What to Expect After a DUI Arrest in St. Augustine

What Is Considered a DUI in Florida?

DUI, which stands for driving under the influence, is the legal term that refers to someone being impaired in some way and unable to drive safely. Many people correctly associate a DUI with having alcohol involved, but other substances can lead to DUI charges.

• Illegal drugs. 
• Prescription drugs. Even when legally prescribed, some medications carry warnings that they can cause sleepiness or other conditions that make it unsafe to drive.
• Over-the-counter medications. As with prescription drugs, some over-the-counter meds can make it difficult to drive safely.

Even if the substance you were using was legal (prescription or over the counter), if it impairs your driving, you may be charged with DUI.

What Are Some Circumstances That Can Lead to More Severe Consequences if I’m Convicted of a DUI?

There are several.

• Minor in the vehicle. If you’re arrested for DUI and are driving with a minor in the vehicle, that can increase the severity of the charges and consequences.
• BAC reading. Consequences could be harsher when someone’s BAC is twice or more than the legal limit (the minimum is .08 percent, so twice that is at least .15 percent).
• Damage. This means that the driver wasn’t just driving erratically and was pulled over because of it, but because they caused an accident, an injury to themselves or someone else, or a death, any of which could be attributed to driving under the influence. 

What Happens When Someone Is Arrested for DUI in St. Augustine?

The outcomes of a DUI arrest have many variables, so the answer to this question depends on what factors are involved in a specific case. However, some common outcomes are vital to be aware of, ranging from having to pay fines to spending time in jail to losing your driver’s license to having your auto insurance premiums increase. How severe any of these consequences can be depends on whether this was a first offense, the level of blood alcohol content (BAC), and other circumstances.

• First offense. Someone with no previous criminal history (DUI or other criminal conviction) and no other mitigating circumstances (see above) could be ordered to pay a minimum $500 fine, lose their license for six months, be on probation for up to a year, and spend up to six months in jail.
• Second or third offenses. Conviction of these could result in fines of up to $4,000, a mandatory minimum jail time of 10 days that could last up to one year, and a license suspension of up to 10 years. 
• Fourth or more offenses. These are third-degree felonies and could result in you being labeled a habitual offender. Your license could be suspended for at least five years or even permanently, along with harsh fines and potential jail terms.

In addition to these consequences, a DUI conviction may result in other consequences, including the inability to buy a firearm, apply for a passport or certain professional licenses, attain rental housing, work with children, get a job, or get a governmental student loan for college.

Can I Legally Refuse to Take a BAC Test?

This is complicated. Florida has an implied consent law for DUI breathalyzer tests. That means that by carrying a driver’s license, you’ve already agreed to a breath test before even being asked.

However, that doesn’t mean you have no choice. If you know or suspect you’re over the legal limit, refusing may be a good idea. (If you haven’t been drinking or had very little and are confident you’re under the legal limit, you should consider agreeing to the test to end the arrest and charges.) You’ll likely be told that refusing will cause you to have your driver’s license suspended immediately. But the police probably won’t mention that if this is your first offense, you could likely be eligible for what’s called a hardship license. That’s a limited driver’s license that allows you to drive for specific reasons only, such as to go to work, school, or healthcare appointments.

That means you may be able to drive to the necessary places.

What Are Some Possible Defenses to Being Charged with DUI?

Because the consequences can be severe and numerous factors may be involved in the charges, it’s highly advisable to work with an experienced DUI attorney who can build a defense based on your specific case. 

There’s not just one solution for every case. A few potential defenses include:

• Constitutional or legal rights violation. If the arresting officer didn’t read your Miranda rights, your rights may have been violated, and the arrest may not have been legitimate. The officer may not have probable cause to pull you over, which could lead to any evidence from the arrest being inadmissible in court. 
• Unreliable tests. Field sobriety and breathalyzer tests may not be accurate for various reasons.
• Medical conditions. Some medical conditions mimic the symptoms of being under the influence when, in fact, the driver is fine. 

What Should I Do if I Was Arrested for DUI in St. Augustine?

Call Shoemaker Law at 904-736-3387 to schedule a free consultation. The consequences of a DUI conviction in Florida can be severe. Our team of experienced, knowledgeable DUI and criminal defense attorneys can help you understand what your legal options are. We understand how stressful this is for you and will work with you to achieve what might be the best possible outcome.