Jacksonville DUI Lawyer
Aggressive Defense from a Former Prosecutor
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 comes 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 case.
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.
What Should I 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.What Is the Difference Between DUI & DWI in Florida?
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. If you are found to be operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, you can be charged with DUI. If you are found to be driving under the influence of drugs, you can also be charged with DUI.
What Are the Penalties for 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.
Effective Defense Strategies for DUI Cases
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.
Additional Resources
- Florida Department of Highway Safety and Motor Vehicles – Learn more about Florida's laws on impaired driving, including consequences and penalties for DUI offenses.
- Florida Department of Health – Find resources and information on alcohol abuse prevention and treatment services in Florida.
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.
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"Forever Grateful"
Russell McMormick’s firm has been amazing. We reached out to his law firm for help and were given clear instructions on how to move forward. We followed those instructions and my son was given early termination. We are so grateful!
- Angel E. -
"Make Him Your First Call!"Sometimes, we make choices in life that require some fast-acting, professional assistance getting it put behind us. Russell McCormick and his team provided just that. I could not have asked for any better service... thank you for making it as painless as p- Tracy W.
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"Hard Work and Dedication"Russell McCormick is an excellent attorney. With Russell's professional expertise and knowledge, my son received a lesser sentence. Thank you for your hard work and dedication.- Carla B.
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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
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"Russell Was Awesome!"Facing multiple charges... everything was dropped. Russell was awesome! Always answered my questions and phone calls, and his right-hand woman Dorothy is a great help also.- Robert R.
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"He Couldn't Have Made It Easier"Want to give a huge thanks to Russell & I would highly recommend him! He was always easy to get in contact with and answered any questions I had. He couldn’t have made this process any easier. Greatly appreciate all of his work!- Nikki N.
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"Absolutely Amazing"
Russell is absolutely amazing. He is very thorough in his research. He conducts himself in a very professional manner. He has so much knowledge. We will be keeping him on retainer.
- Jerry B. -
"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.
What Are the Consequences 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
- Up to $1,000 in fines
- 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.
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 Experienced DUI Defense
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 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 and out of the courtroom
- Thorough investigation to uncover any weaknesses in the prosecution's case
- Negotiation skills to seek reduced charges or penalties
- Guidance and support throughout the legal process
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.