Criminal Law
We Achieve Successful Results for our Clients
Being accused of a criminal charge can be one the most stressful times in your life. Your freedom and reputation may be at stake. If you or a loved one are facing criminal charges, it is essential that you get advice from a tough and experienced criminal lawyer. We know how to navigate the criminal justice system in Florida and achieve successful results for our clients.
The experienced criminal attorneys at the Law Offices of Jonathan E. Jones, P.A. has extensive experience handling criminal cases in courts throughout Florida and are ready to defend you in any criminal, DUI, or traffic-related case. The preservation of your liberty, rights, and reputation requires a skilled criminal defense lawyer, so you can receive the best defense possible. If you have been arrested and are facing criminal charges, you are no doubt feeling overwhelmed and scared about your prospects for the future. Our criminal attorneys in Florida have defended hundreds of clients from almost every charge imaginable. We will work tirelessly to ensure that your rights are protected and build the most robust defense possible to achieve the best possible result for your case.
Driving under the influence
What happens if I am pulled over for Driving Under the Influence?
If you appear to be intoxicated, Law Enforcement can pull you over and place you under arrest for DUI. Arrests following a BAC/BAL register of .08 or above happen far more frequently than one might think. Local law enforcement officers set up checkpoints and set themselves up in unexpected locations waiting for one wrong move – a justifiable reason to pull someone over. Once they are at your vehicle, whether they pulled you over for swerving or failing to come to a complete stop at a stop sign, they can initiate a DUI arrest given your appearance, response to questions, and performance on physical sobriety tests. When this occurs, a Ft Lauderdale DUI lawyer should be consulted as soon as possible. An experienced defense attorney can not only work to mitigate the damage of your offense but also to protect your rights throughout the legal process.
When Would a Person Be Charged with Drinking and Driving?
In the state of Florida, DUI can be proven one of two ways. The first is someone with an unlawful blood alcohol level driving, operating, or in actual physical control of a motor vehicle. The current unlawful blood alcohol level in the state of Florida is 0.08 or above. Years ago, the legal blood alcohol level limit for DUIs in Florida was 0.12. Over the years, it was reduced to 0.10 and is currently at 0.08, where it has remained for some time.
The first type of DUI is driving or being in actual physical of a motor vehicle with an unlawful blood alcohol level. There is a second way a DUI can be proven and prosecuted. That is when a case involves a situation where there is no blood alcohol level or blood alcohol reading for a variety of reasons. The individual refused to give a sample of their breath or blood, or that particular piece of evidence was just not available at that time. That type of DUI is known as operating or being in actual physical control of a motor vehicle while under the influence of an alcoholic beverage, chemical substance, or controlled substance while the person’s normal faculties are impaired. A knowledgeable Ft. Lauderdale Lawyer could help conclude the type of DUI a plaintiff faces and begin preparing a defense.
Potential Penalties for a DUI Offense
According to Florida Statutes §316.193, the penalties for a DUI offense could vary. For example, a first conviction would involve a fine of at least $500 and a prison sentence of no more than six months. A second conviction would merit a fine of at least $1,000 with a jail sentence of no more than nine months, but if the offense happened within five years of the first offense, they would be required to serve a mandatory sentence of at least ten days. A third conviction would result in a fine of at least $2,000 with a mandatory sentence of at least 30 days if the offense happened within the last ten years of the second offense.
These penalties are serious and frightening, but a compassionate Ft. Lauderdale Attorney could help with mitigating the consequences of a case through a compelling DUI defense.
What Role Does Law Enforcement Play During Trial?
These definitions are not considered scientific. Because of this, there is a larger value on proving a DUI. Cases are generally proven with opinion-based testimony from a law enforcement officer. They can testify to their gauge on what effect alcohol, drugs, or chemical substances have on an individual’s normal faculties. Normal faculties include a person’s ability to operate a motor vehicle, walk, talk, make judgments, and act in emergency situations.
A driving under the influence offense from abnormal faculties is a very different type of charge compared to driving with an unlawful blood alcohol level. There is more room for interpretation. Two people can see the same set of facts and come to a different conclusion. It is less scientific than the first type of DUI. A DUI is driving or being in actual physical control of a motor vehicle with an unlawful blood alcohol level. Another DUI offense is driving or being in actual physical control of a motor vehicle while under the influence to the extent a person’s normal faculties are impaired. A DUI defense Lawyer can help defend either type of charge and a police officer’s testimony.
