Jacksonville DUI Defense Attorneys

Trusting the Right Jacksonville DUI Attorneys Could Make a Huge Difference in Your Future.

So you are out with a few friends after work for a few glasses of wine or maybe even a few drinks, or maybe you were at a family gathering for Sunday football and had a few beers during the game, and the next thing you know, you are being arrested for DUI on your way home. It happens all the time to people who didn’t feel that tipsy and thought they were being responsible, but for any number of reasons, their blood alcohol content, (BAC) exceeded Florida’s limit of 0.08 when operating a motor vehicle. This is when you need an experienced Jacksonville DUI defense attorneys at McGRATH GIBSON.

If you or a family member has been arrested for DUI, choosing the right Jacksonville DUI defense attorney is the key to limiting or eliminating the hardships of a DUI conviction. The Jacksonville DUI defense attorneys at McGRATH GIBSON are experts at guiding clients through Florida’s DUI laws and building solid defense strategies based on the unique factors that existed and events that took place before, during and after your arrest. Therefore is is critical to contact us as soon as possible after you or your family member has been arrested while everything is still fresh in your mind.

The following information contains details about blood alcohol content and DUI laws in Florida that may help answer some of your immediate questions. However, a personal case review with one of our Jacksonville DUI defense attorneys can provide answers to all your questions and a possible defense strategy. Contact us at (904) 358-3300, or use the form if it’s more convenient and we will get back to you as soon as possible.

What exactly is blood alcohol concentration, (BAC)?

Blood Alcohol Concentration, (BAC) is quite simply the amount of alcohol in a person’s system at a given moment in time. It is measured in parts per 1000. For example; A .20% BAC means that a person has two parts alcohol for every 2000 parts of water in their blood. And remember that the legal limit while operating a motor vehicle is .08%. That’s less than one part per 1000 parts of water in the person’s blood. According to Stanford University Office of Alcohol Policy and Education, a BAC of between .07 and .09 will have a “Mild impairment of balance, speech, vision and control”, which is why our legislature has chosen .08% as the point in which a person is no longer able to operate a motor vehicle safely.

Is it possible to accidentally or unknowingly exceed the legal limit of alcohol in your system?

People can exceed the .08% legal limit for a multitude of reasons. Below are a few examples of how a person might accidentally exceed .08% BAC or return a breathalyzer false positive:

Age. As we age, muscle mass tends to turn to fat. As a result an older person will have a higher BAC than a younger person who drank the same amount of alcohol. Additionally, older people tend to retain less water which can also lead to a higher BAC.
Weight. This may not be a surprise but the less you weigh, the faster your BAC is going to climb when drinking alcohol. A smaller person who weighs 120 lbs. is going to be legally under the influence much faster than a larger 220 lb. person who drank the same amount of alcohol.
Drinking alcohol on an empty stomach. Eating food does not prevent or lower BAC, but it does slow down the rate in which the alcohol enters your system. Food slows the the BAC rate of increase by absorbing the alcohol which keeps the alcohol in your stomach longer. This gives the body more time to metabolize the alcohol.
Medications. The following medications can cause false breathalyzer test readings:
- Asthma Medications: Albuterol, and similar inhaled medications can affect breathalyzer test results because they remain in a person’s airways longer than other medications.
- Breath Spray and mouthwash: Some of these products have a high alcohol content which cold cause a breathalyzer test’s results to be higher than the person’s actual BAC.
- Over the Counter Medications: Many cold and flu medications contain alcohol. Even a large number of cough drops could cause a person’s BAC to read higher than it really is. And a difference of .01% could mean the difference between being arrested or not.
Medical Reasons: Recent dental work can also produce a false positive breathalyzer test.

What happens after a person is arrested for DUI?

After being arrested for DUI, the person will be taken to the police station for processing. The level of intoxication or BAC when processing has been completed will determine whether or not the person will be confined to jail. If confined to jail, they may not be released:

(a) Until the person is no longer under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are impaired.

(b) Until the person’s blood-alcohol level or breath-alcohol level is less than 0.05.

IMPORTANT! Regardless of whether or not the person is placed in jail, after processing it is imperative to retain a Jacksonville DUI Attorney to represent your best interests and protect your rights in the proceedings that follow.

After being processed and meeting one of the three criteria above, the person will be placed before a judge for what is supposed to be a bond hearing. The purpose of this hearing is to set a bond amount that must be paid in order to be released from jail. This is to assure that the person returns for the arraignment hearing which is supposed to be scheduled for a later date. The person is not required to enter a plea at the bond hearing.

However… Judges will sometimes attempt to skip the bond hearing step and immediately move to the arraignment hearing by telling the person that “you can be released right now without having to pay a bond and go home if you would like to enter a plea of guilty”. This effectively changes what is supposed to be only a bond hearing into an arraignment hearing. And without representation most people are unprepared, have not been advised by a defense attorney, and often jump at the chance to immediately be released by pleading guilty.

A person is not required under Florida law to enter a plea at their bond hearing! And it is very advisable to have a Jacksonville DUI attorney advising you of your rights as soon as possible after you have been arrested for DUI.

The next step is the Arraignment Hearing

After the bond hearing, posting bond, and being released from jail, the next step is the arraignment hearing. Before this hearing, you will have had a chance to carefully explore your options with your Jacksonville DUI defense attorney and to develop a defense strategy depending on the unique factors surrounding your DUI arrest and what is the best plea to enter.

As stated on the Duval County Clerk of Courts website at https://www2.duvalclerk.com/departments/misdemeanor/:

“An arraignment hearing is a court procedure in which a person accused of breaking the law pleads to the charge stated in a charging document (i.e., information, citation, etc.). The defendant is told of the charge and of his or her legal rights. The defendant is then asked to plead guilty, not guilty or nolo contendere (no contest).

Pleading Guilty or No Contest: If after consulting with a our Jacksonville DUI defense attorneys, the your best course of action is to plead guilty to DUI, the judge will most likely move immediately to the sentencing phase and impose the state required penalties and fines based on the charges.

Pleading Not Guilty: If after consulting with a Jacksonville DUI defense attorneys, your and your attorney feel that there is sufficient evidence and circumstances to fight the DUI charges and plead not guilty, a not guilty plea will be entered and a court date will be set for a later date.

Negotiating a Lesser Charge with the Prosecutor

If you plead not guilty, this is where we really go to work for you and begin negotiations with the prosecutor by presenting pertinent evidence, witness accounts and other factors that justify a reduction of the DUI charges to a lesser charge such as reckless driving or convincing the prosecutor to dismiss the charges all together. If your attorney is unsuccessful at convincing the prosecutor to reduce the charges before the court date, we will have an opportunity to present the same pertinent evidence, witness accounts and other factors to the judge in court. After both the prosecution and defense are heard, the judge will rule and sentence the state required penalties and fines if he/she rules in the prosecution’s favor. If your attorney’s defense strategy is successful and the judge rules in you favor, you are free to go. In Florida, DUI defense attorney’s strategies are successful about 40% of the time resulting in DUI charges being reduced and even dismissed before the court date.

Experienced Jacksonville DUI Defense Attorneys

The criminal defense attorneys at McGRATH GIBSON know Florida’s DUI laws inside and out and have extensive experience in defending clients who have been charged with DUI. If you or a loved one has been charged with DUI, contact us immediately so that we can help you navigate the complicated legal steps of a DUI charge, build a strong defense strategy and effectively negotiate with prosecutors. We are available whenever you need us at (904) 358-3300.

Jacksonville DUI Attorneys Disclaimer:

The lawyers of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer. We proudly offer representation to Military Veterans and the Men and Women who currently served our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.

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