St. Augustine DUI Lawyers
Aggressive Defense Against DUI Charges in St. Augustine, Florida
If you or a loved one are dealing with the consequences of a DUI or driving offense, the situation can feel overwhelming. At Canan Law, we understand the pressure, uncertainty, and urgency these cases bring, and we can guide you through every step with confidence.
With our DUI and driving offense attorneys in St. Augustine, you gain access to decades of combined experience, personalized legal strategies, and dedicated support. We focus on guarding your rights, minimizing penalties, and helping you move forward with clarity and control.
Contact Canan Law today to schedule a confidential consultation. Our St. Augustine DUI lawyer can fight for you. Call (904) 849-2266
Florida’s Strict DUI Laws & Penalties
Florida has some of the strictest DUI laws in the country. With I-95 nearby, numerous college students and tourists come to St. Augustine to vacation, and many good people end up getting drunk, driving, and possibly hurting somebody.
The following legal requirements and consequences apply to DUI cases in Florida:
- Blood alcohol concentration limit: Driving with a blood alcohol concentration of .08 percent or more is illegal.
- First DUI offense consequences: A first DUI offense can result in an administrative license suspension for 12 months.
- Potential for enhanced penalties: DUI penalties can include interlock devices and vehicle forfeiture in certain circumstances.
- No open containers: Neither drivers nor passengers are permitted to have an open container of alcohol in the vehicle.
- Significant financial obligations: Possible DUI penalties involve paying thousands of dollars in fines and restitution, driver’s license revocation, and potentially months or years behind bars.
Misdemeanor DUI
In Florida, anyone caught driving under the influence that caused damage to property or injured another is guilty of a first-degree misdemeanor. The penalties can be up to a $1,000 fine or one year in prison. There are a lot of collateral consequences to a DUI conviction that include DUI school and community service.
For many people in St. Augustine, a misdemeanor DUI is their first experience with the criminal justice system, and the uncertainty can be as stressful as the potential penalties. A conviction can affect your job, your ability to rent an apartment, and even professional licensing or background checks. When you work with a dui defense attorney St. Augustine residents trust, you can get advice tailored to your specific situation, including how to address employment concerns, what to expect in St. Johns County court, and how to prepare for DUI school or other court-ordered programs.
Second-Degree DUI Felonies
- DUI manslaughter/leaving the scene of an accident involving death: Both carry up to a $10,000 fine and up to 15 years imprisonment.
These second-degree felonies are handled very seriously by prosecutors in St. Johns County, and they often involve extensive investigation, accident reconstruction, and expert testimony. Because the stakes include lengthy prison sentences and permanent felony records, it is important for a dui defense lawyer St. Augustine drivers turn to for help to begin reviewing evidence as early as possible. This can include examining crash reports, medical records, and any forensic testing so that we can identify weaknesses in the state’s case and advise you about your options at each stage.
Third-Degree DUI Felonies
- Three or more DUI felonies within 10 years: The penalties include a fine of no more than $5,000 and five years of imprisonment.
- DUI with bodily injury: Penalties include no more than a $5,000 fine and up to five years of imprisonment.
These charges can also trigger long-term driver’s license revocations, mandatory substance abuse treatment, and increased scrutiny from probation officers. In addition to the direct criminal penalties, a felony DUI can affect housing, voting rights, and future travel plans. When we evaluate a case of this seriousness, we look closely at prior convictions, police procedures during the stop, and whether all statutory requirements were followed so that a drunk driving attorney St. Augustine residents hire can raise every appropriate legal challenge.
Securing Evidence in Your DUI Case
St. Augustine DUI Attorneys Urge You to Check Your Footwear
Your St. Augustine DUI and driving offense lawyers will want to know what kind of shoes you were wearing at the time of your DUI arrest. Sometimes women will be asked to do a sobriety check while wearing high heels, and certain men may have to perform such checks in cowboy boots. Balance tests can therefore be unfair and inaccurate when the subject is wearing shoes that do not support the feet properly or that do not allow for proper balance.
You will be advised by your St. Augustine attorneys to make sure that you keep your shoes in the same condition they were at the time of your sobriety balance test. This will prevent claims that your shoes have since been worn out or altered.
It can also help to write down where you were stopped, what the road surface was like, and whether there were any potholes, gravel, or uneven shoulders that might have affected your balance. In parts of St. Augustine, roadside shoulders can be sloped or sandy, which makes heel-to-toe walking more difficult even for a completely sober person. A dui lawyer St. Augustine drivers retain can use these details, along with photographs of the area and your footwear, to show a judge or jury why your performance on the test may not accurately reflect your level of impairment.
St. Augustine DUI Lawyers Discuss Witnesses
You will definitely need to find all witnesses. Every witness involved needs to provide your St. Augustine lawyers with the names and information of anyone you contacted during the evening of your arrest. It is vital that your St. Augustine DUI lawyers contact these witnesses as soon as possible so that they remember the important details of the evening you were arrested.
Although you may very well be a little bit reluctant to have some of the witnesses contacted because they will become aware of your DUI, this is a truly important step in your case for you and your St. Augustine lawyers. It can greatly aid in the case ending in your favor if you have proper witnesses to offer their defense for you. However, if you still do not want your St. Augustine lawyers to contact witnesses, your lawyers may have you sign a document stating that this was against their advice as legal professionals.
Helpful witnesses are not limited to people who saw you behind the wheel. Friends you were with earlier in the evening, servers who interacted with you, and even rideshare drivers may be able to describe how you were walking, talking, and behaving before the traffic stop. In a busy tourist area like downtown St. Augustine, there may also be security cameras at nearby businesses that recorded you leaving a restaurant or bar. A drunk driving lawyer St. Augustine clients work with can use these accounts and any available video to compare your appearance before the stop with how the officer claimed you were acting at the roadside.
What Field Sobriety Tests Are Valid?
If you have been subjected to a traffic stop on suspicion of driving under the influence, law enforcement may conduct certain tests to determine your sobriety. The suspect may be asked to make written statements, pronounce certain words, or say the alphabet. It has been decided that these so-called tests do not indicate whether or not a driver is sober.
If the suspect has a problem reciting the alphabet, it could be due to reasons other than alcohol intoxication, for example:
- A problem with English
- Issues with pronunciation
- A lack of reading skills
Problems with the writing test could simply be due to bad handwriting, nervousness, or a physical illness. Your St. Augustine DUI attorney will point out the potential flaws of these tests.
Standardized field sobriety tests are supposed to be given the same way in every case, but that does not always happen during roadside stops in St. Johns County. Officers should give clear instructions, demonstrate the tasks, and take into account any medical issues or physical limitations you mention. When a dui defense attorney St. Augustine residents consult reviews your case, we look closely at body camera footage and police reports to see whether the officer followed training or rushed through the process. Any inconsistencies between the training manuals and what happened during your stop can become part of a strong challenge to the state’s evidence.
What Does Science Say About Non-Standardized Field Sobriety Tests?
A study has also concluded that a handwriting test cannot accurately measure the blood alcohol content of the writer. Handwriting tests are used to show that the handwriting is not legible, messy, or hard to read—thus a reflection of bad motor skills and evidence of the influence of alcohol. If you were stopped on suspicion of DUI and given a handwriting test, a skilled DUI lawyer can reference this study to show that estimating blood alcohol content based on a handwriting sample is impossible.
A January 1984 report called “Improved Sobriety Testing” concluded that three tests give officers grounds to make an arrest. These are the one-leg stand test, the walk-and-turn test, and the horizontal gaze nystagmus test. Other frequently used sobriety tests do not provide enough justification for the officer to decide whether or not to make an arrest.
Despite this research, some officers in Florida still rely on non-standard tasks such as counting on fingers, touching the tip of a pen, or following unusual instructions that are not supported by scientific studies. A dui defense lawyer St. Augustine drivers hire can bring in reputable studies and, when appropriate, expert testimony to explain why these demonstrations are unreliable indicators of impairment. By focusing the court’s attention on recognized, validated testing methods, we work to prevent unscientific observations from carrying undue weight in your case.
Knowledgeable DUI Attorneys in St. Augustine, Fighting for Your Rights
In reality, sometimes even the best people can make mistakes. When facing a DUI/DWI charge, you have the right to be represented by a qualified lawyer who can use their knowledge and experience to fight for your rights. Our team is committed to making your side heard and making sure your rights are protected through every step of the process.
At Canan Law, our attorneys will fight for you, challenge every procedure, and protect every right you have. We often challenge sobriety test results from Breathalyzers and Intoxilyzers as well as police procedures. We help you pursue the best possible outcome for your case.
When you work with a drunk driving attorney St. Augustine residents know in the community, you also gain the benefit of local insight into how DUI cases are handled in the St. Johns County system. We can explain how prosecutors typically approach different types of DUI charges, what to expect at hearings in the county courthouse, and how an administrative license suspension interacts with your criminal case. By keeping you informed at each step and answering your questions, we aim to reduce uncertainty so that you can make thoughtful decisions about your future.
Here are some of the ways our team can assist you throughout a DUI case:
- Reviewing the traffic stop. We examine whether law enforcement had a lawful reason to stop your vehicle and whether your rights were respected.
- Analyzing field and chemical tests. We look for problems with the administration of roadside exercises and any breath or blood testing.
- Handling DMV deadlines. We help track and respond to important license-related dates with the Florida Department of Highway Safety and Motor Vehicles.
- Preparing you for court. We explain what to expect in St. Johns County courtrooms so you can feel more confident at each appearance.
- Exploring resolution options. We discuss potential outcomes, including negotiated resolutions and the process of taking a case to trial.
How St. Augustine DUI Cases Move Through The System
After a DUI arrest in St. Augustine, your case will usually begin with a first appearance in the St. Johns County jail or courthouse, followed by an arraignment date in the Seventh Judicial Circuit. At each of these stages, you will be asked to make important choices, such as how to plead and whether to waive certain rights. A dui attorney St. Augustine drivers contact early in the process can review the citation, police reports, and any video so that you are not making these decisions in the dark.
As your case progresses, there may be motion hearings where legal issues are argued, such as whether the officer had a valid reason to stop your vehicle or whether test results should be excluded. If your case does not resolve through negotiations, it can be set for trial before a judge or jury in St. Johns County. Understanding this timeline helps you plan for work, family responsibilities, and transportation needs while your case is pending.
During this process, deadlines with the Florida Department of Highway Safety and Motor Vehicles run alongside your criminal court dates. Missing a deadline or court appearance can lead to additional problems, including warrants or longer license suspensions. We help you keep track of these requirements, prepare for each hearing, and understand how choices in criminal court may affect your driving record, insurance, and other parts of your life in and around St. Augustine.
Common Concerns About DUI Costs And Consequences
Many people worry first about fines, but the total cost of a DUI can go far beyond what is listed in the statute. Court costs, higher insurance premiums, ignition interlock fees, and the price of required classes can add up quickly for drivers in St. Johns County. A dui defense attorney St. Augustine residents consult can walk you through the kinds of expenses that might apply in your situation so you can plan ahead and avoid surprises.
People also have questions about how a DUI will affect employment, schooling, or military service. Some employers run regular background checks or require clean driving records for positions that involve company vehicles or work in sensitive locations around Northeast Florida. We can discuss how a conviction, reduced charge, or dismissal may appear on your record and what steps you might take over time to lessen the impact on your future opportunities.
Another common concern is how a DUI will affect everyday life in a city where many people commute along U.S. 1, State Road 16, or I-95 for work. License restrictions can limit when and where you are allowed to drive, which may make it harder to get to jobs in neighboring areas like Jacksonville or Palm Coast. By understanding your goals and responsibilities, we can help you evaluate legal options that consider both the short-term and long-term consequences of your case.
Frequently Asked Questions
Will I Have To Go To Court For My DUI Case?
Most DUI cases in Florida require at least one court appearance, and in St. Johns County you can expect your case to be heard at the local courthouse. In some situations, an attorney can appear on your behalf for certain hearings, but there are often key dates where your presence is required. You will receive notice of these dates, and it is important to talk with your lawyer about which hearings you must attend and how to prepare.
Can I Refuse A Breath Test During A DUI Stop?
Florida’s implied consent law means that drivers who refuse a breath test after a lawful arrest may face additional license consequences. A first refusal can result in a separate license suspension, and later refusals may carry even harsher penalties. Whether a refusal was recorded correctly and whether the officer followed procedures can be important issues in your case, so it is helpful to review the circumstances of any refusal with a lawyer familiar with DUI law.
How Long Will A DUI Stay On My Record?
In Florida, a DUI conviction can remain on your driving record for many years and may be considered if you are arrested again in the future. Criminal records and driving records are maintained separately, and each can affect different parts of your life, from insurance rates to job applications. Because of the lasting nature of these records, it is important to understand all available legal options before deciding how to resolve your case.
What Is The Difference Between A DUI And A Reckless Driving Charge?
DUI is a specific charge that involves allegations of driving while impaired by alcohol or drugs, while reckless driving focuses on the manner of driving itself, such as excessive speed or dangerous maneuvers. In some cases, prosecutors may consider amending a DUI charge to reckless driving as part of a negotiated resolution. The consequences and long-term impact of these charges can be different, so it is useful to talk with a lawyer about how each option could affect your record and driving privileges.
Can A DUI Affect My Out-Of-State Or Out-Of-County License?
If you hold a license from another state or live outside St. Johns County, a Florida DUI can still follow you home. Many states share driver information, and a suspension or conviction here may lead to action by the licensing authority where you live. Understanding how Florida reports DUI outcomes and how other states use that information can help you anticipate what to expect once your case in St. Augustine is resolved.
Want to Keep Your Driver’s License? Time Is Running Out.
It is important to realize that a DUI charge also has an administrative component. You only have 10 days after a DUI arrest to contact the Florida Department of Motor Vehicles (DMV) to request a hearing on your license suspension and get an extension of your temporary license. Consulting an experienced DUI attorney St. Augustine residents turn to quickly can improve your chances of protecting your driving privileges.
Our DUI and driving offense lawyers in St. Augustine are standing by to give you the support and defense that you need.
Contact our St. Augustine DUI defense attorneys for a free consultation about your arrest. Call or contact us online. We offer competitive rates and a swift response for clients.
Our Recent Case Resolutions
Dedicated to Fighting On Your Behalf
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$3,500,000 Wrongful Death
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$2,000,000 Wrongful Death
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$1,010,000 Industrial Accident
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$850,000 Auto Accident
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