Jacksonville Criminal Lawyer Blog

In Jacksonville, Florida it is very common for Jacksonville Sheriff's Office (JSO) officers to increase the number of DUI arrests (aka DWI or drunk driving) around July 4th, particularly when July 4th falls on or near a weekend as it does this year. Jacksonville residents may see an increase in DUI checkpoints or roadblocks and Jacksonville police officers on the roads looking for people they suspect are driving under the influence of alcohol or drugs in certain areas they consider higher DUI crime areas.

Interestingly, police checkpoints for DUI stops and investigations may be more trouble than they are worth, according to an article last year on www.azstarnet.com. That article notes that in two years of DUI checkpoints in Arizona, more than 46,000 drivers were stopped, but only 1% of them were arrested for DUI and fewer than half of that 1% were convicted of DUI. The number of DUI arrests did not change whether the DUI checkpoints were in place or not.

If you have any questions about a DUI arrest in Jacksonville or the Northeast Florida area or DUI laws in general, we invite you to contact us any time.

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Jevon Kearse, who was one of the best defensive players ever to play for the University of Florida, was arrested and charged with driving under the influence of alcohol (DUI) after a traffic stop in Tennessee this past weekend, according to an article on ESPN.com. According to police, Kearse's vehicle was weaving in the road and speeding which was the basis for the traffic stop. When the officer approached Kearse, police said that his eyes were red and watery, his speech was slurred and he emitted an odor of alcohol. Kearse then performed the requested field sobriety test but refused to take the breathalyzer test. He was then arrested for DUI.

This is a fairly common DUI arrest scenario. When the police see a vehicle weaving and/or speeding in the early morning hours on the weekend, their suspicion of a DUI is raised. Red, bloodshot eyes, slurred speech and an odor of alcohol are classic signs that police look for when deciding to initiate or continue a DUI investigation. Police will then often request a field sobriety test which the driver has a right to refuse. Police will often also request the driver submit to a breath or blood alcohol test which, if refused in Florida, subjects the driver to driver's license suspension penalties, which are further detailed here on our website.

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After an arrest for drunk driving in Jacksonville, Florida the police officer is going to take your driver's license away. If you are otherwise authorized to drive (i.e. your license is not suspended or revoked), the police officer will give you a ticket that will serve as a temporary driver's license that lasts for 10 days. After ten days after your arrest for DUI, your temporary privilege to drive expires. However, even though your license will be suspended following the ten days after your arrest, you still can apply for a hardship license that allows you to drive in certain circumstances.

After your arrest for DUI in Jacksonville, there is also a procedure that allows you to challenge the suspension of your license with a Department of Motor Vehicles (DMV) officer. You must apply for a hearing within ten days of your arrest.

If that appeal of the suspension of your driver's license after the DUI is unsuccessful, that does not affect your ability to get the hardship license. The procedure for getting the hardship license is as follows. If you submitted to the breath or blood alcohol test and your blood or breath alcvohol level was 0.08 or greater, you have to wait 30 additional days after the initial 10 day temporary driving period after your arrest to petition for the hardship license. So, on the 41st day after your DUI arrest, you may have the hearing to obtain the hardship license. If you refused to submit to a blood or breath alcohol test, you have to wait 90 days after the initial 10 day temporary driving period to try to get the hardship license. So, on the 101st day after your DUI arrest, you can go to the hearing to get a hardship license.

There are two types of hardship driver's licenses. A business hardship license allows you to drive to and from work, for necessary on-the-job trips, for educational purposes, for meeical purposes and for church-related purposes. An employment hardship license allows you to drive to and from work and for necessary on-the-job trips only.

In Jacksonville, Duval County, the hearings are typically set about seven days in advance. So, around the 34th day after a DUI arrest if you bloew 0.08 or higher, or around the 94th day after an arrest if you refused to submit to a blood or breath alcohol test, call the administrative office in Duval County at (904) 777-2132 and set up the appointment for the hearing. At the hearing, you will need to show that you need a hardship driver's license for the reasons indicated above and that you will not drink and drive again. The hearing officer will also look into any criminal record you may have. It would also be a good idea to bring any proof of employment, enrollment in school and any other documentation that supports the need for a hardship license.

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A law enforcement officer was charged with driving under the influence of alcohol (DUI) after he was found passed out in his truck which was stopped in the road, according to an article at www.News4Jax.com. The officer was given a field sobriety test which he reportedly failed, and was then arrested for DUI.

One question in the DUI context that may arise from this arrest is how a person can be arrested for drunk driving, or DUI, when he is not even driving the vehicle. In other words, does a person have to actual drive the vehicle to be arrested and ultimately convicted of a DUI defense? The answer is no. A person can commit a DUI if he/she is driving the vehicle when his/her normal faculties are impaired or with a blood or breath alcohol level of 0.08 or higher, or if he/she is in "actual physical control" of the vehicle. "Actual physical control" means the person has the capability to direct the vehicle even if he/she is not doing so around the time of the arrest. So, if a person is in the driver's seat of a stopped vehicle with the keys in the ignition, that person may be at risk of a DUI arrest even if the person is not driving. If the vehicle is stopped in the middle of the road and the driver is passed out, as reported in the article referenced above, the risk of a DUI arrest increases.

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The field sobriety test during an investigation by police for driving under the influence of alcohol or drugs (DUI) consists of a few tests administered by the police officer, like the horizontal gaze test, standing on one leg, walking in a straight line and turning around and reciting the alphabet. A police officer often will ask a driver to submit to a field sobriety test if he/she thinks the driver is under the influence of alcohol or drugs.

A typical traffic stop that turns into a DUI investigation might go something like this. A police officer will observe a driver violate a traffic law such as failing to maintain one's lane, rolling through a stop sign or speeding. The police officer will then pull the driver over, approach the driver and ask a few questions. If the police officer observes what he/she subjectively considers evidence of intoxication, the police officer may ask some questions pertinent to a DUI investigation such as whether or not the driver has been drinking or using drugs and if so, to what extent. The police officer may then ask the driver to submit to a field sobriety test.

A driver in Florida is not required to submit to a field sobriety test. If a driver does submit to a field sobriety test, there is no objective criteria that measures whether or not the driver passes or fails. It is up to the discretion of the police officer. There are several reasons why a completely sober person might fail a field sobriety test depending on his/her age, level of coordination, physical condition, nervousness and many other actors. Anyone who feels like he/she has one of these conditions that would affect the results of a field sobriety test should seriously consider refusing the test. If the driver submits to a field sobriety test and the police officer determines that he/she fails, the officer will testify as to his/her version of what happened during the test and his/her interpretation of the results. Of course, a refusal to submit to a field sobriety test can be used against a driver at a DUI trial, but there may certainly be valid reasons for the refusal completely unrelated to alcohol or drug use.

At a DUI stop in Florida, it is important to understand that the field sobriety test requested by the police officer is designed to obtain subjective evidence of impairment that can be used against the driver in court. Every driver in Florida has a right to refuse the field sobriety test. However, this should not be confused with the blood or breath alcohol test, a refusal to which subjects a person to an automatic license suspension of one year for a first refusal and 18 months for a subsequent refusal.

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In Jacksonville and throughout Florida, a DUI can be bumped from a misdemeanor crime to a felony crime if the offender has three prior misdemeanor DUI convictions. If the state prosecutors can prove that the person committed the fourth DUI after three prior misdemeanor DUI's, that fourth DUI can be classified as felony DUI conviction, which carries greater penalties than a misdemeanor DUI conviction.

However, as a recent Florida criminal case illustrates, there is a speedy trial issue that can affect how and when the felony DUI can be prosecuted. When a person is charged with a misdemeanor crime, the state has 90 days to bring the case to trial. Failure to try the case within that time period means the misdemeanor charge must be dismissed. For felony crimes, the speedy trial period is 175 days.

How does this work in Florida when a DUI starts out as a misdemeanor and then the prosecutor bumps the charge up to a felony? Which speedy trial period applies? It depends on how the transition of the DUI charge from misdemeanor to felony is done. If the state dismisses, or nolle prosses, the misdemeanor DUI charge, the felony court has sole jurisdiction of the DUI charge and the 175 day speedy trial period applies. The same is true if the state files a motion to consolidate the misdemeanor DUI charge into the felony DUI charge. However, if the state merely transfers the case to the Circuit Court (the felony court) then the County Court (the misdemeanor court) keeps jurisdiction of the misdemeanor DUI charge, and the 90 day speedy trial period is still in effect for that charge. As a result, if the DUI case is not tried within 90 days, the misdemeanor DUI charge must be dismissed. Then, the felony DUI charge must also be dismissed because the felony DUI charge depends on a conviction of the current misdemeanor DUI charge, which is impossible since it has been dismissed in misdemeanor court.

If you have been arrested for DUI in the Jacksonville, Florida area and the state is considering upgrading the charge to a felony DUI, it is important that you and your attorney understand the time implications and make sure the state does everything right. If they do not, the state may lose their ability to pursue the DUI charges. If you have a question about a DUI arrest and any of the criminal procedures surrounding that arrest and the subsequent charges, feel free to contact us for a free consultation.

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A Jacksonville (Duval County), Florida woman was recently arrested on charges of DUI (driving under the influence) Manslaughter after causing a car accident that killed her young son. According to the article on www.News4jax.com, the Florida Highway Patrol crash report indicated that Angela Harper lost control of her vehicle, crossed over two lanes of traffic and crashed into the guardrail. Ms. Harper was wearing her seat belt, but the five passengers were not and were all thrown from the vehicle.

After the accident, a blood alcohol test was performed on Ms. Harper. The results showed that her blood alcohol level was 0.11, which is above the legal limit.

In Florida, the crime of DUI Manslaughter is committed when a person operates a vehicle under the influence of alcohol or certain drugs and has his/her normal faculties impaired or has a blood or breath alcohol level of 0.08 or more and as a result causes the death of another. DUI Manslaughter under these circumstances is normally punishable as a second degree felony.

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Drunk driving in Jacksonville may now result in a relatively new device being installed in your car to detect your breath alcohol content before your car will start. If you have been arrested and then convicted for driving under the influence (DUI) in Jacksonville or anywhere else in Florida, you may be required to have an Ignition Interlock Device installed in your vehicle. An Ignition Interlock Device will prevent the vehicle from starting if the driver provides a breath sample with an alcohol content over 0.05. The devices are also equipped with retest capability for random testing while the vehicle is running. The results of the device testing is available via web-based reporting 24/7.

After a DUI conviction in Florida, a person may be required to have the Ignition Interlock Device installed if his or her driving privileges are reinstated pursuant to a permanent or restricted license or a limited driver's license for work/business purposes. The driver's license will be designated with a "P" restriction indicating that that the Ignition Interlock Device is required.

Those people convicted of DUI in Florida who are eligible to have their driver's license reinstated but are required to have the Ignition Interlock Device installed must pay for the device. The costs for the device are listed here on the Florida Department of Highway Safety and Motor Vehicles website. If the person is unable to afford the cost of the device, he or she may attempt to have the fine associated with the DUI conviction reduced to help pay for the device.

Florida DUI law provides that a person convicted of DUI for the first time will only have to have the device installed if required by the court. However, if the defendant's blood or breath alcohol level was 0.20 or higher or if a minor was in the vehicle during that first DUI, the device is required for at least 6 months. For a second DUI conviction, the device is required for at least one year or at least two years if the blood or breath alcohol content was 0.20 or greater or a minor was in the vehicle during the DUI. For a third DUI conviction, the device is required for at least two years.

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Scott Weiland, who is is famous to some as the lead singer of the rock group Stone Temple Pilots, was recently sentenced to 192 hours in jail after his second arrest for DUI (driving under the influence of alcohol) in California. According to the police report, Weiland was involved in a one vehicle accident. When the police arrived, they noted that Weiland was showing "signs of impairment" although the police report does not specify what those signs of impairment were. The police report goes on to say that Weiland was given field sobriety tests, which he failed, although the report also does not specify what tests were given and how he failed. Weiland was then taken to jail where he refused the blood or urine tests that were offered by the police.

In Jacksonville, and everywhere else in Florida, Weiland's DUI conviction (or drunk driving or DWI as the crime is often called) would subject him to, among other penalties, a fine of $500 - $1,000, jail time from 10 days to 9 months, probation of up to one year and a license suspension of 5 years if his second DUI occurred within 5 years of his first DUI conviction. If the second DUI conviction was more than 5 years from his first DUI conviction, the minimum jail time is one day and the license suspension period is 180 days to one year, among other penalties.

Also in Florida, refusing to submit to a blood or urine test as the police report indicates Weiland did subjects the person to an automatic license suspension of one year for a first refusal and 18 months for a second (or more) refusal of a blood or urine test.

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Bon Jovi guitarist Richie Sambora was recently arrested for DUI in California. Along with an adult woman, Sambora had his 10 year old daughter and another juvenile in the car with him at the time. According to police, Sambora failed several field sobriety tests. He opted to take a blood test, rather than a breath test. The results have not yet been released. Sambora is potentially facing additional charges relating to driving under the influence with juveniles in the car.

DUI is a charge that often touches the rich and the poor, the bad and the good, and the old and the young. Several celebrities have had their bouts with driving under the influence charges. Lindsey Lohan, Nicole Richie, Paris Hilton, Mel Gibson, Kiefer Sutherland, Mischa Barton and Michelle Rodriguez are just a few of the celebrities that have been arrested for DUI within the last few years.

The Florida legislature continues to crack down on DUIs by enacting progressively tougher legislation with mandatory sentencing requirements that binds the Court's hands. Mandatory probation periods, fines, classes, driver's license suspensions and sometimes jail time are just some of the punishments that Florida courts must levy on persons that are convicted of DUI.

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