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What Your DUI Attorney Wants You to Know About Court

Thu, 09 Apr 2026 12:56:57 GMT

Navigating the court process after a DUI arrest in St. Johns County, FL, can feel overwhelming, but at Epstein & Robbins, our expertise as DUI attorneys offers clarity and guidance for your first appearance and beyond. If you are facing charges at the Richard O. Watson Judicial Center in St. Augustine, our team helps demystify what happens next, why having a DUI attorney matters, and what steps might be available to you. By understanding each stage and knowing your options, you can approach your case with confidence and a clear strategy.

DUI Court Process in St. Johns County: What to Expect

When you are charged with a DUI in St. Johns County, the court process typically begins with a notice to appear or a physical arrest. At Epstein & Robbins, we always advise clients to understand the procedural steps at the Richard O. Watson Judicial Center in St. Augustine. The first appearance is known as an arraignment, where the charges are formally read and you enter a plea. Many clients are surprised that initial hearings focus more on procedural matters than arguments.

Having a DUI attorney present ensures your rights are protected from the very beginning. During arraignment, our role is to evaluate the state's evidence, advise you on plea options, and begin negotiations if applicable. We make sure you know if you qualify for a diversion program or “pre-trial intervention" (PTI), especially if this is your first offense.

Arraignment, Pre-trial, and Notice to Appear

At the first court appearance, charges are confirmed and bail may be addressed. Some individuals receive a “Notice to Appear,” allowing them to avoid jail immediately after an arrest and instead return for arraignment. After arraignment comes the pre-trial phase, where your DUI lawyer works to file discovery motions and challenge evidence. This stage is vital for negotiating with the State Attorney’s Office for the 7th Judicial Circuit.

The importance of legal counsel cannot be overstated. Our attorneys attend every hearing, file motions regarding probable cause or evidence suppression, and communicate with the State Attorney’s Office to seek alternatives. If a diversion option like PTI is available, we highlight your eligibility and explain the program’s requirements and benefits.

For detailed information on DUI cases specific to St. Johns County, visit our DUI page .

Diversion Programs and Pre-trial Intervention: Pathways for First-Time Offenders

One of the most common concerns we address is whether a first-time offender can avoid a permanent conviction. In St. Johns County, local diversion programs and PTI offer a route away from the harsh consequences of conviction. With PTI, qualifying individuals may complete educational and community requirements, then see their charges reduced or dismissed.

Our DUI attorneys negotiate directly with the State Attorney’s Office to secure PTI participation when it’s possible. We present mitigating circumstances and demonstrate our clients’ commitment to rehabilitation, improving the chances of acceptance. PTI is not guaranteed, but our experience in the St. Augustine court system enables us to pursue every opportunity.

Navigating these programs requires a full understanding of eligibility criteria, paperwork, and timing. We guide clients step-by-step, ensuring compliance with court and program mandates so a successful outcome is achievable. It is our priority to position you favorably, advocating for alternatives that protect your future.

DUI Defense Strategies and Communication

Every DUI case is unique. At Epstein & Robbins, we review all facets: the traffic stop, breathalyzer test procedures, and arrest protocols. We check if proper legal standards were met and whether any evidence was compromised. Our role as your DUI attorney does not end at court appearances; we handle communications with police, prosecutors, and court personnel, ensuring transparency and responsiveness throughout the process.

We emphasize the importance of honest, open dialogue with legal counsel. Clients are encouraged to share all relevant details and ask questions about the court process. Preparation for each hearing matters, and our DUI lawyers ensure you have all necessary information before stepping into the Richard O. Watson Judicial Center.

Follow-Up and Quality Control: Our Commitment

After your case concludes, our service continues with post-case follow-up. We assist with any paperwork or requirements stemming from court orders or PTI completion. Quality control is an ongoing part of our commitment, and we ensure clients understand their rights regarding record expungement or further legal needs. We value clear communication and keep you informed regarding each step for peace of mind.

Operating in the St. Johns County area, Epstein & Robbins remain committed to diligent, effective representation for anyone facing DUI charges. Our local knowledge and courtroom experience make a difference throughout every stage.

Ready for Guidance? Call Us Today

Facing DUI charges can be daunting, but with our assistance, you do not have to face the process alone. Whether it’s your first appearance or you’re pursuing pre-trial intervention, Epstein & Robbins provides the support and clarity you need. If you have questions about your specific case or want to schedule a consultation, call us at 904-354-5645 or visit our contact page to get started. Serving St. Johns County, our experienced DUI lawyers are here to help you move forward.

When to Hire a DUI Lawyer for Felony DUI Charges

Thu, 09 Apr 2026 12:40:19 GMT

If you’re facing a serious charge like felony DUI in St. Johns County, FL, understanding your rights and legal options is crucial. At Epstein & Robbins, we know how overwhelming it feels when your future, license, and freedom are on the line. A skilled DUI lawyer in St. Johns County can make the difference between harsh penalties and a possible path forward—especially if this isn’t your first offense. If you or a loved one is charged with a third or subsequent DUI, or a DUI involving serious bodily injury, the consequences in Florida rise to a whole new level, and you must act swiftly and decisively.

When Does a DUI Become a Felony in Florida?

Anyone charged with DUI in Florida faces tough consequences, but felony DUI takes the stakes significantly higher. As experienced DUI lawyers and DUI attorneys providing services in St. Johns County, we regularly answer the critical question: When does a DUI become a felony in Florida? By 2026, according to Florida law, a DUI offense escalates to a felony under these conditions:

Third DUI conviction within 10 years: If you receive a third DUI conviction within a decade, you’ll be facing felony charges.
Fourth DUI conviction (regardless of time): Four DUIs in your lifetime, even if decades pass between them, means a felony.
Any DUI involving serious bodily injury: When a crash results in serious injury, it’s immediately a felony based on the harm, not your record.
DUI Manslaughter (“Trenton’s Law” Impact): If DUI results in a death, current laws (including Trenton’s Law) double the penalties for repeat DUI manslaughter convictions.

A DUI lawyer in St. Johns County can walk you through these distinctions and clarify whether your case involves a misdemeanor or a felony charge. A dedicated DUI attorney doesn’t just explain the risks—they develop strategies to protect your rights.

The Impact of a Felony DUI Conviction

Felony DUI charges in Florida bring l ife-changing penalties. With three or more DUIs, courts treat your offense as a pattern, not a mistake. This means:

Mandatory jail time: Felony DUIs come with longer and mandatory sentences.
Hefty fines: Expect thousands of dollars, not hundreds.
Permanent criminal record: A felony record cannot be expunged.
Felony status: This affects jobs, housing, voting, and firearm rights.
10-Year License Revocation: Third DUI convictions within ten years carry an automatic, mandatory ten-year license revocation.

Having a DUI lawyer in St. Johns County becomes critical under these circumstances. As DUI attorneys operating in the St. Johns County area, we know every case detail matters. We review police procedures, prior convictions, and accident reports for any errors or opportunities in your defense.

To understand more about how these penalties may apply to you, visit our DUI Defense for St. Johns County page .

The 10-Year Revocation Rule: Why You Need a DUI Lawyer

One of the toughest consequ ences for repeat DUI offenders is the 10-year driver’s license revocation. If you are convicted of a third DUI within ten years, Florida law requires your license to be revoked for a decade, with only limited opportunity for partial reinstatement. This means:

No driving: For the first two years, you cannot legally drive at all.
Hardship license: After two years, you may be eligible for hardship reinstatement—but only if you meet strict requirements and don’t face other disqualifying offenses.
Limited opportunities: Without a knowledgeable DUI attorney, it’s easy to miss crucial deadlines or requirements.

As DUI lawyers in St. Johns County, we help you navigate applications, hearings, and strict procedural guidelines to maximize your chance of limited driving privileges as soon as possible. We work tirelessly to challenge the license revocation where possible, often finding issues in the evidence that could change the outcome.

Consequences for Third-Time Offenders and Bodily Injury Cases

Repeat offenders and cases involving serious bodily injury face uniquely high stakes. Laws enacted in recent years have targeted drivers seen as repeat risks on the road. As DUI attorneys operating in St. Johns County, we see the courts impose:

Strict sentencing guidelines: Judges have less flexibility for plea deals.
Restitution and damages: Victims’ injuries increase civil and criminal liabilities.
Long-term monitoring: Probation and alcohol monitoring are common for years after jail time.

We advocate for clients at every turn, from pretrial hearings to negotiations and trial. Our role as your DUI lawyer goes beyond legal advice—we are strategic partners working to secure the best possible future.

Why a DUI Attorney Can Change Your Outcome

As DUI attorneys serving St. Johns County, our experience is rooted in decades of defense work. We investigate every factor that can lead to the dismissal or reduction of charges:

Challenging prior DUI convictions: It’s possible your earlier DUIs may not hold up if records are incomplete or if you were inadequately represented before.
Assessing police conduct: Procedural errors, improper stops, or mishandling of evidence can be grounds for dismissal.
Negotiating with prosecutors: We work to minimize charges and penalties, seeking alternatives like treatment programs where appropriate.

If your DUI caused serious injury or if you’re worried about the 10-year revocation, prompt legal counsel can mean the difference between a felony conviction and a more hopeful outcome.

How to Take Action With a DUI Lawyer in St. Johns County, FL

If you’re facing felony DUI charges, it’s vital to work with a DUI lawyer experienced in the local courts. At Epstein & Robbins, we are ready to review your case, fight your charges, and help you reclaim your future. Don’t navigate these high-stakes situations alone. Contact us today or call 904-354-5645 to schedule a consultation with a proven DUI attorney in St. Johns County, FL—your future is too important to risk.

Defense Strategy From a DUI Lawyer for Field Sobriety Tests

Mon, 03 Nov 2025 16:39:00 GMT

Facing a DUI charge can be overwhelming, especially when field sobriety tests are used as evidence against you. As a DUI lawyer serving Nassau County, FL, Epstein & Robbins frequently helps residents navigate the tricky terrain of DUI charges by scrutinizing the evidence gathered during roadside stops. Understanding how to challenge field sobriety tests is crucial for building your defense and may even make the difference between conviction and acquittal. This article is designed to inform residents about how and why these tests can be questioned in court, and how Epstein & Robbins stands by your side every step of the way.

Understanding Florida’s Field Sobriety Tests

Law enforcement in Nassau County, FL, commonly uses field sobriety tests (FSTs) during traffic stops to establish probable cause for a DUI arrest. These assessments, when administered, can significantly impact the trajectory of your case. A DUI lawyer knows that the validity of these tests is rarely as ironclad as prosecutors claim. The three main tests standardized by the National Highway Traffic Safety Administration (NHTSA) are the Horizontal Gaze Nystagmus (HGN), the Walk and Turn, and the One Leg Stand. Each is designed to help police identify impairment, but a closer look reveals that their reliability can be questionable, and an adept defense can capitalize on these shortcomings.

Standardization Issues: No Two Roads (or Bodies) Are the Same

The effectiveness of FSTs depends heavily on standardization, but real-life conditions in Nassau County, FL, often fall short of the controlled environments in which these tests were developed and studied. For example, the Walk and Turn and One Leg Stand require flat, dry, and non-slippery surfaces—conditions that may not always be present on roadsides. Furthermore, nuances like roadside lighting, traffic distractions, weather, and uneven pavement can compromise test results, making it vital for your DUI lawyer to investigate the circumstances under which these assessments were administered.
Equally important are individual differences among drivers. Age, weight, footwear, and medical conditions such as vertigo, arthritis, or neurological disorders can all impact test performance. Even anxiety or fatigue can play a role. The implication? Sobriety test results can mistakenly indicate impairment where none exists. A strategic defense from Epstein & Robbins scrutinizes every detail surrounding your roadside encounter to cast doubt on field test conclusions.

Horizontal Gaze Nystagmus: The Eye Test That Isn’t Foolproof

The HGN test seeks to detect involuntary eye movement, which officers claim is present when a person is under the influence. However, several medical and natural causes—like fatigue, eye strain, or certain medications—can produce similar eye movements. Sometimes, an officer’s training or technique may also be in question, potentially leading to inaccurate observations or results. A qualified DUI lawyer serving Nassau County, FL, from Epstein & Robbins can cross-examine law enforcement on these issues, often revealing enough uncertainty to weaken the prosecution's case.

Walk and Turn & One Leg Stand: More Than Just Balance

Both the Walk and Turn and the One Leg Stand are used by officers to detect impairment through divided attention tasks—physical balance combined with mental instructions. But how reliable are these measures for someone who is naturally uncoordinated or nervous under the scrutiny of flashing blue lights? The reality is, roadside conditions in Nassau County, FL, can present physical challenges that have nothing to do with intoxication. Shoes, injuries, and even the presence of gravel or potholes can all skew these results.
Epstein & Robbins frequently highlights these standardization issues. By bringing into question environmental, physical, and instructional inconsistencies, your DUI lawyer is often able to erode the reliability of the evidence being leveled against you.

Medical and Physical Conditions: Are FSTs Fair to Everyone?

For many residents of Nassau County, FL, underlying health issues make it virtually impossible to pass field sobriety tests—regardless of sobriety. Conditions such as inner ear disturbances, leg or back injuries, and neurological conditions can all lead to “failed” tests. Diabetes, which can cause hypoglycemia and affect motor skills, is another factor that can create misleading appearances.
When cross-examining the arresting officer and cross-referencing your medical records, your DUI lawyer can demonstrate that these physical performances were not truly indicative of impairment but rather a reflection of health limitations. Recognizing and documenting these issues can be a pivotal element in your case.

Unique Lighting, Surfaces, and Environmental Factors

Picture this: You’re pulled over along a dimly lit rural route or on a stretch of Amelia Island Parkway. The surface is uneven, cars are speeding by, and the nearest light source is your own headlights. These aren’t ideal testing conditions—yet they're real situations in Nassau County, FL.
Epstein & Robbins knows that most roadside FSTs in Nassau County, FL, take place amid distracting, unpredictable, and less than optimal conditions. As a result, your ability to perform these tests can be dramatically reduced, regardless of sobriety. It's critical for your DUI lawyer to bring these context factors to light in court, challenging the prosecution’s narrative and exposing reasonable doubt.

Implied Consent in Florida: Know Your Rights

Under Florida law, driving is considered a privilege, not a right. This “implied consent” means that if you are lawfully arrested by an officer who has probable cause to believe you are driving under the influence, you are deemed to have consented to chemical testing (breath, blood, or urine).
Here’s what many Nassau County, FL, drivers don't realize: Field sobriety tests are not required under Florida’s implied consent law. Participation is entirely voluntary. Officers often don’t clarify that you have the right to decline these tests. However, refusing FSTs carries no direct administrative penalty—unlike refusing a breathalyzer, which can result in your license being suspended. This distinction is important, and your DUI lawyer can use an officer’s failure to inform you of these rights to craft a stronger defense.
Meanwhile, refusing a chemical test (such as a breath or blood test) after arrest does trigger automatic penalties, including license suspension. But the results from FSTs are subjective, open to challenge, and, in many cases, the weakest link in the prosecution’s evidence chain.

Building a Solid Defense With Epstein & Robbins

Challenging DUI field sobriety tests isn’t just about poking holes in law enforcement’s case—it’s about raising doubts that make it impossible to convict you “beyond a reasonable doubt.” Epstein & Robbins, as a leading DUI lawyer, is adept at investigating every angle:

Did the officer properly instruct and observe you during each test?
Were there environmental or health factors influencing the results?
Did the officer inform you that participation in FSTs is voluntary?
Are there inconsistencies in the police report or video evidence?

By leveraging these strategies, clients in Nassau County, FL, and Fernandina, FL , have seen reduced charges, dismissals, or acquittals, even when chemical test results exist. The power to challenge your field sobriety test is a powerful legal shield that should never be overlooked .

When to Reach Out to a DUI Attorney

If you’ve been arrested for DUI in Nassau County, FL, the sooner you act, the better your chances. Collect every piece of documentation you received, write down your recollection of the traffic stop, and avoid discussing your case with anyone except your DUI lawyer. Prompt legal action allows your defense team, like those at Epstein & Robbins, to scrutinize physical evidence, request roadside footage, and build a sound legal strategy tailored to your circumstances.
A DUI attorney can also investigate whether your rights were respected throughout the process, including whether you were advised of your right to refuse FSTs or if your medical conditions were properly considered. Obtaining legal guidance early in your case gives you the highest chance for a fair outcome.

Contact a DUI Lawyer at Epstein & Robbins Now

If you or a loved one is contending with a DUI arrest, don’t let questionable field sobriety tests determine your future. Epstein & Robbins, a seasoned DUI lawyer serving Nassau County, FL, knows how to challenge these tests and will stand with you throughout every stage of the legal process. Protect your rights, challenge the evidence, and increase your chances of a favorable outcome. Call Epstein & Robbins today at (904) 354-5645 to schedule your confidential consultation. Your defense starts now—don't wait to secure your future.

Protecting Your Professional License With a DUI Attorney

Fri, 26 Sep 2025 10:07:00 GMT

If you're a licensed professional facing DUI charges, the stakes go far beyond fines or a night in jail. Your entire career could be on the line. A DUI conviction in Florida can result in serious repercussions, including disciplinary action or even revocation of your professional license. Whether you're a nurse, teacher, realtor, or commercial driver, the risk is real and immediate. That’s why hiring a DUI attorney in St. Johns County, FL, like those at Epstein & Robbins, is critical. This article explores how DUI charges can affect professional licenses and how an experienced DUI lawyer in St. Johns County, FL, can defend your future.

The Hidden Consequences of a DUI for Licensed Professionals

When facing a DUI, most people worry about jail time, court fines, or losing their driver’s license. But for professionals who rely on occupational licenses, the risks go much deeper—and are often overlooked. A DUI conviction, even a first offense, can put your entire career at risk due to mandatory reporting requirements and disciplinary action from licensing boards. Many industries require license holders to report criminal charges, including:

Medical Professionals : Nurses, doctors, and pharmacists may be investigated by boards like the Florida Board of Nursing or the Florida Board of Medicine. Sanctions may include license suspension, probation, or mandatory substance abuse treatment.
Real Estate Agents : The Florida Real Estate Commission demands disclosure of DUIs and may revoke or suspend licenses if they believe the conviction reflects poorly on the agent's trustworthiness.
Commercial Drivers (CDL Holders) : A single DUI can mean disqualification from driving commercially—sometimes permanently—effectively ending a transportation career.
Educators and Childcare Workers : A DUI could prompt an investigation by the Florida Department of Education, threatening employment and certification.
Attorneys, Engineers, and Other Licensed Professionals : Many boards require immediate notification and may impose fines, probationary periods, or even revocation.

Adding to the stress, these administrative proceedings often take place separately from the criminal case, meaning you must defend your livelihood on two fronts. That’s why it’s crucial to have a DUI attorney in St. Johns County, FL, who understands both the legal and professional impacts of a DUI—and can fight to protect your license as well as your future.

Taking Immediate Action After a DUI Arrest: What Professionals Should Do

Time is critical after a DUI arrest, especially for licensed professionals. The steps you take in the first few days can significantly impact the outcome of both your legal case and your licensing status. While your first instinct might be panic, swift, strategic action can help preserve your career and professional reputation. Here’s what you should do right away:

Consult a DUI attorney in St. Johns County, FL, immediately : Before speaking with your employer or licensing board, contact an experienced DUI lawyer. They can guide you on when and how to report the incident and begin building a defense strategy tailored to your profession.
Avoid self-reporting without legal guidance : Many professionals rush to self-report a DUI to their licensing board, but doing so without legal counsel can lead to missteps. Your DUI attorney can review the specific reporting requirements and ensure you’re presenting the most accurate, favorable information.
Document everything : Keep detailed records of the arrest, any interaction with law enforcement, and any communication from your licensing board or employer. This documentation can be critical during hearings or negotiations.
Consider proactive steps : In some cases, voluntarily enrolling in an alcohol education course or treatment program early on can demonstrate accountability and may help mitigate disciplinary actions. A DUI lawyer in St. Johns County, FL, can advise whether this will benefit your case.

Taking these actions early can not only strengthen your defense but also show your licensing board that you are taking the situation seriously and responsibly. With the help of a knowledgeable DUI attorney in St. Johns County, FL, you’ll be better prepared to protect both your freedom and your professional future.

Safeguarding Your License and Career After a DUI

A DUI charge doesn’t automatically mean the end of your career. Many professionals go on to continue their work after a DUI, especially when they’ve had strong legal representation. Here’s how a DUI lawyer in St. Johns County, FL , can help you stay on track:

Challenging the Charges

Every DUI case has nuances. Maybe the traffic stop was unlawful. Perhaps the breathalyzer was inaccurate. A skilled DUI attorney in St. Johns County, FL, knows how to dig into the details and challenge the evidence against you, which can lead to reduced charges or even a dismissal.

Navigating Administrative Proceedings

In addition to court appearances, professionals may face hearings with their licensing board. These are often intimidating and can feel foreign, especially if you’re unfamiliar with administrative law. A DUI lawyer in St. Johns County, FL, can represent you during these proceedings, present mitigating evidence, and argue that your license should remain intact.

Negotiating Plea Deals

In some cases, avoiding a DUI conviction altogether isn’t possible. That’s when a plea deal might be the best option. A good DUI attorney in St. Johns County, FL, can work to secure a plea to a lesser offense—like reckless driving—which may carry less weight with professional licensing boards.

Don’t Let a DUI Derail Your Future

Whether you're a nurse, realtor, teacher, or commercial driver, a DUI doesn’t have to be the end of your professional journey. The team at Epstein & Robbins understands the unique pressures licensed professionals face and has the experience to help you navigate both the courtroom and your licensing board. Contact a trusted DUI attorney in St. Johns County, FL, today to get started on your defense.

DUI Penalties in Neptune Beach, FL: Can a DUI Ruin Your Record?

Thu, 12 Jun 2025 00:13:00 GMT

Driving under the influence is a serious offense in Florida, and understanding the legal consequences is crucial. If you are facing DUI charges, consulting a DUI lawyer in Neptune Beach, FL, can be your best defense. Florida has strict DUI laws that impose severe penalties, even for first-time offenders. Knowing what to expect can help you make informed decisions and protect your future.

Florida DUI Laws: What You Need to Know

Florida law defines DUI as operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. However, penalties vary based on prior offenses, BAC level, and circumstances such as accidents or injuries. Here’s a breakdown of what you could face in Neptune Beach:

First Offense: Up to 6 months in jail, fines, license suspension for up to a year, and mandatory DUI school.
Second Offense: Jail time up to 9 months, fines, a five-year license suspension, and an ignition interlock device (IID) requirement.
Third Offense (within 10 years): A felony charge , 5 years in prison, fines, and an extended license revocation .
Fourth Offense or More: Permanent license revocation, substantial fines, and potential state prison sentences.

Additional factors, such as DUI with minors in the vehicle or causing bodily harm, can lead to enhanced penalties. A skilled DUI attorney in Neptune Beach, FL, can help navigate these complexities.

How a DUI Affects Your Record

A DUI conviction doesn’t just lead to immediate penalties—it can have long-term consequences that affect your future. Here’s how:

Criminal Record: A DUI stays on your record for 75 years in Florida, impacting job prospects and background checks.
Higher Insurance Rates: Florida requires DUI offenders to obtain FR-44 insurance , which comes with significantly higher premiums.
Loss of Driving Privileges: Repeat offenses result in extended suspensions or permanent revocation.
Employment Challenges: Many employers conduct background checks, and a DUI conviction can limit opportunities in industries requiring a clean driving record.

Can You Expunge a DUI in Florida?

Unlike some states, Florida does not allow DUI convictions to be expunged or sealed. However, if your case is dismissed or you are acquitted, you may be able to clear your record. Working with a DUI lawyer is essential to explore options such as reducing charges to reckless driving, which may be eligible for record sealing.

Defending Against a DUI Charge

If you’ve been arrested for DUI in Neptune Beach, you still have legal options. Common defenses include:

Improper Traffic Stop: If law enforcement lacked probable cause, your case could be dismissed.
Faulty Breathalyzer Results: Testing devices can be inaccurate or improperly maintained.
Medical Conditions or Prescription Medications: Certain medical conditions can mimic intoxication symptoms.
Violation of Rights: If officers fail to follow proper procedures, evidence may be thrown out.

An experienced DUI attorney in Neptune Beach, FL, will examine your case to determine the best defense strategy.

Call Epstein & Robbins for DUI Defense in Neptune Beach, FL.

A DUI conviction can have lasting repercussions, but you don’t have to face it alone. Epstein & Robbins has been fighting for your rights since 1975. Contact our team today at 904-354-5645 or complete our contact form to discuss your case with a dedicated DUI attorney in Neptune Beach, FL, and protect your future.

5 Things Every Driver in Atlantic Beach, FL Should Know About DUI Charges

Thu, 27 Feb 2025 04:01:00 GMT

If you're a driver in Atlantic Beach, FL, it's essential to understand the serious consequences that come with a DUI charge. A DUI (Driving Under the Influence) conviction can have long-lasting effects on your life, from legal ramifications to personal consequences. Whether it's your first offense or you've been charged before, knowing how to navigate the legal system is crucial. Below are five important things every driver in Atlantic Beach, FL should know about DUI charges.

1. Florida DUI Laws Are Strict, and Penalties Can Be Severe

Florida’s DUI laws are known for being tough. The state has a zero-tolerance policy for impaired driving, meaning that even if your blood alcohol content (BAC) is below the legal limit of 0.08%, you could still face DUI charges if your driving is impaired.
Penalties for DUI convictions in Florida can include hefty fines, mandatory community service, a license suspension, mandatory DUI education programs, and even jail time. The severity of the penalties often depends on factors such as your BAC level, whether you have prior DUI convictions, and if there were any aggravating circumstances, such as causing an accident or injuring someone.
If you're facing a DUI charge, it's critical to consult with a skilled DUI attorney in Atlantic Beach, FL to understand your legal options and protect your rights.

2. You Can Be Arrested Even if You're Not “Drunk”

Many drivers mistakenly believe that they can only be arrested for DUI if they're visibly intoxicated. However, Florida law allows police officers to arrest a driver if they have reasonable suspicion that the driver is impaired by alcohol or drugs. This can include behaviors such as erratic driving, slow response times, or slurred speech.
In addition to alcohol, other substances like prescription drugs or marijuana can lead to DUI charges. If you are arrested under suspicion of DUI, it's crucial to remain calm and request legal assistance immediately.

3. Refusing a Breathalyzer Test Could Have Consequences

When you are pulled over in Atlantic Beach, FL, and suspected of DUI, the officer may ask you to submit to a breathalyzer test to determine your BAC. Florida operates under "implied consent," meaning that by driving on the state’s roads, you’ve already agreed to take a chemical test if requested by law enforcement.
If you refuse a breathalyzer test, you could face additional penalties, including a mandatory driver's license suspension for up to a year. While refusal may seem like an option to avoid incriminating yourself, it often leads to more legal trouble in the long run. Consulting with a DUI attorney in Atlantic Beach, FL can help you make an informed decision if you're ever in this situation.

4. DUI Charges Can Affect Your License

One of the most immediate impacts of a DUI charge in Florida is the potential for a suspended or revoked driver’s license. In some cases, your license could be suspended automatically, even before a conviction occurs, depending on whether you refuse a breathalyzer or blow above the legal limit.
If your license is suspended, you may be able to apply for a restricted license to drive to work or school. A skilled DUI attorney in Atlantic Beach, FL can assist you with appealing the suspension and exploring options for reinstating your driving privileges.

5. An Experienced DUI Attorney Can Help You Build a Strong Defense

Facing a DUI charge can be overwhelming, but you don’t have to go through it alone. A qualified DUI attorney in Atlantic Beach, FL can help you understand your rights, challenge the evidence, and build a strong defense strategy. There may be flaws in the evidence against you, such as improperly administered field sobriety tests or issues with the breathalyzer device. An experienced attorney will know how to identify these issues and use them to your advantage.
Epstein & Robbins has a proven track record of helping clients in Atlantic Beach navigate DUI charges. With years of experience in Florida DUI defense, we are here to provide the guidance and representation you need during this challenging time. If you’ve been charged with DUI, don’t wait to get the legal help you deserve.

Protect Your Future with Epstein & Robbins

If you’ve been arrested for a DUI in Atlantic Beach, FL, it’s important to act quickly. The legal consequences of a DUI conviction can impact many aspects of your life, including your driving privileges, personal reputation, and employment opportunities. However, with the help of a skilled DUI attorney in Atlantic Beach, FL, you can fight the charges and work toward the best possible outcome.
At Epstein & Robbins, we understand the complexities of DUI defense and are committed to protecting your rights . Contact us today to schedule a consultation and take the first step toward securing your future. Call us at 904-354-5645 or visit our contact page to get the legal representation you deserve.

What to Do if You’re Arrested for DUI in Neptune Beach, FL: Insights from a Local DUI Attorney

Thu, 27 Feb 2025 03:52:00 GMT

If you’ve been arrested for DUI in Neptune Beach, FL, it’s natural to feel overwhelmed and uncertain about the steps ahead. However, understanding what you should do and having an experienced dui attorney in Neptune Beach FL by your side can make a significant difference in the outcome of your case. At Epstein & Robbins, we specialize in helping clients in Neptune Beach navigate the complex DUI legal process. This blog post outlines crucial steps to take if you find yourself arrested for driving under the influence and how a dui lawyer in Neptune Beach FL can assist you.
1. Stay Calm and Cooperative
If arrested for DUI in Neptune Beach, remain calm and cooperate with officers. You have the right to remain silent and don’t need to answer self-incriminating questions. Politely request a DUI attorney before answering further. Officers may ask for a breathalyzer test, but refusing it can lead to automatic license suspension. A DUI lawyer can help guide you on the best actions.
2. Understand the DUI Legal Process in Florida
After your arrest, you’ll attend an arraignment where you'll be formally charged with DUI. A DUI conviction in Florida can result in fines, license suspension, and jail time, depending on the case severity. Having an experienced DUI attorney in Neptune Beach, FL, is crucial. A local lawyer can analyze your arrest, review evidence, and identify defenses, guiding you through the legal process for the best outcome.
3. The Importance of Timely Action and Legal Representation
Florida law provides a limited window for challenging your license suspension. If you don’t act quickly, you may lose your driving privileges. A dui attorney in Neptune Beach FL will immediately request a hearing with the Florida Department of Highway Safety and Motor Vehicles to dispute the suspension and preserve your driving rights. An experienced dui lawyer in Neptune Beach FL will also work diligently to review the evidence against you, such as the results of sobriety tests and the legality of the traffic stop. They’ll strategize the best approach for your defense, whether that’s seeking a reduction in charges or fighting the case in court. 4. Contact a DUI Attorney in Neptune Beach FL Early
If you’ve been arrested for DUI in Neptune Beach, time is of the essence. Contacting a dui attorney in Neptune Beach FL early ensures you have the support you need throughout the legal process. Epstein & Robbins is dedicated to defending the rights of individuals in Neptune Beach, offering personalized legal strategies for every case.
Additionally, if you’re also facing the task of fire extinguisher refilling in Rockville Centre, NY or other related services, we encourage you to reach out to specialists in your area. Keep in mind that handling legal matters effectively requires expertise and attention to detail. The sooner you seek assistance, the better your chances of a favorable outcome.
If you’re facing DUI charges in Neptune Beach, don’t navigate the legal system alone. Epstein & Robbins is here to provide expert legal counsel and defense strategies tailored to your situation. We understand the stakes involved in DUI charges, and we’re committed to protecting your rights.
Contact Us Today Epstein & Robbins for Junk Car Removal Service and DUI Defense Services. Whether you need help with a DUI charge or other legal issues, our team is ready to assist you every step of the way.
For more information or to schedule a consultation, visit our Neptune Beach DUI defense page .

Drugged driving charges in Jacksonville, Florida

Thu, 26 Nov 2020 18:20:00 GMT

When people hear the charge of Driving Under the Influence, they typically think of driving under the influence of alcohol. However, under Florida law, a person can also be charged with a DUI for being under the influence of a controlled substance, even prescription drugs that are provided to them under their name by their own doctor.

What To Expect In Jacksonville For A DUI Charge

In Jacksonville , if someone is stopped for a DUI, they will typically deal with an officer from the Jacksonville Sheriff’s Office or the Florida Highway Patrol. The case will most likely be prosecuted by the Florida State Attorney’s Office and will be heard by the Duval County Courts.
Penalties associated with a DUI charge include imprisonment, fines, impoundment of the vehicle driven, revocation of a driver’s license, and community service.
In Florida, the officer will most likely conduct field sobriety testing and request a breathalyzer test. One may refuse to submit to the chemical breath test, but refusal may result in driver’s license suspension.

Drugged Driving In Florida

DUI charges can occur due to the driver consuming alcohol or driving under the influence of a controlled substance, such as marijuana, or driving under the influence of over-the-counter medication or prescription drugs. Driving while influenced by any drug can result in the same legal consequences as driving under the influence of alcohol.
Many prescription drugs cause drowsiness and can impair a person’s ability to drive safely. The difference between a DUI for driving under the influence alcohol and a DUI due to medication is that there is no legal limit for the amount of drugs in one’s body, whereas the legal limit for driving under the influence of alcohol is .08%. This means that any amount of a controlled substance or a prescription medication can result in a DUI charge.
DUI charges can be successfully challenged in court by an experienced defense attorney who has dealt with numerous types of DUI cases. Consulting an attorney as soon as possible when dealing with a DUI charge can help one to reduce and often eliminate legal consequences.

Can mouthwash trigger an ignition interlock device?

Sun, 08 Nov 2020 18:27:00 GMT

If you have been convicted of DUI in Florida, the court may order you to have an ignition interlock device (IID) installed on your vehicle. Depending on the charge, a IID might be mandatory. IIDs may also necessary if you want your driver’s license reinstated.
IIDs are similar to a Breathalyzer. You blow into a tub, and if there is even a nominal amount of alcohol (a BAC of 0.025) on your breath, the IID prevents your car from starting. An IID may also require you to submit to a rolling retest, where you blow into the device while the vehicle is operational. However, it may come as a surprise just how sensitive an IID can be.

Could My IID Be Triggered If I Am Completely Sober?

It is possible for an IID to be triggered , preventing the car from starting, even if you have not consumed a beer, glass of wine or spirits. For example, if you use mouthwash that has alcohol in it, the IID may detect the alcohol, and stop your car from starting. If so, you will need to rinse your mouth with water and try again five minutes later. If you pass the second test, the IID will deem the initial test to have detected latent alcohol.

What Happens If I Do Not Pass The Retest?

If you do not retest or do not pass the retest, this will be counted as a violation against you. If you receive a violation letter, you have 10 days within the date on the letter to make an appointment with a licensed DUI program, which will go over the use of the IID with you and talk to you about the circumstances surrounding your violation.

IIDs Can Seriously Impact Your Life

Having an IID installed on your vehicle can seriously impact your life. These instruments are very sensitive and could stop you from driving even if you are not intoxicated. Being unable to drive can make it difficult to get to work, get to appointments, driving your family somewhere and run errands. These are all consequences that could majorly impact your well-being. If you are facing DUI charges in the Jacksonville area, you will want to develop a strong defense strategy that will lead to a reduction in charges or the charges being dropped entirely.

Unpacking the consequences of an out-of-state DUI

Tue, 27 Oct 2020 18:31:00 GMT

Residents from all over the nation travel to Florida. While many will enter the state through air travel, many will still operate a motor vehicle in the state. Just like their home state enforces traffic laws, so does the state of Florida. Thus, if a motorist is suspected to be driving under the influence, he or she could face a DUI charge. Even when a motorist is from another state, an out-of-state driver could endure the consequences of a DUI in Florida.

Out-Of-State DUI

Drunk driving charges exist in all states; however, each states charge the offense differently. This means that the penalties associated with a DUI charge could differ from their home state. Additionally, those convicted of an out-of-state DUI could face penalties in the state where the offense occurred as well as the state that they reside in. in other words, out-of-state DUI offenders are often subjected to different punishment when compared to those in state committing the same offense.

Penalties

In some cases, a motorist could face double punishment. This means that the state of Florida will impose their penalties for the offense and the motorist’s home state will impose penalties in accordance with their laws. When one is not a resident of Florida and is pulled over for a DUI, his or her information will be sent back to his or her local police. It is up to them to impose punishment in accordance with their state laws. Thus, where a DUI occurs and where the accused driver resides matters when penalties are imposed.
Whenever a motorist is stopped by law enforcement, he or she has rights at every step of the traffic stop. Thus, it is important to not only unpack what occurred at the DUI traffic stop but also what consequences could result. This assists the motorist with their exploration of defense options when it comes to protecting their rights. This could ultimately help one reduce the charges, avoid harsh penalties and even clear their name.

Driving while high in Florida? Expect a DUI

Sun, 11 Oct 2020 18:34:00 GMT

Drug use is a controversial issue, but in the end drugged driving in Florida can be just as dangerous as drunk driving, and people in the Jacksonville can face significant penalties if they receive a DUI involving drugs . The following is an overview of how drug use affects driving, and the penalties for a DUI involving drugs.

Why Is Drugged Driving So Dangerous?

Let’s take marijuana use as an example. If a person drives while high on marijuana, their reaction time may be slowed, and their short-term memory may be affected. They may have problems concentrating, along with problems with their hand-eye coordination. They may find it harder to perceive time and distance.
It is important to note that the effects of marijuana use is different for every person, so there is no “legal limit” like there is for alcohol. Also, marijuana can remain in a person’s system affecting them for a greater length of time than alcohol.

What Are The Penalties For A DUI Based On Drug Use?

A person who receives a DUI based on drug use can face the same penalties as a person who receives a DUI based on alcohol use. These penalties include stiff fines, the loss of your driver’s license and jail time. In addition, a DUI based on drug use can stay on your criminal record for as many as 75 years.

Driving High Is Illegal In Florida

Ultimately, it is important to understand that police in Florida will take drugged driving every bit as seriously as drunk driving. It is not good to assume that you are safe to drive while high. Those who are facing a DUI based on drug use will want to take all the steps necessary to develop a solid defense strategy that will reduce the charges against them or have the charges dropped altogether.

Avoiding a DUI After a College Football or NFL Party

Sun, 27 Sep 2020 18:38:00 GMT

Getting together with friends and family to watch the big game, be it college or NFL, is a great way to spend an evening, especially if your team wins. Good food, drinks, and fun people can lead to a really great time. It can also lead to a DUI if you choose to drive after drinking alcoholic beverages.

There a several ways to avoid a DUI:

Have a designated driver. This person cannot have any alcohol, not even a drink at the beginning of the party. There is no guarantee that this person will be sober enough to drive when you are ready to leave.
Call a cab or a car service. Taking a cab or car service to the party and home afterward ensures that you do not drive.
Stay the night if possible. If the party is at the home of a family member or friend inquire about possibly staying the night to avoid driving.
Make it a virgin. Enjoy your favorite drinks without the alcohol and also try non-alcoholic beer.
Be responsible. Know your limit and stick to it. Ultimately, you are the one that has to deal with the consequences of a DUI.

So have a plan when you leave home to avoid a DUI and if you find yourself in a situation where you might be facing charges of driving under the influence, the attorneys at Epstein and Robbins have extensive experience obtaining the best possible outcome for their clients. Reach out to us now. We can help!

As part of the privilege of driving in Florida, all motorists implicitly agree to submit to a breath test if asked to by police after lawfully being pulled over on suspicion of drunk driving. However, officers must have reasonable cause that the motorist was driving under the influence of alcohol when asking the motorist to submit to a breath test.

Understanding Florida BUI (Boating Under the Influence) Penalties

Sun, 27 Sep 2020 18:36:00 GMT

Penalties for Boating Under the Influence

There a several ways to avoid a DUI:

Have a designated driver. This person cannot have any alcohol, not even a drink at the beginning of the party. There is no guarantee that this person will be sober enough to drive when you are ready to leave.
Call a cab or a car service. Taking a cab or car service to the party and home afterward ensures that you do not drive.
Stay the night if possible. If the party is at the home of a family member or friend inquire about possibly staying the night to avoid driving.
Make it a virgin. Enjoy your favorite drinks without the alcohol and also try non-alcoholic beer.
Be responsible. Know your limit and stick to it. Ultimately, you are the one that has to deal with the consequences of a DUI.

It is very important to have a plan in place. Do not rely on the get sober fast gimmicks. They do not work nor guarantee that you will pass a sobriety test. Florida’s statute on DUI states that you are guilty of drunk driving if your blood alcohol level is .08% or higher. Even if you stop drinking early and have plenty to eat you still risk having a blood alcohol level that can lead to a DUI charge. Remember, just because you have a blood alcohol level below .08% does not mean you are good to go. An officer can still find you incapable of driving and charge you with a DUI.
So have a plan when you leave home to avoid a DUI and if you find yourself in a situation where you might be facing charges of driving under the influence, the attorneys at Epstein and Robbins have extensive experience obtaining the best possible outcome for their clients. Reach out to us now. We can help!

Think carefully before refusing to submit to a breath test

Wed, 23 Sep 2020 18:42:00 GMT

You may have had a drink or two at a restaurant or a friend’s house and are driving home when suddenly you find yourself pulled over by police and being asked to submit to a breath test. You may think this is unfair, especially if you believe you are sober or are worried about getting a DUI. At times like this, it may be tempting to refuse to submit to the breath test. However, doing so has consequences. This is because of Florida’s “ implied consent ” laws.

What Does “Implied Consent” Mean?

What Happens If I Refuse A Breath Test?

Refusing to submit to a breath test when lawfully asked to do so has consequences. A breath test refusal can result in having your driver’s license suspended for one year if it is your first refusal. If it is a subsequent refusal, this suspension period rises to 18 months. In addition, a breath test refusal can be admitted as evidence in any criminal proceeding regarding the alleged DUI.

Standing Up To Prosecutors

A lot of prosecutors tend to think of DUI cases as easy because they can often bully accused individuals into a plea deal. While a plea deal might be right in some circumstances, you should only consider it after you’ve assessed whether you can obtain dismissed charges or an acquittal. An experienced criminal defense attorney will know how to assist you in building the best case possible based on the circumstances at hand.

Think Carefully Before Refusing A Breath Test

Those in the Jacksonville area who are pulled over on suspicion of DUI will want to think carefully before deciding to refuse a breath test. While there may be some benefit to it under certain circumstances, there are serious consequences that follow a refusal, even if the breath test would have indicated that your blood-alcohol concentration was below the legal limit. This post does not contain legal advice, so those who want to learn more about implied consent laws in Florida will want to seek professional counsel.

Don’t be afraid to challenge field sobriety test results

Sun, 13 Sep 2020 18:46:00 GMT

If you’ve been accused of drunk driving, then you’re probably worried about the legal challenges ahead of you. There’s nothing wrong with being concerned given the stakes involved. The best way to alleviate your concerns is to be prepared with the best DUI defense possible. This might include attacking the results of field sobriety tests, especially if that’s the only evidence the prosecution has against you.

Know The Weaknesses Of Field Sobriety Tests

There are acceptable standards with which field sobriety tests should be conducted, but officers often fail to adhere to these standards. This can result in inaccurate test results and wrongful accusations of criminal wrongdoing. So the best way to spot weaknesses is in police officer error.

The Walk-And-Turn Test

Take, for example, the walk-and-turn test. This field sobriety test involves walking a given number of steps in heel-to-toe fashion along a straight line with your arms outstretched. Once you take the requisite number of steps, you are instructed to pivot and return in a similar fashion. Officers look for wobbling, swaying, and an inability to follow instructions, considering each a sign of intoxication.
Yet, officers often make mistakes in administering this test. They can give incomplete or confusing instructions, and they can fail to take outside factors into account that may alter the results of a field sobriety test. An existing medical condition, your shoes, and uneven ground can each affect the outcome of the walk-and-turn test.

Standing Up To Prosecutors

Can An Underage Driver Drive Someone Home After They Drank Too Much?

Sun, 30 Aug 2020 19:01:00 GMT

One effective way to prevent someone from driving while inebriated is to have another driver transport the drunk person. However, what happens when the only person nearly and available is under-age?

Rules And Regulations Matter

The laws are strict when it comes to under-age drivers:

Section 322.091 allows for the suspension of an under-aged driver’s license for non-compliance with school attendance. Under-aged drivers who keep missing school to transport drunk adults could get their licenses revoked.
Section 322.2616, Florida Statutes states that it is illegal for a driver under 21 years old to have a BAC of .02. This typically would not be a problem for a sober under-aged driver, but driving with a drunk adult could raise suspicion from police, and the under-aged driver could lose their license if they refuse to take a breathalyzer test.
Section 322.16(2) restricts when a driver under 17 years old can drive at night. A driver that is under 17 years old cannot drive between 11 pm and 6 am without being accompanied by an adult that is both licensed and 21 years or older. Florida police have as much just cause to pull over an under-aged driver as they do with an erratically-driving adult. Yes, there is an exception for traveling to and from work, but the police won’t know that until after they pull the teenager over and see his drunken companion.
Section 322.16(3) restricts when a 17-year-old driver can drive at night. The rule is similar, though the time range is 1 am and 5 am.

There is one more issue with this scenario: just because something is legal doesn’t automatically make it just. Yes, drunk people should not take the wheel under any circumstances, and preventing a DUI is far preferable to responding to one. However, subjecting a young teenager to an adult’s inebriated behavior can be traumatic to the young driver in question.

When In Doubt, Consult An Expert

The laws governing DUIs can be complex. The best course of action for those who have been arrested for a DUI – or wish to have a consultation on how to prevent DUIs – is to contact a legal firm with extensive experience in DUI defense .

Should You Try and Expunge Your DUI Record?

Sat, 29 Aug 2020 18:53:00 GMT

Florida laws allow easy access to peoples’ criminal records. This can cause problems for those seeking good jobs and decent residences. Even a minor offense or a decades-old crime could be a disqualifying factor. (One example is with HIPAA laws that prohibit convicted felons from holding certain jobs pertaining to PII – Personally Identifiable Information.) Expunging one’s records is one possible solution to this problem. Sealing one’s records is another legal method for handling a criminal record.

Understanding DUI Records

Florida has a list of crimes that cannot be expunged or sealed. DUIs are on the do-not-dismiss list. People who have been found guilty or plead no-contest – in any state – to a DUI cannot get their records expunged or sealed.
Raising the bar higher is the fact that anyone who has been found guilty or plead no-contest to any crime cannot get their record expunged unless all of the associated records have been sealed for at least ten years.
However, people who were arrested and not convicted have a chance at expunging their arrest records. The applicant must file for a Certificate of Eligibility with the Florida Department of Law Enforcement, which – if granted – will be valid for about six months. If that succeeds, the applicant must contact the court where the charges were filed and request a hearing, filling out additional paperwork and forms in the process. Later, the applicant will have an appointed day in court where a judge will determine whether to grant or deny the application.
Sealing DUI records is a possibility for those whose DUI trials ended with a dismissal, a lesser charge, or an acquittal. The process is similar to what is described above. A sealed record will still technically “exist,” while there is no legal trace of an expunged record. However, sealed records cannot act as legal barriers to employment or housing.

Call Us To Find Out Your Options

Laws in Florida are constantly changing. And seeking the counsel of a lawyer is preferable to attempting to navigate the laws governing expunging and sealing records. Those who want to remove their DUI records are compelled to have annual consultations with lawyers with extensive DUI defense experience. Call our office today , and let us help you learn what options you have.

Man charged with DUI in Florida after crash injures bicyclists

Wed, 26 Aug 2020 19:07:00 GMT

Auto accidents can happen for many reasons in Florida and one of the most common is if a driver is under the influence of alcohol or drugs. There are various scenarios that can come about leading to a DUI arrest. Among the most serious include people being injured in a crash with an alleged drunk driver. Drivers who are facing allegations that they committed a DUI and caused injuries to others should be cognizant of the ramifications and consider their options to craft a strong legal defense.

Driver Arrested For Recklessness, Speeding And DUI After Collision

A man was arrested for DUI after a three-vehicle accident in which two bicyclists were injured. According to the investigation, the 20-year-old man was driving at excessive speed when the chain of events took place. Witnesses said he was being reckless and went out of control. A vehicle was sideswiped. Then he hit another vehicle before hitting the bicyclists. Law enforcement arrived and spoke to the man. He appeared to be under the influence smelling of alcohol, slurring his speech and had bloodshot and watery eyes.
He took field sobriety tests and did poorly. He stated that he had been drinking the previous night. His blood alcohol content registered at double the legal limit. He faces multiple charges including DUI and DUI with damage. The bicycle riders were hospitalized where they were reported to be stable.

Understanding Potential Penalties After A DUI

Drivers who are convicted of DUI can face a litany of penalties that can lead to major challenges in life. These can include jail time, fines, a driver’s license suspension and the requirement to have an ignition interlock device on the vehicle. In addition, the conviction will be on the person’s record and could cause problems with future endeavors and getting automobile insurance.

A Legal Defense Is Key

Even in cases where the evidence is strong, there are still strategies to avoid the worst consequences or even get an acquittal. The investigation could have been flawed, extenuating circumstances could help with reducing the charges, or there may be an option for treatment instead of incarceration. The case can be challenging, especially if people were injured in an accident. Before doing or saying anything to exacerbate the situation, it is beneficial to consult with legal professionals experienced in DUI defense immediately.

Will you be able to drive commercially after a DUI?

Tue, 11 Aug 2020 19:16:00 GMT

Commercial drivers are in a tough situation when it comes to alcohol. They can have a blood alcohol concentration (BAC) of under .04%, and they can’t drink within the four hours before they start driving. The lower DUI level is tricky for some, but there is good reason to have it. Commercial drivers are in charge of large vehicles with the potential to cause serious damage, injuries and death if they crash.
The Federal Motor Carrier Safety Administration (FMCSA) is in charge of the rules regarding BAC and commercial driving. These regulations apply to anyone who owns or leases a commercial motor vehicle as well as for-hire motor carriers, church drivers and others.
If you get a DUI as a commercial driver , there is the chance that you could lose your license. Though the loss of your license may be temporary, finding a job after a DUI is likely to be difficult. The trucking industry is short on drivers, but there is never a lack of new, incoming talent without DUIs on their records.

Will A Business Be Willing To Risk Taking On A Driver Who Had A Past DUI?

That’s a difficult question to answer. As the DUI disappears further back into your history, you may have a better chance of getting back into commercial driving. There are some companies who will hire drivers with a DUI in their past, but they are few and far between.
The better option in this situation is to fight the DUI , and do all you can to avoid a conviction. Your attorney will help you defend yourself and fight for your license and career.

Tourists in Florida: Be cautious and avoid a DUI

Wed, 29 Jul 2020 19:20:00 GMT

If you come to Florida as a tourist, you could be in deep trouble if you drink and drive. Around 40% of all traffic fatalities in the United States are a result of drunk driving, which is why the penalties are so significant. Every year, in fact, around 1.8 million people are arrested for drinking and driving.

Florida, like most other states, has a legal blood alcohol limit of .08% for drivers. That works out to 35 micrograms of alcohol per 100 ml of breath or 80 micrograms per 100 ml of blood — although it’s important to remember that you can still be charged with drunk driving even when your blood alcohol content is under that amount.

If you are driving while intoxicated in Florida , or if you appear to be, you’ll be asked to take field sobriety tests as well as a breath test. While you can refuse a field sobriety test, you should understand that refusing the breath test means that you’ll immediately lose your license. You may also be imprisoned, depending on the circumstances leading up to your arrest, such as if a crash was caused or if anyone was hurt.

If this was your first offense, you may not end up facing jail time, but you could face harsh fines and penalties, as well as increased insurance cost and social stigma, which is something to consider when deciding to reach out to your defense attorney.

As a tourist in Florida , it is smartest to avoid driving while intoxicated. There are many great methods of public transportation, and you also have the option to call taxis or to use ride-sharing services. Many restaurants and stores are within walking distance, too, so if you plan to drink, walk there — and walk home or get a ride.

What Types of Drugs Fall Under DUI Arrests?

Thu, 23 Jul 2020 19:28:00 GMT

Florida’s laws concerning DUIs define driving under the influence as having a blood alcohol content of .08% or more. But while it might be common to associate a DUI with drunk driving, the truth is that, not only alcohol, but many kinds of drugs and medicines can dangerously impair a driver’s ability to operate a motor vehicle.
However, unlike alcohol, drugs do not affect a person’s blood alcohol level, so the law states that a driver whose “normal faculties are impaired” by drugs is also subject to punishment. The law divides drugs into two categories: “harmful chemical substances” and “controlled substances”

What Are Harmful Chemical Substances?

These are substances such as nitrous oxide, rubbing alcohol, and certain chemical solvents. These chemicals are typically inhaled, or “huffed,” to obtain a buzz or high.

What Are Controlled Substances?

Florida lists hundreds of different substances that qualify as “controlled substances” that can impair the ability to drive. They generally include the following substances:

Opioids and opiates, which include painkillers like Vicodin and oxycodone (also known as OxyContin), as well as substances such as heroin and fentanyl;
Hallucinogens, such as LSD;
Stimulants, such as amphetamines, methamphetamines, cocaine, and MDMA, also known as Ecstasy; and
Cannabinoids, such as marijuana

Possible Penalties

The penalties for driving under the influence of drugs are generally the same as for driving under the influence of alcohol. If someone gets pulled over, then these penalties can be up to 6 months in jail, a $500-$1,000 fine, 50 hours community service, and a 6-month suspension of a driver’s license, for a first offense, to up to five years in prison and up to a $5,000 fine for a third offense (if the third offense occurs within ten years of the first offense).
When the consequences of violation of the law are so severe, it is important to be sure to consult with experts who know the law inside and out. The attorneys at Epstein and Robbins have extensive experience obtaining the best possible outcomes for their clients, and they do so with passion for their clients and a singular focus on a fair outcome.

Do Commercial Drivers Have Different DUI Restrictions/Consequences?

Thu, 23 Jul 2020 19:24:00 GMT

To obtain a commercial driver’s license, drivers must meet different requirements from those seeking ordinary driver’s licenses, so it is unsurprising that the laws regarding driving under the influence of drugs or alcohol, also known as DUI , are likewise different. The law holds commercial drivers to a higher standard because commercial drivers typically operate larger, heavier, more dangerous vehicles, such as trucks carrying hazardous materials, cargo-loaded big rigs, and busses filled with passengers. Driving a commercial vehicle, or CMV, under the influence can endanger dozens of people or more, so the consequences of doing so are heavier.

How Are The Consequences Different?

It’s important to first note that, under Florida law, simply driving a CMV with any alcohol at all in your bloodstream is a moving violation subject to a potential fine and prohibited from operating a CMV for 24 hours.
To be convicted of a DUI while operating a CMV, the defendant needs to have a blood alcohol level of only .04. This is half the level a driver of a regular passenger vehicle needs for a conviction. So, it is much easier for a prosecutor to obtain a conviction in a commercial vehicle DUI care.

Disqualification From Operating A CMV Is A Real Possibility

Additionally, commercial drivers convicted of a DUI may be disqualified from driving a commercial vehicle for one year for a first offense, and permanently disqualified for a second offense. And the driver cannot apply for a hardship reinstatement to operate a commercial vehicle.
If the driver has a blood alcohol level of .08 or more, the disqualification becomes effective immediately, and the officer is authorized to issue a temporary 10-day driver’s license, but only for non-commercial vehicles.

Protect Yourself – And Others

Because the danger to others from operating a CMV while under the influence of alcohol or drugs are so high, the consequences for a commercial driver convicted of a DUI can imperil that driver’s means of earning a living. While the law seeks to protect the public, the driver must seek to protect the driver’s interests. With the stakes so high, be sure to consult with expert attorneys who understand both the law and that a person’s livelihood is on the line. The attorneys at Epstein and Robbins have years of experience, and can offer strategic thinking and peace of mind.

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IIDs Can Seriously Impact Your Life

Unpacking the consequences of an out-of-state DUI

Out-Of-State DUI ﻿

Penalties

Driving while high in Florida? Expect a DUI

Why Is Drugged Driving So Dangerous? ﻿

What Are The Penalties For A DUI Based On Drug Use? ﻿

Driving High Is Illegal In Florida ﻿

Avoiding a DUI After a College Football or NFL Party

Understanding Florida BUI (Boating Under the Influence) Penalties

Think carefully before refusing to submit to a breath test

What Does “Implied Consent” Mean?

What Happens If I Refuse A Breath Test? ﻿

Standing Up To Prosecutors ﻿

What To Expect In Jacksonville For A DUI Charge

Could My IID Be Triggered If I Am Completely Sober?

What Happens If I Do Not Pass The Retest?

Out-Of-State DUI

Why Is Drugged Driving So Dangerous?

What Are The Penalties For A DUI Based On Drug Use?

Driving High Is Illegal In Florida

What Happens If I Refuse A Breath Test?

Standing Up To Prosecutors

Think Carefully Before Refusing A Breath Test

Know The Weaknesses Of Field Sobriety Tests

The Walk-And-Turn Test

Standing Up To Prosecutors

Rules And Regulations Matter

Understanding DUI Records

Call Us To Find Out Your Options

Driver Arrested For Recklessness, Speeding And DUI After Collision

Understanding Potential Penalties After A DUI

A Legal Defense Is Key

What Are Controlled Substances?