A DUI arrest can turn your life upside down in a matter of minutes. Whether you were stopped on US-1, pulled over near the Causeway, or cited after leaving a local event in Fort Pierce, the consequences can be serious. DUI defense is not something to take lightly or handle alone.
Florida DUI laws are strict. Moreover, prosecutors in St. Lucie County aggressively pursue these cases. Therefore, understanding what you are facing — and what your options are — is the first step toward protecting your future.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, our team has more than 30 years of experience defending clients against DUI charges throughout Fort Pierce and the surrounding area. If you or someone you love has been arrested, contact JKJ right away to explore your legal options.
What Is a DUI Under Florida Law?
In Florida, a DUI — or Driving Under the Influence — occurs when a person operates a vehicle while impaired by alcohol or drugs. Additionally, a DUI charge can result from a blood alcohol concentration (BAC) of 0.08% or higher in most drivers.
However, Florida law allows for DUI charges even without a BAC test. If an officer believes your normal faculties are impaired, they can make an arrest. This means impairment by prescription drugs or marijuana can also lead to a DUI charge.
Who Can Be Charged?
Any driver can face a DUI charge in Florida. Furthermore, commercial drivers face a lower BAC threshold of 0.04%. Drivers under the age of 21 face a zero-tolerance threshold of 0.02% BAC.
Because of this, a single drink could result in a charge for a younger driver. These cases require a tailored and aggressive DUI defense strategy from the very start.
The DUI Arrest Process in Fort Pierce
Understanding what happens after a DUI arrest helps you make better decisions. First, the officer will typically conduct field sobriety tests roadside. Next, they may request a breathalyzer or chemical test.
In Florida, refusing a breath test carries its own penalties. For example, a first-time refusal results in an automatic one-year license suspension. A second refusal is a criminal misdemeanor on its own.
What Happens After the Arrest?
After the arrest, you will be taken to the St. Lucie County Jail for booking. Then, a hearing date will be set in the Nineteenth Judicial Circuit Court. You typically have only 10 days from the date of arrest to request a formal review hearing to challenge your license suspension.
This 10-day window is critical. Therefore, contacting an experienced Fort Pierce DUI attorney as quickly as possible is essential. Missing this deadline can result in an automatic suspension with no chance to challenge it.
Potential Penalties for a DUI Conviction in Florida
DUI penalties in Florida vary based on the circumstances of the offense. However, even a first-time DUI can carry significant consequences. These can include fines, probation, community service, and jail time.
Additionally, a DUI conviction can impact your career, your ability to rent housing, and your personal reputation. In some professions, a DUI on your record can result in license revocations or termination.
First-Time DUI Penalties
For a first-time DUI conviction in Florida, penalties may include:
- Fines ranging from several hundred to over a thousand dollars
- Up to six months in jail, depending on circumstances
- License revocation for a minimum of 180 days
- Mandatory installation of an ignition interlock device
- Completion of a DUI education program
- Probation of up to one year
Moreover, aggravating factors can increase these penalties significantly. For example, a BAC over 0.15% or having a minor in the vehicle can result in enhanced fines and longer jail time.
Felony DUI Charges
A third DUI conviction within 10 years becomes a felony in Florida. Additionally, any DUI that causes serious bodily injury or death is charged as a felony. Felony DUI convictions carry prison sentences and long-term consequences that can follow you for life.
On the other hand, with a skilled DUI defense attorney fighting for you, it may be possible to reduce charges, challenge the evidence, or pursue alternative sentencing options.
Common DUI Defense Strategies
A strong DUI defense begins with a thorough review of every detail of your case. At JKJ, we examine police reports, dashcam footage, breathalyzer maintenance records, and field sobriety test procedures. Furthermore, we look for any violations of your constitutional rights during the stop or arrest.
Many DUI cases involve procedural errors that can work in your favor. However, identifying those errors requires experienced legal eyes and a deep knowledge of Florida DUI law.
Challenging the Traffic Stop
In Florida, law enforcement must have a valid reason — called reasonable suspicion — to pull you over. Therefore, if the stop was unlawful, any evidence gathered afterward may be suppressed. Our attorneys can file motions to have illegally obtained evidence thrown out.
For example, if an officer stopped you without observing a traffic violation, the entire case may be called into question. This is one of the most powerful tools in DUI defense.
Questioning Field Sobriety and Breathalyzer Results
Field sobriety tests are not foolproof. Additionally, breathalyzer machines require regular calibration and proper use to produce accurate results. If the device was not properly maintained or the officer was not properly trained, results can be challenged.
Medical conditions, anxiety, and even certain foods can affect these tests. As a result, what looks like impairment may have an entirely innocent explanation. Our team works with investigators and experts to build the strongest possible defense for you.
DUI Defense in Fort Pierce and Nearby Communities
Jonathan Jay Kirschner, Esq., & Associates, LLC serves clients throughout Fort Pierce and the surrounding Treasure Coast communities. We regularly represent clients from Port St. Lucie, Stuart, Vero Beach, and Jensen Beach who face DUI charges in St. Lucie County and the Nineteenth Judicial Circuit.
We understand the local court system and the tendencies of local prosecutors. Furthermore, our relationships with the court give us insight into how DUI cases are typically handled in this jurisdiction. This local knowledge is a genuine advantage for our clients.
Why You Need a Fort Pierce DUI Attorney Immediately
Time matters enormously in a DUI case. In addition to the 10-day deadline to challenge your license suspension, evidence can deteriorate quickly. Dashcam footage may be overwritten. Witness memories fade. Therefore, acting fast gives your attorney the best opportunity to build a strong defense.
Many people assume a DUI conviction is inevitable after an arrest. However, that is simply not true. With the right legal team, charges can sometimes be reduced or even dismissed entirely. Do not give up before you speak with an attorney.
Talk with a legal expert at JKJ today — we are available 24 hours a day, seven days a week to take your call and answer your questions.
Frequently Asked Questions About DUI Charges in Fort Pierce
Can I refuse a breathalyzer test in Florida?
Yes, you can refuse. However, Florida’s implied consent law means refusal carries automatic penalties, including license suspension. Additionally, a second refusal is a criminal misdemeanor. Speak with an attorney before making any decisions after a DUI stop.
Will a DUI affect my driving record permanently?
In Florida, a DUI conviction cannot be expunged or sealed from your record. Therefore, it can affect your insurance rates, employment, and more for years to come. This is why strong DUI defense from the start is so important.
What is an ignition interlock device?
An ignition interlock device is a breathalyzer installed in your vehicle. You must blow into it before your car will start. Florida courts often require these devices as part of DUI sentencing, even for first-time offenses.
Can a DUI charge be reduced to a lesser offense?
In some cases, yes. For example, a DUI may be reduced to reckless driving through negotiation. This is known informally as a “wet reckless” plea. However, this outcome depends heavily on the facts of your case and the skill of your attorney.
How soon should I contact a DUI attorney after my arrest?
You should contact a DUI attorney as soon as possible — ideally within the first 24 hours. Moreover, you have only 10 days to request a formal review of your license suspension. Waiting too long can cost you important legal options.
Contact JKJ for Aggressive DUI Defense in Fort Pierce
A DUI charge is serious, but it does not have to define your future. At Jonathan Jay Kirschner, Esq., & Associates, LLC, we believe everyone deserves the strongest possible defense — no matter the circumstances of their arrest.
Our team brings more than 30 years of experience to every case. Furthermore, we are available around the clock to make sure you never face this process alone. We will review your case, explain your options, and fight tirelessly on your behalf.
If you are facing a DUI charge in Fort Pierce, Port St. Lucie, Vero Beach, or anywhere in St. Lucie County, do not wait. Request a consultation with the JKJ team today and take the first step toward protecting your rights and your future. Contact JKJ now — we are ready to help.
