation goes from a "safety check" to a DUI investigation. At that point, you have the right to remain silent and you can request a lawyer. The officer should read you your rights. Exercise them.

A police officer in Sumter County, Florida was arrested this past Thanksgiving weekend for DUI in Marion County. Police say that Benjamin Muecke was swerving on the road and was driving a card with an expired tag. After being pulled over, police say Muecke had a strong odor of alcohol on his breath and had red and watery eyes. He also reportedly struggled with getting his driver's license and registration. After completing the field sobriety exercises, he was arrested for DUI.

Many DUI arrests in Jacksonville begin with police pulling a car over for some traffic infraction. Police have to have a "reasonable suspicion" that a suspect has committed a traffic offense. Once they pull you over, in almost every DUI arrest and booking report, police observe red/bloodshot/watery eyes, the moderate/strong odor of alcohol coming from the suspect's breath, and slurred/thick-tongued/stuttered speech. If these things are noted by the officer, that gives him reasonable suspicion to request that the suspect perform field sobriety exercises. If the suspect refuses, they will most likely be arrested for DUI and the refusal can be used against the suspect. If the suspect does not perform up to the officer's standard, they will be arrested for DUI if the officer thinks he has probable cause for arrest. A Jacksonville DUI attorney can analyze every step of your DUI arrest to make sure the police used proper procedure. If they did not, the Florida DUI attorney could attempt to suppress evidence and that could lead to the DUI being dropped or reduced to a lesser charge such as reckless driving.

John Kerry's daughter, Alexandra, was arrested for DUI this week. When she was arrested and taken down to the police station, she blew under the limit. Even though she blew under, Alexandra had to bond out of jail.

If you have a DUI in Jacksonville and blow under .08, you are still under arrest and will probably have to bond out of jail. Many people think that if you blow under the limit you will be released. The opposite is true. If you blow under in Jacksonville, JSO will ask you to give a urine sample to check for drugs in your system. The most common drugs found in urine are marijuana, cocaine, and Xanax. Even if your urine comes out clean, you still are prosecuted for a DUI. Even if the prosecutor eventually drops your charges in Jacksonville, you will still have an arrest for DUI on your record, you still probably bonded out of jail, and still had to go to court to defend yourself.

As Jacksonville DUI Lawyers, we had a client who blew .02, which is well under the legal limit for impairment. He gave a urine sample, but the results had not come back when he came to our criminal law firm in Jacksonville. Our client could not believe that he could be arrested for DUI after having only one glass of wine. Our DUI Law Firm took the case to court and eventually got the DUI dropped. That was after our client had been arrested and bonded out of jail.

An assistant state attorney has been arrested in Florida for DUI. This is the second time Lydia Wardell as been arrested for Driving Under the Influence within 4 years. Even though there are minimum mandatory punishments for getting a DUI within 5 years of the last DUI, she did not do the minimum 10 days in jail. Instead, Wardell was sentenced to an alcohol treatment program along with 50 hours of community service, a 5 year license suspension, and an ankle monitor. After the police pulled her over and requested that she perform field sobriety exercises, Wardell refused. She also refused to blow into the breathilizer.

Under Florida law, the 10 days in jail are mandatory for a second DUI within 5 years of the first. If you are arrested for DUI in Jacksonville, some judges let you do the 10 days on the weekends. Weekend jail in Jacksonville costs $60.00 per day. You report to the community corrections division on Saturday and Sunday morning at 7:00 a.m. If you are one minute late, they will not accept you and you may have to do straight jail time. You should consult with a Jacksonville DUI Lawyer about weekend jail in Jacksonville.

When most people get arrested for DUI (Driving Under the Influence) in Florida, they have been driving a car. DUI law prohibits you from driving a "motor vehicle" while impaired. Police in Marion County arrested a man last week for DUI on a riding lawnmower. Police say Ron Martin was riding a lawnmower on a road and drove it into a bus.

When police made contact with Martin, they noted the typical "clues" of impairment that almost every officer notes in a DUI arrest. They smelled the odor of alcohol coming from his breath, saw bloodshot, watery eyes, heard slurred speech, and said that Martin was unsteady on his feet. In a Jacksonville arrest for DUI, JSO DUI officers almost always note these observations.

Marion County police also arrested Martin for grand theft because the lawnmower was stolen.

Jacksonville Jaguar, Quentin Groves, has received a "warning" for leaving the scene of an accident while on the way to the airport for a game. He is accused of an improper lane change that caused an accident with $28,000 worth of damage to the cars. Groves then drove his car away and a witness chased him while calling police.

Groves was lucky because he was not arrested in Jacksonville. If the driver of any car is involved in any crash that results in damage to the property of another and the property (car) is being driven at the time, he is required to stop at the scene. If he does not, he could be arrested for leaving the scene of an accident in Jacksonville, which is a second degree misdemeanor punishable for up to 60 days in jail.

If the driver is involved in a crash that results in the death of any person, they must immediately stop at the scene. If the driver does not, he could be arrested for a first degree felony punishable for up to 30 years in prison. If the driver is also DUI in Jacksonville, he faces a 2 year minimum mandatory punishment.

According to the Department of Motor Vehicles in Florida, here are the numbers on alcohol-related traffic accidents (including DUI accidents in the Jacksonville) in our area:

Jacksonville
2008 - 8% of total crashes involves alcohol

Jacksonville Beach
2008 - 24%

Atlantic Beach
2008 - 28%

Neptune Beach
2008 - 38%

Fernandina Beach
2008 - 20%

Orange Park
2008 - 8%

Green Cove Springs
2008 - 14%

Ponte Vedra Beach
2008 - 19%

St. Augustine
2008 - 15%

St. Augustine Beach
2008 - 15%

As you can see, alcohol related traffic accidents occurred more often in the beaches area than in town.

There are 2 DUI cases in Jacksonville that have caused a problem for the state attorney's office. The office is prosecuting 2 judge's sons on DUI charges and the prosecutor claims that the judges who are hearing the cases are biased because they themselves are judges. While one judge agreed to recuse himself from the case, the other will not.

In order to disqualify a judge from a criminal case in Jacksonville, Florida, the person moving for the disqualification has to file an affidavit stating there is a fear that he will not receive a fair trial in court because of the prejudice of the judge. The affidavit has to set forth facts that provide the basis for the belief that the bias and prejudice exists. It also must have a certificate from the attorney filing the motion that it is filed in good faith.

The motion has to be filed in a reasonable time after the attorney discovers the potential conflict, but that reasonable time cannot go past 10 days. Usually it is a defendant's criminal defense lawyer that moves to disqualify a judge, not the state attorney's office.

Police officers in have started requesting that judges issue a warrant to draw the blood of people suspected of Driving Under the Influence in Jacksonville. Jacksonville Criminal Defense Lawyers have objected to the issuance of these warrants and the cases are being appealed to higher courts.

In Florida, you can refuse to blow into the breathilizer. If you refuse on your first arrest for DUI in Jacksonville, your license will be suspended for one year. You will not be eligible for a hardship until you have gone 90 days without driving at all.

What is amazing is that you can refuse to blow, but cannot refuse to give your blood. These cases will hopefully be addressed in appellate courts. If officers can draw blood, they will have to be trained to be phlebotomists. The blood storage will be highly scrutinized because vials of blood could be mismatched or not stored properly and may effect the alcohol reading.

There are many studies that analyze Driving Under the Influence statistics and causes. Every year, the National Survey on Drug Use and Health releases statistics on drugs and alcohol in America. The study gives the numbers of DUI's committed in the United States by age. Here are the numbers:

7.2% of people 16-17

16.7% of people 18-20

26.1% of people 21-25

23.2% of people 26-29

17.9% of people 30-34

15.4 of people 35-39

14.1% of people 40-44

14.7% of people 45-49

11.4% of people 50-54

9.9% of people 55-59

7% of people 60-64

2% of people 65 and older

DUI arrests in Jacksonville can be complicated and have many layers. There are several steps the police must take before arresting someone on drunk driving charges and an experienced Jacksonville DUI Lawyer should be contacted to examine your criminal case.

Over this past Labor Day, Nassau County, Florida participated in Florida's "Labor Day DUI Enforcement Wave". This was an effort to detect impaired drivers without using a DUI checkpoint. The Nassau County Sheriff's Office watched all drivers looking to traffic infractions and signs of impairment. There were 4 arrests for DUI as a result of this program.

Many DUI arrests in Jacksonville start with a traffic ticket. If you commit a traffic infraction, the police can pull you over to write a ticket. Once they make contact with you, inevitably they will smell the odor of alcohol on your breath, see that your eyes are bloodshot and watery, and hear slurred speech. This gives the officer reasonable suspicion to ask you to perform field sobriety exercises. Once you complete the exercises, the officer has the discretion to arrest you for DUI in Jacksonville if he or she believes they have probable cause. A Jacksonville DUI Lawyer can investigate each step of your arrest to see if the police followed the law. A DUI Law Firm in Jacksonville can also evaluate your performance on the Field Sobriety Exercises.

The Fifth Amendment to the Constitution prevents the government from compelling someone to be a witness against themselves in a criminal case. In a case out of Arizona, "Miranda" warnings were established to protect people from coercive pressures of police custodial interrogation. The safeguards provided by these warnings apply only if you are in custody and being interrogated. The police have to advise you that you have the right to have a criminal defense lawyer present before you are questioned.

In DUI cases in Jacksonville, when the police ask you to perform field sobriety exercises, the police read you your rights, which include the right to have a lawyer present before going any further. Even though JSO tells you this, they will not allow you to call a lawyer at that point in the DUI. A Jacksonville Criminal Lawyer could analyze when and where the questions were asked to determine if your rights were violated.

Former Jacksonville Jaguar, Jimmy Smith, has entered a no contest plea to DUI and Possession of Marijuana in Jacksonville. Smith was sentenced to 12 months probation to perform the standard first DUI minimum conditions. They are:

50 hours of community service
DUI School Level 1
Attend and Complete the Victim Impact Panel
180 day driver's license revocation
10 day motor vehicle impound
Pay a fine

Smith was also arrested, after the DUI arrest, for possession of crack, pot, and drug paraphernalia in Jacksonville as well as driving on a suspended license. Those criminal charges are still pending in Jacksonville.

If you have been arrested in Jacksonville, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900. Our Jacksonville Drug Law Firm is available 24 hours a day.