Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Jessica Burgoyne
Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Beyond Jacksonville’s iconic bridges and the roar of Jaguars games, this Florida city thrives with vibrant neighborhoods and riverfront attractions. But even amidst such vibrancy, life can take unforeseen turns. If you’re facing DUI charges, here are our picks for the best DUI lawyers in Jacksonville, FL to help you with your case.
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Best DUI Accident Attorneys in Jacksonville
Compare Our Top Attorneys
DUI Accident Lawsuits in Florida
If you’ve been charged with a DUI in Florida, it’s vitally important that you consult a lawyer as soon as possible. The sooner you speak with an attorney, the more time you will have to prepare for your trial.
Florida DUI Charges
In Florida, there are several factors that determine the severity of the DUI charge. Higher blood alcohol levels, harm to others or damage to property and previous DUI convictions can all affect the charges you will face. Here are some of the levels of DUI charges (charges may be higher for a blood or breath alcohol content of 0.15 or if a minor is in the vehicle):
First DUI Offense
- A fine of between $500 and $1000 will be levied.
- Imprisonment is a possibility, with a sentence of no more than six months.
- Up to 50 hours of community service can be ordered, and the court can also require an ignition interlock device on all vehicles that are owned or used routinely.
Second DUI Offense
- A fine of between $1000 to $2000 will be levied.
- Potential jail time increases to nine months.
- If the second DUI happens within five years of the first offense, there is mandatory jail time of at least 10 days and impoundment or immobilization of all owned vehicles for at least 30 days.
Third DUI Offense (within 10 years of the previous conviction)
- If the third offense happens within ten years of a previous conviction, the offense is treated as a third-degree felony. This does not mean that the time between the first conviction and the third must be no more than 10 years; it means the time between the second and the third offense must be within 10 years. For example, if someone was convicted of DUI in 1989, 2017 and 2023, it would be a felony, because 2017 is within 10 years of 2023.
- Third-degree felonies in Florida carry a prison sentence of up to five years.
- Mandatory imprisonment for 30 days.
- Ignition interlock devices will be required for no less than two years.
Third DUI Offense (more than 10 years after the previous conviction)
- A fine of between $2000 and $5000 will be levied.
- Potential jail time increases to 12 months.
- Ignition interlock devices will be required for no less than two years.
Fourth DUI Offense
- A fourth DUI offense will be considered a felony.
- A fine of at least $2000 will be levied.
- Imprisonment for up to five years.
- Ignition interlock devices will be required for no less than five years.
DUI with Property Damage or Injury of Another
- A DUI with property damage or injury of someone other than the driver will be considered a first-degree misdemeanor, which carries a penalty of up to 12 months in jail.
DUI Manslaughter
- Manslaughter occurs when someone dies as a result of the driver driving under the influence. It carries a minimum prison term of four years. DUI manslaughter is automatically considered a felony, which can carry jail time of up to 30 years to life.
Florida Statute of Limitations
The statute of limitations refers to how long the state has to bring a case against you after a crime. This limit varies, depending on what sort of crime has been committed.
- Second-degree misdemeanors have a statute of limitations of one year.
- First-degree misdemeanors have a statute of limitations of two years.
- Felonies other than first-degree have a statute of limitations of three years.
- First-degree felonies have a statute of limitations of four years.
- However, there is no statute of limitations on crimes that kill someone, such as manslaughter.
Florida Laws for DUI Drivers
- Blood Alcohol Concentration. Drivers with a blood alcohol concentration (BAC) of 0.08 (0.08 grams or more of alcohol per 100 milliliters of blood) or breath alcohol level of 0.08 (0.08 grams or more of alcohol per 210 liters of breath) will be considered driving under the influence.
- Penalties. As mentioned above, DUI charges can carry fines, jail or prison time, suspension of driving privileges and mandatory ignition interlock devices. Most DUI charges also require drug and/or alcohol counseling.
- Conditions for Release. When a person has been detained for DUI, they cannot be released until they no longer show impairment, their blood alcohol level is below 0.05 or eight hours have passed since detainment.
Identifying Fault for a DUI Crash
Being impaired does not automatically mean that a driver is responsible for a vehicle accident; it could be the case that the accident was entirely caused by another driver. However, if law enforcement determines that a driver is impaired when they arrive at the scene, that driver can still be charged with DUI.
Florida is a modified comparative negligence state. That means that accident victims can collect damages if they were less than 51% responsible for the accident, but their recovery will be reduced by their percentage of fault. It is possible, under Florida law, for an impaired driver to collect damages after a car accident. This does not impact any DUI charges.
How Can an Attorney Help You?
A qualified attorney is vital for DUI cases in Florida. These are complicated cases that can carry severe punishments and ramifications. Your lawyer can help you with the following:
- Staying on top of deadlines. Any court case is going to have a large amount of paperwork, depositions and court proceedings to keep track of. Your attorney will help you understand what is expected of you, and when.
- Answering questions. You will have a lot of questions about the process. Your lawyer can provide you with answers and information.
- Deposing witnesses. In felony cases in Florida, the defense may depose, or interview under oath, any of the state’s witnesses.
- Representing you in court. Your attorney will be on hand to defend you and your interests during trial.
How to Find the Best DUI Accident Lawyer in Jacksonville, FL
DUI charges are serious, and it’s important to make sure you find an attorney that you are comfortable with to represent you. Here are some things to consider.
- Experience. Make sure that your attorney has experience defending DUI cases.
- Testimonials. Look at what others have said about the lawyer you’re considering. Does he or she sound like someone you would want to work with?
- Free consultations. Many DUI attorneys offer free initial consultations. Take advantage of these to make sure that the attorney is someone you can see yourself working with.
- Fees. It’s important to understand up front how much you will be charged. Reputable attorneys will be clear about their fee structure.
Methodology
To come up with the Best DUI Accident Lawyers in Jacksonville in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How long does a DUI conviction stay on your record in Florida?
In Florida, a DUI conviction stays on your record for 75 years. For most people, this means that the conviction is on their record permanently. This is in contrast to many other states, where DUI convictions are dropped after 10 years. In addition, Florida refuses to expunge any DUI convictions.
What are the laws for drivers under 21?
Drivers under 21 years of age have a much lower blood alcohol threshold of 0.02. This means that underage drivers with a blood alcohol level of 0.02 or higher can be charged with DUI. This includes a mandatory license suspension of six months.
Can I refuse field sobriety tests?
You can refuse field sobriety tests in Florida, but the fact that you refused them can be used in court as evidence that you were aware of your impairment. Police can also use a refusal of field sobriety tests as probable cause to require a chemical test (usually a Breathalyzer or a blood test). If you refuse the chemical test, your license will be automatically suspended for one year and you might face increased penalties if you are convicted of DUI.
