DUI Defense

St. Johns County DUI Defense Attorneys

Aggressive Defense Strategies for St. Johns County DUI Cases

If you are facing a DUI charge in St. Johns County, it is crucial to have a skilled and experienced attorney on your side to protect your rights and fight for the best possible outcome.

If you have been charged with a DUI or other traffic violation, including felony DUI, DUI manslaughter, vehicular manslaughter, or DUI resulting in serious bodily injury, you face severe potential consequences.

  • If you face your second DUI charge and the first charge was over five years ago, you will also need to attend advanced DUI classes and pay for them.
  • If you face your second DUI and the first charge was less than five years ago, you could pay a minimum fine, spend at least 10 days in jail, and lose your license for five years, with no possibility of a hardship license for 1 year.
  • If you are charged with a third DUI within 10 years or a fourth DUI, you can face felony charges.
  • DUI manslaughter can result in up to 15 years in prison.

Our team of dedicated DUI defense attorneys at Shoemaker Law is committed to providing aggressive defense strategies to help you navigate the legal process and minimize the consequences of a DUI conviction. Contact us today at 904-736-3387 for a free consultation.

At Shoemaker Law, one of St. Augustine’s leading DUI, Driver’s License Suspension & Criminal Defense firms, our lawyers know that the client comes first. Your St. Augustine DUI lawyer will be a former Florida State prosecutor with intimate knowledge of the prosecution’s game plan to convict you. A St. Augustine & St. Johns County DUI lawyer is the only thing standing between you and the State Attorney’s Office locking you up in jail.

What Are the Immediate Steps After a DUI Arrest?

Enduring a DUI arrest can be an intimidating ordeal, but understanding the right course of action can significantly sway the direction of your case. First, it’s essential to stay composed and agreeable with law enforcement officers. Try not to make any comments that could later be exploited. After your release, secure the services of an experienced DUI defense lawyer immediately. At Shoemaker Law, we extend a no-cost consultation to review your case and evaluate your legal avenues. Bear in mind, timing is critical, particularly if you intend to challenge your license suspension within the stipulated 10 days.

What does the .08 standard mean?

The legal limit in Florida is .08. In Florida, the Intoxilyzer 8000 is the breath test machine approved and used by all law enforcement officers in the event they need to test a driver’s blood alcohol level. The machine can only be operated by a law enforcement officer certified to use it. This .08 limit is a standard adopted by the state and does not take into account an individual’s tolerance to alcohol and is therefore a poor indicator of whether the driver was impaired or not.

Can I Refuse a Breathalyzer?

Refusing a breathalyzer test during a DUI stop can have serious consequences in Florida. If you refuse to take the test, you face a mandatory 90-day period of “hard time” where you are ineligible for a hardship license. Beyond this, your license will be suspended for one year. Refusal also impacts plea negotiations—most deals offered by the prosecution will include stricter conditions, such as mandatory DUI school, community service, or extended probation periods. Additionally, your refusal can be used as evidence against you in court, complicating your defense strategy. While you have the right to refuse, it’s important to understand the broader implications of this decision and consult an experienced DUI attorney to navigate your case effectively. Being informed about your rights and the potential penalties can make a significant difference in your case’s outcome.

Can Breathalyzer Test Results be Disputed?

Yes, breathalyzer test results can be questioned in court. A variety of factors can influence the precision of these tests, such as incorrect calibration of the instrument, the officer’s mishandling of the test procedure, or certain medical conditions that might affect the outcomes. A proficient DUI attorney can examine these elements and decide if there are valid reasons to dispute the breathalyzer results. At Shoemaker Law, we possess the knowledge to meticulously examine every facet of your case to safeguard your rights.

How Should You Prepare for Your DUI Court Appearance?

Preparation for a court appearance is critical in a DUI case. Dress appropriately, arrive punctually, and show respect to the judge and court personnel. Your St. Johns County DUI defense lawyers will guide you on what to anticipate and how to answer questions. It’s critical to be truthful and succinct in your responses. At Shoemaker Law, we ensure our clients are well-equipped for court, instilling in them the confidence and knowledge required to effectively navigate the legal proceedings.

What Are the Penalties and Consequences of DUI Offenses in Florida?

First DUI

  • $500–$2,000 fine depending on blood alcohol level
  • Up to 6 months in jail; 9 months if blood/breath alcohol level .15 or higher, or minor children were in the car
  • Up to 1 year probation
    Mandatory 50 hours of community service & victim impact panel participation
  • Six-month license revocation for blood/breath alcohol level of .08 and above, 1 year if over .15
  • 10-day vehicle impoundment
  • Ignition interlock if the blood alcohol level is over .15

Second DUI

  • $1,000–$4,000 fine depending on blood alcohol level
  • Up to 9 months in jail; 1 year with BAL of .15 or higher, or minor children in the vehicle
  • If the second is convicted within 5 years of the first, mandatory 10-day jail
  • 30-day vehicle impoundment
  • Minimum license revocation of 6 months
  • Ignition interlock if blood alcohol is over .15
  • 5-year license revocation if convicted within 5 years of your first DUI offense
  • Possible jail time

Third DUI

  • $1,000–$2,000 fine; or fine of $2,000-$5,000 if convicted within 10 years
  • Up to 12 months in jail if conviction is more than 10 years
  • Minimum jail sentence of 30 days if convicted within 10 years
  • Felony DUI if within 10 years of prior conviction
  • 10-year license revocation if convicted within 10 years of second DUI offense; may apply for hardship reinstatement after two years
  • 90-day vehicle impoundment if within 10 years of first conviction

Fourth DUI

  • $2,000 fine (minimum)
  • Up to 5 years in prison, or as provided in $ 775.084, Florida Statutes as a habitual/violent offender
  • Mandatory permanent license revocation; no hardship reinstatement

Common DUI is a misdemeanor

  • First-time offenders face 6-9 months.
  • Multiple DUIs can lead to felonies.
  • DUI-causing injury can escalate.

Third DUI Within 10 Years or DUI with Injury

  • Third-degree felony
  • A fine of up to $5,000
  • Prison sentence of up to 5 years
  • Standard DUI penalties

DUI Manslaughter

  • Second-degree felony
  • A fine of up to $10,000
  • Prison sentence of up to 15 years
  • Lifetime license revocation

Is My License Suspended After the DUI Arrest?

Once arrested for DUI, your license is suspended, and the DUI traffic ticket serves as a temporary and limited-use 10-day driver’s license. Once the DUI traffic ticket is issued, the defendant has 10 days to request a DMV hearing to contest the circumstances of the arrest and license suspension.

For a standard .08-level DUI, there is a 30-day period of “hard time” before you can qualify for a hardship license. In the event you refuse the breathalyzer test, there is a 90-day period of “hard time” before you can qualify for a hardship license.

Without a hardship license, your license is suspended for 6 months when arrested for DUI with a breath test reading of .08 or above. This suspension is increased to a period of 1 year if you refuse to submit to a breath, blood, or urine test. In the event you have previously refused to submit to a breath, blood, or urine test, your license can be suspended for 18 months.

What Are the Longstanding Implications of a DUI Conviction?

A DUI conviction may have repercussions that extend beyond immediate penalties like fines and incarceration. It can lead to a surge in insurance rates, hinder obtaining certain professional licenses, and even pose difficulties in procuring housing. A DUI stays on your criminal record, which can be accessed by potential employers and other parties. Recognizing these long-term effects is vital, and collaborating with a competent attorney can help you tackle these challenges and explore ways to mitigate their influence.

How Does a DUI Impact Your Job Prospects?

A DUI conviction can extend beyond legal repercussions, potentially affecting your employment opportunities. Many employers carry out background checks, and a DUI can raise concerns. Professions that demand a commercial driver’s license or are related to public safety may have stringent rules against hiring individuals with DUI records. Also, if your job involves driving, a suspended license could risk your employment status. Consult with your lawyer about these potential implications to devise the best ways to minimize them.

Can DUI Charges be Diminished?

In some instances, it might be feasible to negotiate a downgrade of DUI charges to a lesser offense, such as reckless driving. This process typically involves plea bargaining and hinges on the specifics of your case, like your previous record and the circumstances surrounding your arrest. A decrease in charges can considerably reduce the penalties you confront and the lasting impact on your life. At Shoemaker Law, we are dedicated to probing all possible routes to secure the most favorable result for our clients.

What Significance Does Evidence Hold in a DUI Case?

Evidence plays a pivotal role in any DUI case. This includes the outcomes of field sobriety tests, breathalyzer or blood test results, and any video footage from the arrest. The prosecution needs to establish beyond a shadow of a doubt that you were under the influence while driving. A seasoned DUI attorney will scrupulously review all evidence, searching for inconsistencies or procedural errors that could undermine the prosecution’s case. By questioning the credibility of the evidence, your attorney can construct a robust defense on your behalf.

Can I Remove DUI Charges and a License Suspension?

Those arrested for DUI are often concerned about the future consequences of having a DUI on their record. In some cases, DUIs can be sealed or expunged. While different in theory, sealing or expunging a DUI both have the same effect of removing any trace of the charge from the court record.

In the event your case ends with a DUI conviction, it cannot be sealed or expunged. Consult immediately with our DUI lawyer to get the best possible results in your case.

How Can an Attorney Help Your Case?

St. Augustine is a tourist town where situations can occasionally get out of hand, and the next thing you know, you’ve been arrested for a DUI. Of course, what makes it worse is when you need to be back to work in your hometown on Monday morning.

If you were apprehended for a DUI while visiting St. Augustine or St. Johns County, managing the legal process from a distance can be demanding. At Shoemaker Law, we provide comprehensive support to out-of-state clients, including the feasibility of resolving misdemeanor DUI charges without mandating your return to Florida. Our team will keep you informed throughout the process and work relentlessly to safeguard your rights and interests, thereby allowing you to concentrate on your responsibilities at home.

Why Should You Choose Shoemaker Law for Your DUI Defense?

At Shoemaker Law, we take pride in delivering tailored and effective legal representation for individuals facing DUI charges in St. Johns County. Our team is committed to understanding the unique circumstances of each case and developing a defense strategy that aligns with our clients’ objectives. With a history of successful outcomes and a thorough understanding of Florida DUI laws, we are equipped to handle even the most complicated cases. Contact us at 904-736-3387 to schedule your free consultation and take the first step toward securing your future.