St. Augustine DUI Attorney

If you’ve been charged with driving under the influence, you need a DUI lawyer. A DUI conviction can have devastating effects on your financial future and personal freedoms, including the loss of your driver’s license and complications in finding gainful employment.

Travis Mydock B.C.S. is a leading criminal defense attorney with an outstanding track record and more than 10 years of experience representing defendants in cases related to driving under the influence of alcohol. You need legal representation from an outstanding DUI defense attorney. Contact Mydock Law for a free consultation.

What Is a DUI in Florida?

Driving under the influence, also known as drunk driving, is a criminal offense in the State of Florida. Florida DUI laws define DUI as being in actual physical control of a vehicle when your blood alcohol content (BAC) is 0.8% or higher if you’re an adult aged 21 and older or 0.2% or higher if you’re under the age of 21 years. DUI can also apply to driving under the influence of drugs or prescription medications that impact your ability to drive.

“Actual physical control” means that you do not actually have to be driving the vehicle to be charged with DUI. Having the keys and being inside of the vehicle may be sufficient enough for the state to press DUI charges against you.

Law enforcement officers may utilize field sobriety tests or a breathalyzer device to determine your level of intoxication if you’re stopped for a DUI. If you’re arrested for a DUI, you may be given a blood test to accurately determine your blood alcohol content.

If convicted, drunk driving charges can lead to license suspension, jail time, and a required ignition interlock device on any vehicle you drive. DUI penalties become more severe with each additional offense.

Mydock Law Has Experience with Many Types of DUI Cases

Travis Mydock B.C.S is a top-rated DUI defense lawyer with a wide variety of defense experience. Mr. Mydock has assisted with cases involving four or more DUI charges, as well as more complex cases like DUI with serious bodily injury.

Number of DUI Offenses

DUI First Offense
DUI Second Offense within 5 years or outside of 5 years
DUI Third Offense within 10 years or outside of 10 years
DUI Fourth Offense or greater

Circumstances of DUI Offenses

DUI with serious bodily injury
DUI manslaughter
DUI with property damage
DUI with a minor child occupant
DUI with a breath test over .15
DUI with urine or blood testing
DUI with a refusal or prior refusal to submit to testing
Drug related DUI
BUI / Boating Under the Influence

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

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

The administrative suspension for a DUI arrest is as follows:

First offense
Breath test = 6 month suspension with 30 days hard time
Refusal = 12 month suspension with 90 days hard time
Opt out of hearing and avoid hard time.
Second offense
Breath test
If first offense was a refusal, 6 month suspension [s. 322.2615 (8)(b))

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

If first offense was a breath test, 12 month suspension

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

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

hard time [s. 322.2615(10)(a) ]

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

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

Third and subsequent offenses (if convicted of first two DUI charges)
Breath test – No restricted license even if first breath test [s. 322.271(2)(a)]
Refusal
If all prior offenses were breath test, 12 month suspension with 12

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

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

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

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

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

FLORIDA DUI LAW: OVER 0.08 OR NORMAL FACULTIES IMPAIRED

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

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

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

316.1934(1)

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

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

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

STATUTORY PRESUMPTIONS OF IMPAIRMENT

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

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

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

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

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

PENALTIES FOR A DUI CONVICTION

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

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

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

See generally F.S. 316.193(1)

Mandatory adjudication of guilt [316.656(1) / Traffic Court Rule 6.290]

Mandatory fine of not less than $500 or more than $1,000 (+ 5% surcharge) [316.193(2)(a)1.a.]

Maximum imprisonment not more than 6 months [316.193(2)(a)2.a.]

Discretionary placement of ignition interlock device for at least 6 months (316.193(2)(c)]

Mandatory completion of the Alcohol Safety Education Course (Level 1) [316.193(5)]

Mandatory probation, no more than 12 months [316.193(6)(a)]

Mandatory minimum 50 hours community service [316.193(6)(a)]

Mandatory vehicle immobilization for 10 days [316.193(6)(a)]

Mandatory driver licenserevocation for 6 to 12 months [322.28(2)(a)1.]

Mothers Against Drunk Driving – Victim Impact Panel

No driving without a valid license

No alcohol, illegal drugs, or bars + random drug and alcohol tests

Mandatory court costs for misdemeanor DUI ($223 + $183)

Cost of prosecution $50

Cost of investigation $50

Cost of supervision $50 (per month)

Travis Mydock B.C.S. Serves the Following Florida Counties

Travis Mydock is a former prosecutor and a Board-Certified Specialist in Criminal Trial Law. He has more than a decade of experience serving on both sides of the court. Mydock Law PLLC is located in St. Augustine, Florida and serves the following areas:

Seventh Judicial Circuit: Saint Johns, Putnam, Flagler, and Volusia counties
Fourth Judicial Circuit: Duval, Clay, and Nassau counties
Eighth Judicial Circuit: Alachua, Bradford, and Baker counties

DISCLAIMER: This is an informational resource and does not constitute legal advice. You must consult with an experienced attorney regarding your case. Utilization of this information does not constitute an attorney-client relationship. Contact Mydock Law utilizing the provided phone number (904 494 8402) for a free consultation.