Topper

Driving Under the Influence (DUI)

Plea of Guilty DUI Form

If you have been arrested for Driving Under the Influence (DUI) there are many things to consider.  Although this charge is categorized as a misdemeanor for first time offenders, the law governing D.U.I. can be complex and convoluted.   Seeking the advice and representation of an experienced attorney for a DUI is essential.  An attorney will be able to counsel you on the strengths and weaknesses of your case and will be able to safeguard your rights concerning the allegations against you. 

Within 10 DAYS of your D.U.I. arrest, you have the opportunity to request an administrative review hearing with the DMV.  If you fail to request this, you lose that right.   By hiring an attorney immediately after your arrest, this right will be preserved.  Your attorney will have the opportunity to challenge the probable cause of your arrest and move to invalidate the suspension on your license.

There are issues that an attorney can scrutinize through motions to suppress based on the reasonable suspicion of the traffic stop and the legality of your arrest.  An attorney can also explain the minimum mandatory sanctions for D.U.I. and the differences in those sanctions based on the existence of priors.

Call the Law Offices of Kelli J. Bynum, P.A. today at (904) 365-4529 for a free consultation.

An experienced defense attorney can help you understand the applicable law:

316.193  Driving under the influence

(1)  A person is guilty of the offense of driving under the influence and is subject to punishment if the person is driving or in actual physical control of a vehicle within this state and:

(a)  The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;

(b)  The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c)  The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

316.1934  Presumption of impairment; testing methods.--

(1)  It is unlawful and punishable as provided in chapter 322 and in s. 316.193 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person's normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to drive or be in actual physical control of any motor vehicle within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.

316.1939  Refusal to submit to testing; penalties.--

(1)  Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.1932, and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, and:

(a)  Who the arresting law enforcement officer had probable cause to believe was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances;

(b)  Who was placed under lawful arrest for a violation of s. 316.193 unless such test was requested pursuant to s. 316.1932(1)(c);

(c)  Who was informed that, if he or she refused to submit to such test, his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months;

(d)  Who was informed that a refusal to submit to a lawful test of his or her breath, urine, or blood, if his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor; and

(e)  Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer
commits a misdemeanor of the first degree and is subject to punishment as provided in s. 775.082 or s. 775.083.

(2)  The disposition of any administrative proceeding that relates to the suspension of a person's driving privilege does not affect a criminal action under this section.

(3)  The disposition of a criminal action under this section does not affect any administrative proceeding that relates to the suspension of a person's driving privilege. The department's records showing that a person's license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood shall be admissible and shall create a rebuttable presumption of such suspension.