Arrested for DUI in Jacksonville Florida Even if You Are Not Over the Limit

When it comes to Jacksonville Florida DUI cases, you have probably heard the phrase “over the limit, under arrest.”  Years ago, Mothers Against Drunk Driving (MADD) and police departments in Florida and across the nation, ran a campaign titled “Over the Limit, Under Arrest.”   In fact, the Florida Department of Transportation Memorandum states that Florida Law Enforcement launched a statewide crackdown on drunk driving in Jacksonville and the rest of Florida.  Whether you are a Florida driver in Orange Park, St. Augustine, Atlantic Beach, or Jacksonville, police officers will arrested you if they believe that you are impaired and driving your car in Florida.  This Florida DUI memorandum states that Florida police officers have vowed to arrest everyone that is found driving “over the limit” in Florida cities, such as Jacksonville.

As Jacksonville DUI Attorney, I have handled hundreds of Driving Under the Influence cases.  In almost every Jacksonville DUI case that I have seen, the driver was arrested before he gave a breath sample.  With Jacksonville DUI cases, the driver is arrested for DUI and then taken to the Duval County police station.  At the Duval County police station, he is asked to provide a breath sample after he has already been accused of drinking and driving in Jacksonville.  If he refuses to give a sample, he is still under arrest in Jacksonville.  Even if he gives the sample and blows under the legal limit, he is still under arrest.  Therefore, in Jacksonville, there is no such thing as “Over the Limit, Under Arrest.”  If a police officer suspects that you are driving under the influence, you will be arrested for a DUI in Jacksonville.  The legal limit has nothing to do with it.

As a DUI Jacksonville Lawyer, I have had my fair share of Jacksonville driving under the influence cases.  I have tried DUI cases in Florida.  Some of the Jacksonville DUI cases that I have tried included a blood-alcohol level or breath-alcohol level results, and some did not.  Some of the Jacksonville DUI trials that I have handled were based on refusals of a Florida DUI breath test.

Any Jacksonville DUI Lawyer will tell you that if you are going to try a Florida driving under the influence case in Jacksonville, selecting the jury is very important.  When I am choosing a jury for a Jacksonville DUI trial, I always want to know the DUI jury panels experience with Jacksonville DUI charges and breath-alcohol tests, such an the intoxilyzer.  As a Jacksonville driving under the influence attorney that is defending a person charged with DUI , I want to know if the juror has ever been arrested for DUI in Jacksonville.  I want to know if the juror has ever been accused of drinking and driving in Florida.  I want to know about the juror’s Jacksonville DUI arrest.  Although the juror in this Jacksonville case and not on trial for DUI, I need to know what he or she knows about the legal limit for drinking and driving in Florida and procedures for DUI arrests in Jacksonville.

If a juror has ever been accused or arrested for drinking and driving in Jacksonville, he or she know that the Florida driver is arrested for DUI even before he or she gives any kind of breath test for the Jacksonville DUI.  If the Jacksonville police officer believes that the driver has been drinking and driving to the extend that his or her normal faculties are impaired, the Jacksonville police officer will arrested the Florida driver for DUI in Jacksonville.  After the Florida driver is under arrest for Jacksonville DUI, he or she is taken to the Duval County Florida jail to give a breath sample using the intoxilyzer (breath test machine).  Even if the Florida driver accused of DUI in Jacksonville passes the breath test at the Duval County jail, he or she is not “unarrested” and released from jail.  He or she will still spend the night in jail on Jacksonville DUI charges.  The Florida driver that was arrested for driving under the influence will still need to fight the Jacksonville DUI charges.

With advertisements and public service announcements about drinking and driving in Jacksonville, such as “Over the Limit, Under Arrest,” many people believe that you must be over the legal limit to be arrested for a Florida DUI.  The legal limit for DUI cases in Florida is a 0.08 breath or blood alcohol level.  However, even if you do not have a breath or blood alcohol level of 0.08 or higher, you can still be arrested and charged with DUI in Jacksonville, Florida.


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