Jacksonville DUI Defense Attorney
Immediate DUI Defense and License Protection with a Jacksonville DUI Lawyer
Being arrested for driving under the influence (DUI) can be a frightening experience. You may be unsure of what to do next or how to protect your rights. At McCormick Law, we understand the stress and anxiety that come with a DUI arrest. Our Jacksonville DUI defense lawyer is here to help you navigate the legal process and fight for the best possible outcome in your scenario.
With more than 10 years of legal experience, Attorney Russell B. McCormick has a comprehensive knowledge of Florida DUI laws and the criminal justice system. He can help you understand your rights and options and will work tirelessly to build a strong defense on your behalf. Our firm is committed to providing personalized legal services and aggressive representation every step of the way.
If you have been arrested for DUI in Jacksonville or the nearby areas, call McCormick Law at (904) 353-0436 or contact us online for a free and confidential consultation. We proudly serve clients throughout Nassau, St. Johns, Clay & Baker Counties.
Understanding Florida's DUI Landscape
Florida's laws regarding driving under the influence are among the strictest in the nation. These regulations are designed to ensure public safety on the roads, particularly because Florida has a significant number of tourists, thus increasing the volume of traffic and potential for incidents.
Common DUI cases we handle in Jacksonville include:
- High BAC: A BAL of ≥0.15 automatically doubles the minimum fine and imposes a mandatory Ignition Interlock Device (IID) for at least six months, even for a first offense.
- Underage DUI: An underage DUI applies to drivers under 21 years old who operate a vehicle with a blood alcohol concentration (BAC) of 0.02% or higher, even if they are not visibly impaired.
- Minor Passenger: Driving under the influence with a person under 18 in the vehicle also doubles the minimum fine and imposes mandatory jail time if convicted.
- Third Offense: A multiple DUI occurs when a person is convicted of driving under the influence more than once, within 10 years of a prior DUI conviction. Each subsequent offense carries increasingly severe penalties
- DUI Manslaughter: DUI resulting in a fatality is a Second-Degree Felony, punishable by up to 15 years in prison.
- DUI with Drugs or Prescribed Medication: Florida law defines impairment broadly to include any chemical substance or controlled substance.
- Commercial DUI (CDL): Commercial drivers are held to a much higher standard. A CDL holder can be charged with a commercial DUI for operating a commercial vehicle with a BAL of ≥0.04.
The Difference Between DUI & DWI
In Florida, the terms "DUI" and "DWI" are used interchangeably. Both refer to the criminal offense of driving under the influence of alcohol or drugs. The state does not differentiate between driving under the influence of alcohol and driving under the influence of drugs.
Understanding these nuances is vital because legal strategy can differ depending on the specifics of your situation. For instance, defenses might involve questioning the accuracy of breathalyzer results or challenging the legitimacy of a drug test.
Knowing this can influence the type of evidence that is important for your defense and what legal arguments might be most effective.
Penalties of a First-Time DUI Conviction in Florida
Florida has some of the strictest DUI laws in the country. Even a first-time DUI offense can result in serious penalties, including jail time, fines, and a driver's license suspension. If you are facing DUI charges, it is important to take them seriously and seek legal representation as soon as possible.
The penalties for a first-time DUI conviction in Florida include:
- Up to 6 months in jail
- Up to 9 months of probation
- Fines up to $1,000
- At least 50 hours of community service
- Driver's license suspension for up to 1 year
- Vehicle impoundment for up to 10 days
- Ignition interlock device (IID) installation for up to 6 months
In addition to these penalties, a first-time DUI conviction will also result in a permanent criminal record. This can make it difficult to find employment, secure housing, or obtain professional licenses. It can also impact your ability to obtain financial aid for college, and it can affect your immigration status if you are not a U.S. citizen.
Considering these long-term consequences, understanding your legal rights and options is crucial. A DUI conviction can affect various aspects of your life, from professional prospects to personal relationships. By engaging a defense lawyer early, you can better navigate these complexities, challenge the charges where possible, and seek alternatives that might mitigate the damaging effects of a conviction.
Consequences of Refusing a Breathalyzer Test
In Florida, if you are lawfully arrested for DUI, you are required to submit to a breathalyzer test. This is due to the state's implied consent law. If you refuse to take a breathalyzer test, your driver's license will be automatically suspended for one year. If you refuse to take a breathalyzer test and have previously refused one, your driver's license will be automatically suspended for 18 months. You will not be eligible for a hardship license during this time.
In addition to the administrative penalties for refusing a breathalyzer test, your refusal can also be used against you in court. The prosecution can argue that you refused the test because you knew you were intoxicated. This can make it more difficult to fight the DUI charges.
If you take the breathalyzer test and fail, your driver's license will be automatically suspended for six months. If you have previously failed a breathalyzer test, your driver's license will be automatically suspended for one year. You will not be eligible for a hardship license during this time.
Given these serious implications, it is important for those charged with DUI to explore all legal options. Legal defenses might include questioning the legality of the initial traffic stop or the proper administration of tests. Consulting with an attorney can provide clarity on which strategies are the most viable under your specific circumstances.
Effective Defense Strategies for DUI in Jacksonville
Our Jacksonville DUI defense lawyer will thoroughly review the evidence against you and develop a personalized defense strategy tailored to your specific circumstances. Some of the most common defenses we may use in a DUI case include:
- Challenging the Validity of the Traffic Stop: Law enforcement must have reasonable suspicion or probable cause to pull you over for suspected DUI. If the officer lacked sufficient justification, any evidence gathered after the stop may be deemed inadmissible.
- Disputing Field Sobriety Test Results: Field sobriety tests are notoriously unreliable and can be affected by various factors, such as physical conditions or environmental conditions. Our attorney can challenge the accuracy of these tests and seek to have them excluded from evidence.
- Questioning the Accuracy of Breathalyzer or Blood Test Results: Breathalyzers and blood tests are not infallible, and errors can occur during testing. Our lawyer will carefully review the procedures followed by law enforcement to ensure that your constitutional rights were not violated.
- Investigating Potential Violations of Police Procedure: In some cases, officers may have failed to follow proper protocol during a DUI arrest, which could lead to a dismissal of charges. Our attorney will investigate all aspects of your case to identify any possible procedural missteps.
Beyond these strategies, a comprehensive defense often requires a detailed investigation into your arrest's circumstances. This may involve collecting witness testimonies, analyzing video footage, or consulting with experts in toxicology to challenge the prosecution's evidence. By gathering robust supporting evidence, we can further strengthen your defense and increase the likelihood of a favorable outcome.
Don't let a DUI conviction ruin your career. Contact our firm online or call (904) 353-0436 to schedule a complimentary strategy session with a leading DUI defense attorney in Jacksonville. We are former prosecutors, we offer bilingual services, free consultations and 24/7 availability.
Five-Star Reviews See What our Clients Have to Say
Russell B. McCormick Focuses on You, and It Shows in Our Reviews
Read through some of our recent five-star client testimonials below, or call (904) 353-0436 get started with our attorney today.
-
"Russell B. McCormick was very direct and upfront about everything, laying out all the options available to me."A friend who went through a similar situation recommended me this Law Office. I was a bit nervous about talking to a lawyer since it was my first time having to need one. Russell B. McCormick was very direct and upfront about everything, laying out all the options available to me. He was also quite accommodating with my work schedule and kept me up to date with anything that came up or that I needed to do. I’m so grateful he was able to reduce my charge, with the eligibility of getting it sealed later on.- Kevin
-
"Russell is Amazing!"Russell is Amazing! He handled my son’s case with such professionalism all while having a very calm demeanor. His hard work granted the best results for my son, and we are more than pleased. And I can’t leave out Dorothy! It was a pleasure speaking with her when calling the office Every Time.She was always sweet and made sure to answer any concerns that we had.. Overall I give Russell and his team a A+.. I highly recommend..- Meka B.
-
"They were knowledgeable and straight to the point"This firm was well worth it , they were knowledgeable and straight to the point and actually got the job done . Also they respond back to you in a timely manner . I am very appreciative for their service. Now I can move forward in life . Thanks- Deven R.
-
"Highly recommend Russell McCormick."Highly recommend Russell McCormick. Upon calling he immediately went to work on my case. He clearly communicated the process and walked me through any questions I had. He was also able to get my sentencing talked down and made the process as painless as it could be. I am so glad he was referred to me!- Rachel B.
-
"Russell cares and he knows the system. the outcome of my case far surpassed my expectations."Russell was great! this is the second time I have used him and i have to say, I'm impressed. Russell cares and he knows the system. the outcome of my case far surpassed my expectations. I would recommend Russell McCormick to anyone needing legal counsel. After finding Russell, I will never use anyone else for my legal needs!- Luke F.
-
Called the McCormick office in trouble, with my freedom on the line. Russell answered the phone himself and confirmed he took on my type of cases. He took my information down and we scheduled a consultation. When I arrived for my consultation, he already had the information about my case,and a plan to come to my defense, already in tow! That made me confident in hiring Russell. However, my case had gotten thrown out (unbeknownst to me) and even though I paid the retainers fee, he sent me a refund.In reality he could have kept it. That right there is why he'll forever be my go to attorney if I needed one. Ready to defend and honest when need be. I appreciate him and Ms Dorothy and highly recommend. Thanks again!- Jones
-
"Worth Every Penny!"I cannot say thank you enough to Mr. McCormick and his team. Everyone was amazingly nice and professional and I always got a response in a timely manner. He was worth every penny so I didn’t have to face the court alone.- Amber H.
-
"Much Love and Respect for This Man"
Russell is by far the best defense attorney in Jax. He did an amazing job with my case. Has the respect of the state's attorneys and the judges as well, which if you know how the law works is important for your defense.
- Eric G.
What Should You Do Immediately After a DUI Arrest in Florida
The first step you should take after a DUI arrest in Florida is to remain calm and cooperate with law enforcement officers. First and foremost, invoke your right to remain silent until you have consulted with an attorney. Do not answer questions or discuss the circumstances of your arrest without legal counsel present.
Next, contact a skilled DUI defense lawyer as soon as possible. An experienced attorney can guide you through the legal process, advising you on the best course of action and helping you protect your rights.
It's also wise to document everything you remember about the arrest, as these details could be crucial to your defense. This includes the time of arrest, location, officer's name and badge number, and any interactions with law enforcement.
In addition to legal guidance, understanding the procedural steps that follow a DUI arrest is essential:
- Immediate Contact (The First 10 Days): Our firm immediately meets with you (we offer 24/7 availability) to file the request for the Formal Review Hearing with the DHSMV. This action is the only way to challenge the suspension and seek a Business Purposes Only (BPO) Hardship License after the mandatory suspension period.
- Discovery and Scene Investigation: As former prosecutors, we know what documents the State must produce. We secure all FSE video, Breathalyzer logs, and police reports. We frequently visit the arrest scene to document conditions (lighting, uneven surfaces) that undermine the FSE results.
- Motion to Suppress: This is the key defense tool. We challenge the core evidence (stop, tests, statements) to get the case dismissed or reduced. Success in the DHSMV hearing can be leveraged to argue probable cause flaws in the criminal case.
- Negotiation for Reduction: Leveraging our prosecutorial experience, we negotiate aggressively for an outcome like Reckless Driving (often available in exchange for a plea and conditions) or Withhold of Adjudication, which avoids a formal conviction on your public record.
When it comes to criminal charges, time is of the essence. Call our Jacksonville DUI defense attorney at (904) 353-0436 today or fill out our online contact form to get started on your defense immediately.
Protect Your Rights With an Experienced DUI Lawyer in Jacksonville
Being charged with a DUI in Florida can have serious consequences, including license suspension, fines, and even jail time. It's crucial to have a skilled DUI defense attorney on your side to protect your rights and fight for the best possible outcome in your case.
At the Law Office of Russell B. McCormick, PA, our team has extensive experience in handling DUI cases in Jacksonville and the surrounding areas. As a former prosecutor, Attorney McCormick understands the tactics used by the other side and knows how to build a strong defense strategy to challenge the charges against you.
When you choose us to represent you, you can expect:
- Personalized Attention to Your Case
- Aggressive Defense Both In & Out of the Courtroom
- Thorough Investigation to Uncover Any Weaknesses in the Prosecution's Case
- Negotiation Skills to Seek Reduced Charges or Penalties
- Guidance & Support Throughout the Legal Process
Our approach is client-focused, and we take the time to understand your specific circumstances and concerns. Every DUI charge is unique, and by tailoring our defense strategies to align with your particular situation, we increase the effectiveness of our representation.
Whether negotiating with prosecutors or advocating in court, our objective is to ameliorate potential penalties and facilitate a smooth legal journey for you.
Don't face DUI charges alone. Call (904) 353-0436 today to schedule a consultation and learn how we can help you protect your future.