DUI – Driving Under the Influence Lawyer and Drunk Driving Arrest – FAQ
Another DUI in Jacksonville Florida ? Don’t Lose Your License! Get Help Fast from Expert Florida DUI Attorney Janet Johnson one of the top DUI lawyers in Florida.
Call the Martindale-Hubbell top rated Driving Under the Influence lawyer in Jacksonville, Florida, Criminal Defense Attorney and DUI specialist Janet Johnson, for a free initial consultation regarding your DUI drunk driving defense: 904-634-8991
DUI Question: If I have been charged with Driving Under the Influence in Jacksonville, Florida, do I have a defense?
Yes, you have a drunk driving defense. If you have a drink or two while having dinner and then drive home it is not a crime. Drinking does not necessarily mean that you are drunk. Drinking and driving is a crime only when your blood-alcohol level (BAC) is above .08 on an appropriately administered, standardized machine, urine test, or blood test or if your normal faculties are impaired. For help with your dui drunk driving defense and dui arrest, contact DUI attorney Janet Johnson, a Florida DUI lawyer based in Jacksonville, Florida.
DUI Question: How soon can I be released if I have been arrested for D.U.I. Drunk Driving Arrest?
Under Florida Law, persons arrested for Driving Under the Influence (D.U.I.) can be released when:
- The person’s normal faculties are no longer impaired
- The person’s blood/breath alcohol lever is lower than 0.05; 0r
- Eight hours have elapsed from the time the person was arrested.
DUI Question: What about the DUI breath test in Florida?
According to Florida law your license can be administratively suspended if you refuse to take a blood test or for a breath test result of .08 or greater. A license suspension can last 6 to 18 months. To help with your DUI drunk driving defense in Florida, contact DUI specialist Janet Johnson’s Jacksonville Florida office today.
Contact Janet Johnson today at: 904-634-8991
DUI Question: What about the Florida drunk driving arrest field test?
The police have the right to stop you if they suspect that you are driving under the influence of drugs and/or alcohol. The sobriety test may include the following:
- Horizontal gaze test
- Reciting the alphabet
- Walk-and-turn test
- Finger-to-nose test
- The ability to stand on one leg
Other factors can cause you to fail a field sobriety test and it does not mean that you are guilty or unfit to drive. Fatigue, nervousness, weight, physical illness, age, and/or depression may hinder your ability to do some of the tests.
For your Driving Under the Influence defense in Florida, you need an experienced DUI defense lawyer who will represent you in your DUI case. Call DUI defense expert Janet Johnson for immediate help.
Contact Janet Johnson today at: 904-634-8991
SEALING, EXPUNGING AND DUI’s
In Florida, under certain conditions a person is eligible to seal an arrest that did not result in a conviction, or expunge or erase an arrest that was dropped or resulted in a Not Guilty verdict.
Because Florida statutes require a conviction on any plea to a DUI, a person is never eligible to seal or expunge a plea of No Contest or Guilty to that charge. That’s why it’s crucial to try to get a DUI reduced to Reckless Driving — a Judge can withhold adjudication as to Reckless Driving and then you may be eligible to seal the whole case. If you don’t, the DUI will be a permanent mark on your record. Contact Janet Johnson today, for your free consultation: 904-634-8991
See Jacksonville attorney Janet Johnson interviewed on TV regarding DUI cases:
DUI Successes Drunk Driving in Florida – DUI Attorney Janet Johnson
State of Florida vs N.B.
– The defendant was charged with a DUI, accused of registering a breath test of .205 (2 1/2 times the legal limit). After choosing a jury and having the trial, the judge granted my motion for judgment of acquittal and threw out the case after the State rested.
State of Florida v. D.O.:
Client observed by police hitting the curb and then crossing the center line on the roadway. She ran a stop light and made a right turn from the center lane. Police pull her over, at which time client was allegedly unable to roll down the automatic car window. After several attempts, she opens the truck door at which time the officer said he smelled a strong odor of alcohol coming from her breath. Client admits to having had two vodka and orange juice drinks. Client submitted to field sobriety exercises which the officer said she “failed” at which time she was arrested, transported to the jail and asked to submit to a breath test. The results were .151 and .152. Client was arrested and ultimately charged with D.U.I. and Possession of Drugs without a prescription as several prescription medications were recovered from her car upon her arrest. Client retained us and we chose not to plead guilty and to take our chances at trial. The counts were severed, or separated, and the first trial was on the D.U.I. We were able to catch the officer in multiple contradictions between what he had previously said under oath at the D.M.V. hearing and what he said on the stand. We also were able to impeach him with his own report as to what exercises were performed and how she did on those exercises. We also elicited, through the breath test maintenance witness that this machine was no longer in use at the time the case went to trial. The jury found the client not guilty as to the D.U.I., and the State chose to drop the Possession of Drugs without a Prescription charge after the Judge granted a Motion to Suppress the police officer’s testimony due to his credibility problems in the first trial.
State of Florida v. M.B.:
The client was on probation for D.U.I. in Duval County. Client is arrested for new D.U.I. in St. John’s County where he blew a .147 and .139 after having being involved in a traffic crash and for Possession of New Legend Drugs Without a Prescription in Duval County. A violation of Probation was issued. We set a D.M.V. hearing where we prevailed and got client’s license reinstated, won a Motion to Suppress the Breath Test Results and were able to plead to a reduced charge of Reckless Driving in St. John’s County and were able to admit the violation of probation whereby probation was reinstated and a new condition was added for client to submit to a drug and alcohol evaluation.
State of Florida v. M.S.B.:
The client was arrested after being involved in a one car traffic crash where his vehicle was overturned. A witness observed the crash, called the police and a D.U.I. unit ultimately responded. Post Miranda warnings, the client indicated to the police that he had consumed 4-5 beers. The client was arrested after performing field sobriety exercises, was transported to the Duval County Detention Facility where he blew a .143 and .141. The entire investigation was on videotape. We took the case to trial and argued, in closing argument, that due to the lapse of time between when client last drove and when the breath test was ultimately taken at the jail, over 2 hours later, the breath test results were not relevant. Additionally, we argued that due to the accident, it was unreasonable to expect the client to successfully perform the exercises and, instead of arresting him for D.U.I., they should have taken him to the hospital. The jury came back with a verdict of not guilty.
State of Florida v. T.H.:
The client was pulled over for supposedly swerving four times on each side, crossing the lane markers on the road. Client was pulled over, and the officer reported that he had bloodshot eyes, slurred speech and a strong odor of an alcoholic beverage. A D.U.I. officer was called and client was given field sobriety exercises after which the officer arrested client, transported him to the Duval County Detention Facility where he blew .244 and .244. However, at trial the breath test operator said the client only had a faint odor of alcohol on his breath and had no difficulty walking or talking. Additionally, during the trial, we presented testimony from the bartender who served client and said he was not impaired at the bar, where he ordered four martinis, and from his friend who was with him that night who also said he was not impaired, and from a scientist who said that, given how he performed on the exercises and what he drank the breath test machine, could not have been working properly. The jury found client not guilty.
State of Florida v. S.L.:
The client was pulled over for failing to maintain a single lane. The stopping officer allegedly detected a strong odor of alcohol on client’s breath, his eyes were red and watery, his face was allegedly flushed and speech slurred, and the officer observed an open 12 oz. can of Miller beer on the floorboard. The client performed one field sobriety exercise and then allegedly refused to continue. At that time he was arrested and transported to the Pre-Trial Detention Facility where he blew .152 and .152 in the breath test machine. At trial, we argued that due to the delay of two hours between the time of driving and the breath test, the results were not relevant and should not be considered by the jury. The jury found the client not guilty.
Statistics from the National Highway Traffic Safety Administration:
- Alcohol impairment among drivers involved in fatal crashes is about four times higher at night than during the day.
- More than 30% of drivers involved in fatal crashes on weekends are alcohol-impaired.
- 43% of 2009 motorcycle riders who died in crashes had a BAC of .08 or above.
- Challenges and Defenses II
Claims and responses to common challenges and defenses in driving while impaired cases
- Increasing Impaired-Driving Enforcement Visibility: Six Case Studies
Each case study includes discussion of the HVE program’s history, enforcement strategies, visibility elements, operation, resources, use of media, educational components, funding, support from political leaders and the community, barriers encountered, and strengths of the program.
- Cross-Examination For Prosecutors
This monograph was developed to assist prosecutors in understanding the basic goals, methods, and forms of cross-examination when dealing with all witnesses. In addition, the monograph provides guidance specific to expert witnesses.
- Digest of Impaired Driving and Selected Beverage Control Laws (26th Edition, 2011)
This digest reports the status of State laws that are concerned with impaired driving offenses and alcoholic beverage control. It is extensively footnoted and contains comprehensive information on critical impaired-driving laws for all 50 States, the District of Columbia, and Puerto Rico.
- State Blood Alcohol Concentration (BAC) Testing and Reporting for Drivers Involved in Fatal Crashes:Current Practices, Results, and Strategies, 1997-2009
This report documents current State blood alcohol concentration (BAC) testing and reporting practices and results for drivers involved in fatal crashes. It summarizes known BAC results by State for the years 1997 to 2009 for both fatally injured and surviving drivers.
Traffic Safety News
Contact our Jacksonville attorneys office now to see how drunk driving defense attorney Janet Johnson can help you with your DUI / DWI defense in Florida: 904-634-8991