Being arrested for driving under the influence (DUI) in Jacksonville, Florida is a serious matter that can derail your future, put your license at risk, and cost you thousands of dollars in fines, increased insurance premiums, and lost opportunities. The legal process is complex, the penalties are severe, and the consequences can follow you for years.
The good news: with the right legal strategy, it is often possible to reduce the impact—sometimes even to get charges dismissed or reduced. This page explains the core rules of Florida DUI law, what typically happens after an arrest in Duval County, and how the Jacksonville DUI defense team at Turner O’Connor Kozlowski, PL (TOK Legal) can protect your rights.
If you or someone you love is facing a DUI, do not go it alone. Know the law, understand your options, and take action. Call us today at 352-747-4920 or reach us through our contact page to schedule a confidential consultation with a Jacksonville DUI lawyer.
Understanding DUI
In Florida, a DUI occurs when a person operates—or is in actual physical control of—a vehicle while impaired by alcohol or certain drugs to the extent that their normal faculties are impaired, or when the person has a breath or blood alcohol level of 0.08 or higher. See Fla. Stat. § 316.193.
Critically, an officer can arrest you even if your breath or blood alcohol level is below 0.08 if they believe your normal faculties are impaired. And because the statute covers “actual physical control,” a person can be prosecuted even if the car never moved (for example, sitting in the driver’s seat with the ability to start and operate the vehicle).
Impairment can be based on alcohol, controlled substances, or certain chemical substances. Unlike alcohol, there is no fixed “per se” drug level that equals impairment; prosecutors often rely on officer observations, field sobriety exercises, and urine/blood tests, which can raise scientific and legal challenges.
Special rules apply to certain drivers: commercial drivers can face administrative consequences at lower levels (0.04 or higher), and drivers under 21 are subject to Florida’s zero-tolerance policy (administrative penalties at 0.02 or above). See FLHSMV guidance on administrative DUI suspensions.
DUI Law in Florida
DUI sentencing in Florida uses both mandatory minimums and escalating maximum penalties that depend on prior convictions, alcohol level (0.15+), the presence of a minor in the vehicle, and whether there was a crash, injury, or death. The statute is detailed and the downstream licensing and insurance impacts are significant. See the core DUI law at § 316.193 and administrative suspension rules at FLHSMV.
First Offense
A first DUI without enhancements carries up to 6 months in jail, a fine of $500–$1,000, license suspension (6–12 months), DUI school, vehicle impoundment/immobilization, and probation terms. If the BAC is 0.15+ or a minor was in the vehicle, exposure increases (e.g., up to 9 months and higher fines), and ignition interlock may be required. See licensed programs via FLHSMV’s DUI Programs.
Second Offense
A second DUI within five years triggers mandatory jail (at least 10 days), longer revocations (often 5 years), higher fines, longer impoundment, Level 2 DUI school, and mandatory ignition interlock. If the prior was more than five years ago, penalties are still elevated but some minimums differ.
Third Offense
A third DUI within ten years of a prior may be charged as a third-degree felony (up to 5 years’ prison), with mandatory interlock and lengthy revocations. More than ten years apart can be a misdemeanor but still brings steep fines, interlock, and lengthy suspensions.
Fourth or Subsequent
Fourth DUIs can be prosecuted as felonies with permanent revocation risks and significant incarceration and fines.
DUI with Property Damage or Injury
DUI with property damage or minor injury is a first-degree misdemeanor (up to a year in jail). DUI with serious bodily injury is a third-degree felony (up to 5 years’ prison plus fines and restitution).
DUI Manslaughter
DUI causing death is a second-degree felony with a 4-year mandatory minimum and up to 15 years’ prison (or more in certain scenarios). Investigations involve crash reconstruction, toxicology, and specialized units.
DUI Involving Drugs (DUID)
A DUID can be based on illegal drugs or even properly prescribed medications if they impair normal faculties. But prosecutors must prove both impairment and that a listed substance caused it. Blood/urine results can show inactive metabolites rather than active impairment—an issue that experienced defense counsel can challenge with toxicology and scientific testimony.
Administrative vs. Criminal DUI Penalties
Florida separates DUI consequences into two tracks: (1) administrative (handled by FLHSMV) and (2) criminal (through the courts). If you fail or refuse a lawful test, your license can be suspended immediately at the administrative level—separate from the court case. You have only 10 days from arrest to request a formal review hearing to challenge the suspension. See FLHSMV DUI Administrative Suspension.
First-time drivers may seek a hardship license if eligible, but they must enroll in DUI school and meet all conditions.
Hardship Licenses & Reinstatement
A hardship license can allow limited driving for employment, school, or medical needs during suspension. Applicants typically must enroll in or complete DUI school and may have a hearing. Violations of restrictions can trigger revocation.
For CDL holders, separate and stricter rules apply (see below).
DUI Checkpoints in Florida
Sobriety checkpoints are permitted if they comply with constitutional safeguards and published operational plans. Agencies must follow neutral stop patterns and publicize operations. Drivers must provide license, registration, and proof of insurance; they are not required to answer incriminating questions. Many checkpoint cases turn on whether procedures were followed—often a fertile area for defense. See general guidance via the Florida Highway Safety and Motor Vehicles and your local law enforcement announcements (e.g., Jacksonville Sheriff’s Office).
Underage DUI & Zero Tolerance
Florida’s zero-tolerance policy allows administrative penalties for drivers under 21 at 0.02 BAC or higher, even without a separate criminal DUI. These records can have long-term academic and employment consequences, so swift action and counsel are vital.
Ignition Interlock Device (IID) Requirements
An ignition interlock device may be ordered on certain first offenses (BAC 0.15+ or minor in vehicle) and is required on second and subsequent convictions. Offenders pay for installation, monthly monitoring, and maintenance. See general IID program information at FLHSMV’s DUI & IID page.
Commercial Drivers (CDL) & Ride-Share Drivers
CDL: Commercial drivers face stricter standards (administrative issues at 0.04) and potentially career-ending disqualifications upon DUI convictions—even for a first offense. See FLHSMV guidance on Commercial Drivers.
Ride-share (Uber/Lyft): Arrests can trigger platform deactivation; convictions can lead to permanent bans. These cases often require parallel strategies to protect both the criminal case and your livelihood.
Out-of-State Drivers
Florida is part of information-sharing compacts. A Florida DUI can trigger consequences in your home state. It’s crucial to defend the case where it occurred and to understand how Florida administrative actions may translate elsewhere.
What Should I Do If I’m Stopped for a Suspected DUI in Jacksonville?
Encounters with law enforcement in Jacksonville (often the Jacksonville Sheriff’s Office) require calm and disciplined responses. Here’s a practical framework:
1) Stay Calm and Courteous
Provide license, registration, and proof of insurance on request. Avoid sudden movements or confrontational language.
2) Limit Conversation
You must provide basic identifying information—but you do not have to answer incriminating questions about where you’ve been or whether you’ve been drinking. Politely state you prefer to speak with an attorney.
3) Field Sobriety Exercises Are Voluntary
Standardized Field Sobriety Tests (walk-and-turn, one-leg stand, HGN) are subjective and influenced by age, injuries, footwear, fatigue, and conditions. You can decline, although prosecutors may argue your refusal shows consciousness of impairment.
4) Think Carefully About Chemical Testing
Under Florida’s implied consent law, refusing a lawful breath/urine/blood test after arrest can lead to an immediate administrative suspension (typically 1 year for a first refusal, 18 months for subsequent). A refusal can also be used as evidence in court and, in certain circumstances, prosecuted separately. On the other hand, a very low test result can help. The decision is fact-dependent—speak with counsel as soon as possible.
5) If Arrested, Comply—Then Invoke Your Rights
Do not resist or argue. Clearly state, “I want to speak with an attorney,” and remain silent thereafter.
6) Record Details After Release
Write down what happened: times, locations, statements, officer names/badge numbers, roadside conditions, witnesses, and any video sources (business or residential cameras).
7) Act Quickly
You have only 10 days to request a formal review hearing to contest an administrative suspension. Call TOK Legal immediately at 352-747-4920.
Field Sobriety Tests: Accuracy & Legal Challenges
Field tests are not scientific measurements of alcohol level. Even when standardized and properly administered, they can mislead. We challenge whether tests were explained correctly, whether instructions were followed, whether environmental factors (uneven surfaces, traffic, weather, lighting) affected performance, and whether medical conditions (inner-ear issues, prior injuries, weight, age) explain “clues.”
Can I Refuse Breath, Urine, or Blood Testing?
Florida’s implied consent regime allows administrative penalties for refusing a lawful post-arrest test. A first refusal typically brings a 1-year suspension; subsequent refusals can mean 18 months and may be charged criminally. Conversely, providing a sample that reads 0.08+ can be powerful evidence for the State. The choice is nuanced—what you were told by officers, your medical conditions, the timeline, and prior history all matter. Get tailored advice as early as possible.
Consequences of a DUI on Your Record
A DUI conviction can affect employment (especially driving, healthcare, education, and licensed trades), housing, professional licensing, insurance premiums, and immigration status. Unlike many offenses, DUI convictions in Florida generally cannot be sealed or expunged—another reason to fight the case before a conviction occurs.
Can a DUI Be Expunged or Sealed in Florida?
As a rule, a DUI conviction cannot be sealed or expunged in Florida. If your DUI is reduced or dismissed—and you are otherwise eligible—you may be able to pursue relief for the non-DUI disposition. The best way to preserve future options is to obtain the most favorable outcome before any conviction is entered. See expunction/sealing overviews at the Florida Department of Law Enforcement: FDLE Seal & Expunge.
Jacksonville & Duval County
Most Jacksonville DUI cases run through the Fourth Judicial Circuit (Duval, Clay, Nassau). Useful public resources include:
- Duval County Clerk of Courts (records, dockets, payments)
- Jacksonville Sheriff’s Office (JSO) (local law enforcement information)
- Office of the State Attorney, 4th Judicial Circuit (prosecutor information)
- Florida State Courts (statewide court resources)
- FLHSMV DUI Administrative Suspensions
- NHTSA: Risky Driving and CDC Transportation Safety (safety research often implicated in DUI litigation)
How a Jacksonville DUI Lawyer Can Help
The difference between conviction and dismissal often turns on the details. Our approach is comprehensive and aggressive:
Case Evaluation
We scrutinize every step—traffic stop justification, detention, arrest, Miranda, field tests, breath/urine/blood testing protocols, instrument maintenance/calibration, video evidence (body-cam/dash-cam), and whether officers complied with operational plans (including any checkpoint procedures).
Defense Strategies
Common defenses include unlawful stop/mistaken identity, lack of probable cause for arrest, medical explanations for FSE “clues,” contamination or noncompliance in testing, unreliable breath machine records, and failures in implied consent warnings. We often engage toxicologists and breath-test experts to challenge the science.
Negotiations & Alternative Outcomes
Not all cases should go to trial. When appropriate, we pursue reductions (e.g., reckless driving), diversion or treatment pathways, and sentencing alternatives. Strategic negotiation starts with leverage built through meticulous investigation.
Trial-Ready Representation
When trial is the best path, we are prepared to litigate aggressively, cross-examine the State’s experts, and present a compelling defense narrative.
Frequently Asked Questions
Will I lose my license right away?
You may face an immediate administrative suspension after a failure/refusal. You have 10 days to request a formal review with FLHSMV.
Do I have to do field sobriety tests?
No—FSEs are voluntary. Results are subjective and challengeable.
Do I need a lawyer if my BAC is over 0.08?
Yes. High-BAC cases can still be defended on constitutional, procedural, and scientific grounds.
How soon should I call a lawyer?
Immediately. Evidence disappears quickly, and the 10-day clock for the administrative hearing starts at arrest.
Get the Defense You Need from Experienced Jacksonville DUI Lawyers
A DUI arrest in Jacksonville is intimidating—but you have options. With an experienced and strategic legal team like Turner O’Connor Kozlowski, PL, you can challenge the State’s case, protect your record, and work toward the best possible outcome.
Don’t wait. Call our Jacksonville DUI lawyers now at 352-747-4920 or send us a message through our contact page to set a confidential consultation and start building your defense today.