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Driving Under the Influence

Board-Certified Criminal Trial Attorney Travis Mydock is experienced in all aspects of defending your DUI case, including issues related to the initial stop and arrest, field sobriety exercises, refusals to submit, breath tests on the Intoxilyzer 8000, DMV administrative formal review hearings, and jury trials. 

As a top-rated DUI defense lawyer, Mr. Mydock has handled every type of case including:

DUI 1st offense 

DUI 2nd offense inside of 5 years

DUI 2nd offense outside of 5 years

DUI 3rd offense within 10 years

DUI 3rd offense outside 10 years

DUI 4th offense or more

DUI serious bodily injury

DUI manslaughter

DUI with property damage

DUI with a minor child occupant

DUI with a breath test over .15

DUI with urine or blood testing

DUI with a refusal or prior refusal to submit to testing

DUI on drugs or alcohol

BUI / Boating Under the Influence

Driving Under the Influence is a serious criminal traffic offense in Florida. The minimum mandatory penalties for a conviction are more severe than many felony cases. Always consult with an experienced DUI defense attorney if you have been arrested in Saint Augustine, Florida. Call 904-864-3002 for a free consultation with Travis Mydock, DUI defense attorney in Saint Johns County.

YOU HAVE ONLY 10 DAYS TO ACT IN RESPONSE TO THE NOTICE OF SUSPENSION

Do not delay in contacting a DUI defense attorney. You have only 10 calendar days to: (A) demand a DMV formal review hearing to challenge the administrative suspension of your driver license; or if this is a first suspension, (B) waive a DMV formal review hearing and avoid the hard penalty (no driving for 30 or 90 days).

The administrative suspension for a DUI arrest is as follows:

1.  First offense

a. Breath test = 6 month suspension with 30 days hard time 

b. Refusal = 12 month suspension with 90 days hard time 

c. Opt out of hearing and avoid hard time.

2.  Second offense 

a.  Breath test

1.  If first offense was a refusal, 6 month suspension [s. 322.2615 (8)(b)) 

with 30 days hard time s. 322.2615(10)(b)].

2.  If first offense was a breath test, 12 month suspension

[s.322.2615(8)(b)) with 30 days hard time (s. 322.2615(10)(b)].

b.  Refusal 

1. If first offense was breath test, 12 month suspension with 90 days

  hard time [s. 322.2615(10)(a) ]

2.  If first offense was refusal, 18 month suspension [322.2615(8)(a)) 

with18 months of hard time. (s. 322.271(2)(a)]

3.  Third and subsequent offenses (if convicted of first two DUI charges)

a.  Breath test – No restricted license even if first breath test [s. 322.271(2)(a)]

b.  Refusal 

1.  If all prior offenses were breath test, 12 month suspension with 12 

months hard time. [s. 322.271(2)(a)]

2.  If any prior offense was refusal, 18 month suspension with 18 month 

hard time. [s. 322.271(2)(a)]

If this is your first arrest for DUI, the process to waive the DMV formal review hearing and qualify for a hardship license restricted to “business purposes only” requires several steps that will take a full day to complete. See our blog post for more information. Do not delay in this process. However, always first consult with a DUI defense attorney before waiving or demanding a DMV formal review hearing. 

If you have a prior DUI arrest, no matter how many years ago it was, you likely will not qualify for the waiver processand will likely have to demand a formal review hearing. 

FLORIDA DUI LAW: OVER 0.08 OR NORMAL FACULTIES IMPAIRED

In Florida, a person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within the state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. Fla. Stat.

§ 316.1934(1)

“Impaired” means diminished in some material respect. Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001).

Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.

Serious bodily injury means a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Fla. Stat. § 316.1933

STATUTORY PRESUMPTIONS OF IMPAIRMENT

See Florida Statute § 316.1934 (Presumption of impairment; testing methods.)

If there was at that time a blood-alcohol level or breath-alcohol level of 0.05 or less, it is presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

If there was at that time a blood-alcohol level or breath-alcohol level in excess of 0.05 but less than 0.08, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

 If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Moreover, such person who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an unlawful blood-alcohol level or breath-alcohol level.

The presumptions provided in this subsection do not limit the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

PENALTIES FOR A DUI CONVICTION

Penalties for a DUI conviction can vary based on several factors. Always consult with an experience criminal defense attorney if you have been arrested for DUI. Travis Mydock is a specialist in DUI defense with experience in all types of DUI cases. Call now for a free consultation about your DUI case in Saint Augustine, Florida. (904) 864-3002.

MINIMUM MANDATORY PENALTIES FOR FIRST OFFENSE DUI WITH REFUSAL OR 0.08 – 0.149

Penalties can vary. Enhancements may apply if prior arrests, crash with property damage or injury to another, if a minor child is in the vehicle, and breath alcohol level was 0.15 or more.

  • See generally F.S. 316.193(1)
  • Mandatory adjudication of guilt [316.656(1) / Traffic Court Rule 6.290]
  • Mandatory fine of not less than $500 or more than $1,000 (+ 5% surcharge) [316.193(2)(a)1.a.]
  • Maximum imprisonment not more than 6 months [316.193(2)(a)2.a.]
  • Discretionary placement of ignition interlock device for at least 6 months (316.193(2)(c)]
  • Mandatory completion of the Alcohol Safety Education Course (Level 1) [316.193(5)]
  • Mandatory probation, no more than 12 months [316.193(6)(a)]
  • Mandatory minimum 50 hours community service [316.193(6)(a)]
  • Mandatory vehicle immobilization for 10 days [316.193(6)(a)]
  • Mandatory driver license revocation for 6 to 12 months [322.28(2)(a)1.]
  • Mothers Against Drunk Driving – Victim Impact Panel
  • No driving without a valid license
  • No alcohol, illegal drugs, or bars + random drug and alcohol tests
  • Mandatory court costs for misdemeanor DUI ($223 + $183)
  • Cost of prosecution $50
  • Cost of investigation $50
  • Cost of supervision $50 (per month)

We handle all types of DUI cases. Call (904) 864-3002 for a free consultation regarding your Saint Augustine DUI arrest.

DISCLAIMER: This website is for informational purposes only and does not constitute legal advice. Always consult with an experienced criminal defense attorney about your case. Review of this website does not create an attorney client relationship

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