If you have been charged with a DUI in Florida, you might be concerned about how it could affect your license and your future. A drunk driving conviction could result in a jail sentence, license suspension, and hefty fines, even if this is your first offense. It is important to take immediate action following your arrest to prevent the loss of your license and improve the potential outcome of your case. Once you have been arrested for a DUI, you only have 10 days to file an appeal for your license suspension. If you do not appeal, your license will be administratively suspended separately from the criminal case pending against you. A Saint Lucie County DUI lawyer at Jonathan Jay Kirschner, Esq., & Associates could help you protect your license and defend your rights. Combined, we have more than four decades of experience fighting DUIs and other criminal charges and are ready to fight for you.
Contact our dedicated criminal defense attorneys today.
If you are facing DUI charges, your experienced Port St. Lucie DUI defense attorney at Jonathan Jay Kirschner, Esq., & Associates will carefully review all of the evidence in your case to determine the best legal strategy for your case. The defense that might apply in your case will depend on several factors, including whether this is your first offense and if there are any aggravating factors. Your lawyer will also look for any errors made by the police during the stop, investigation, arrest, and testing. DUI laws in Florida are complex, making it important for you to work with a skilled Port Saint Lucie defense lawyer instead of trying to handle your case on your own or choosing a less experienced attorney. The lawyers at Jonathan Jay Kirschner, Esq., & Associates are very knowledgeable about DUI laws and have extensive experience defending people who are charged with these types of offenses both in and out of the courtroom.
Florida treats drunk and drugged driving seriously. The penalties you might face if convicted will depend on your blood alcohol concentration (BAC), your criminal record, and whether you were involved in a crash.
Under § 316.193, Fla. Stat. (2022), the penalties for a first-offense DUI without a high BAC and that doesn’t involve a collision carries the following potential penalties:
If you have a prior DUI conviction, you will face the following penalties:
A third DUI conviction within 10 years is a third-degree felony carrying the following potential penalties:
A third DUI conviction outside of 10 years will result in the following potential penalties:
If you receive two DUI convictions within five years, your license suspension will be five years. Your vehicle will also be impounded for a longer period. The court will have to sentence you to some jail time, but the attorneys at Jonathan Jay Kirschner, Esq., & Associates might be able to negotiate you receive inpatient treatment instead of jail.
If your BAC test results are higher than 0.15%, you will have to have an ignition interlock device installed on any vehicle you drive for a minimum of six months. The installation and maintenance of the device will be at your expense.
If a court convicts you of a fourth DUI, you will face felony charges regardless of how long it has been since your last conviction. A conviction also results in the permanent revocation of your license. You will also face up to five years in prison and a $5,000 fine, along with other penalties.
There are different types of DUI charges in Florida that depend on whether there are any aggravating factors present. The charge you might face will depend on the following factors:
Some of the types of DUI charges that can be prosecuted include the following:
Florida has an implied consent law found in § 316.1932, Fla. Stat. (2022). Under this law, obtaining your driver’s license means you consent to chemical testing of your breath or blood. You do not have the right to refuse chemical testing after police arrest you for a suspected DUI. If you do refuse, you will have an additional mandatory license suspension.
Some of the potential defenses that might apply in your case include the following:
During the investigation, your attorneys will look for these and other factors that could potentially result in an outright dismissal of your charges or a favorable plea to reduced charges or a lesser sentence. Our attorneys have extensive experience with motion practice, negotiations, and trials and are fully prepared to defend you.
Facing a DUI charge can be a scary experience, and you should not attempt to handle it on your own. The Port Saint Lucie DUI attorneys at Jonathan Jay Kirschner, Esq., & Associates have the right types of legal skills, knowledge, and litigation experience to present the strongest possible defense case on your behalf. Contact us today to schedule a consultation by calling us at 772-489-8501.
To read about the DUI Process, click here.
To read DUI FAQ’s click here.
