Saint Lucie DUI Lawyer

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Over 40 Years Combined Experience

Serving Fort Pierce, Stuart, Vero Beach, Port St. Lucie, Indian River County and Martin County

Help from a Saint Lucie DUI Lawyer

If you have been charged with a DUI in Florida, you might be concerned about how it might affect your license and your future. A drunk driving conviction could result in a jail sentence, license suspension, and hefty fines even if this is your first offense. It’s important to take immediate action following your arrest to prevent the loss of your license and improve the potential outcome of your case. Once you have been arrested for a DUI, you will only have 10 days to file an appeal for your license suspension. If you don’t appeal your license suspension, it will be administratively suspended separately from the criminal case pending against you. It is critical for you to speak to a Port Saint Lucie DUI lawyer at Kirschner & McEnery immediately following your arrest. Combined, we have more than four decades of experience fighting DUIs and other criminal charges and can fight for your rights.

Defending Against DUI Charges in Port St. Lucie

If you are facing DUI charges, your experienced Port St. Lucie DUI defense attorney at Kirschner & McEnery Law will carefully review all of the evidence in your case to determine the best legal strategy for your case. The defense that might apply in your case will depend on several factors, including whether this is your first offense and if there are any aggravating factors. Your lawyer will also look for any errors made by the police during the stop, investigation, arrest, and testing. DUI laws in Florida are complex, making it important for you to work with a skilled Port Saint Lucie defense lawyer instead of trying to handle your case on your own or choosing a less experienced attorney. The lawyers at Kirschner & McEnery are very knowledgeable about DUI laws and have extensive experience defending people who are charged with these types of offenses both in and out of the courtroom.

What Are the Penalties for DUIs in Florida?

Florida treats drunk and drugged driving seriously. The penalties you might face if convicted will depend on your blood alcohol concentration (BAC), your criminal record, and whether you were involved in a crash.

First-Offense Standard DUI

Under § 316.193, Fla. Stat. (2022), the penalties for a first-offense DUI without a high BAC and that doesn’t involve a collision carries the following potential penalties:

Up to a maximum of six months in jail
Fine from $500 up to $1,000
Probation for six to 12 months
DUI school/treatment
50 community service hours
License suspension from six to 12 months
10-day vehicle impoundment or immobilization
Installation of an ignition interlock device

Second-Offense Standard DUI

If you have a prior DUI conviction, you will face the following penalties:

Jail of up to nine months
Fine from $1,000 to $2,000
Mandatory installation of an ignition interlock device for at least 12 months
License suspension
Mandatory probation
DUI school/treatment
Vehicle impoundment/immobilization

Third DUI Within 10 years

A third DUI conviction within 10 years is a third-degree felony carrying the following potential penalties:

Up to five years in prison
Fine of up to $5,000
Two-year ignition interlock installation
License suspension
Other penalties

Third DUI Beyond 10 Years

A third DUI conviction outside of 10 years will result in the following potential penalties:

Up to 12 months in jail
Fine from $2,000 to $5,000
Mandatory ignition interlock installation for two years
License suspension
Other penalties

Two DUIs Within Five Years

If you receive two DUI convictions within five years, your license suspension will be five years. Your vehicle will also be impounded for a longer period. The court will have to sentence you to some jail time, but the attorneys at Kirschner & McEnery Law might be able to negotiate you receive inpatient treatment instead of jail.

DUI With a BAC Above 0.15%

If your BAC test results are higher than 0.15%, you will have to have an ignition interlock device installed on any vehicle you drive for a minimum of six months. The installation and maintenance of the device will be at your expense.

Four or More DUIs

If you are convicted of a fourth DUI, you will face felony charges regardless of how long it has been since your last conviction. If you are convicted, your license will be permanently revoked. You will also face up to five years in prison and a $5,000 fine along with other penalties.

Types of DUI Charges in Florida

There are different types of DUI charges in Florida that depend on whether there are any aggravating factors present. The charge you might face will depend on the following factors:

Whether you have one or more prior DUI convictions
Your BAC level
How long has elapsed between a prior DUI arrest and conviction date and your current offense
Whether you were involved in a property-damage-only accident
Whether you were involved in an injury accident or a fatal crash

Some of the types of DUI charges that can be prosecuted include the following:

Multiple offense DUI
Felony offense DUI
DUI causing serous bodily injury
Aggravated DUI
Commercial vehicle DUI
DUI causing property damage
Zero-tolerance/underage DUI
Drug DUI
DUI manslaughter
Boating under the influence (BUI)

Implied Consent in Florida

Florida has an implied consent law found in § 316.1932, Fla. Stat. (2022). Under this law, you are deemed to have consented to chemical testing of your breath or blood when you obtained your driver’s license. This means that you do not have the right to refuse chemical testing after you are arrested for a suspected DUI. If you do refuse, you will have an additional mandatory license suspension.

Potential DUI Defenses

Some of the potential defenses that might apply in your case include the following:

Lack of reasonable suspicion to stop your vehicle
No probable cause to support your arrest
Improper administration of field sobriety tests at the roadside
Improperly calibrated or maintained breathalyzer
Expired certification of the breathalyzer equipment or administering officer
Blood drawn improperly
Break in the chain of custody of your blood sample
Incorrect lab analysis
Improper storage and transport of your blood sample
Health problems you have that could affect the test results or your driving

During the investigation, your attorneys will look for these and other factors that could potentially result in an outright dismissal of your charges or a favorable plea to reduced charges or a lesser sentence. Our attorneys have extensive experience with motion practice, negotiations, and trials and are fully prepared to defend you.

Get Help from a Saint Lucie DUI Lawyer at Kirschner & McEnery Law

Facing a DUI charge can be a scary experience, and you should not attempt to handle it on your own. The Port Saint Lucie DUI attorneys at Kirschner & McEnery have the right types of legal skills, knowledge, and litigation experience to present the strongest possible defense case on your behalf. To learn more, contact us today to schedule a consultation by calling us at (772) 489-8501.

To read about the DUI Process click here.

To read DUI FAQ’s click here.

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What Are Clients Have to Say

Testimonials from our clients after working with our Fort Pierce Criminal Lawyers

Joshua Laurence
Google Review
Jonathan “Jay” Kirschner helped my family deal with a number of legal challenges in the Treasure Coast and Fort Pierce areas. Jay is diligent, tenacious, firm, understanding and transparent. We’ve found him to be more in the nature of a very high-priced, boutique, full-service criminal law firm and much more honest than other attorneys we’ve spoken to over the years. Don’t laugh, there are honest and fair attorneys — not many — but Jay is definitely one! Jay is available 24/7.
Matt Santizo
Google Review
Stephanie is the best lawyer I can recommend for your needs. She helped defend me in the most professional way I could ever imagine. She was subject to many scathing emails, and resistance at every angle from the opposition, and she acted with the utmost integrity every single time. She and her entire office staff were fully invested in my case and gave several hours to make sure the results came in my favor and justice prevailed. I would use Stephanie McEnery again in a heartbeat and would recommend her to everyone who needs to win a case.
Brian Segal
Google Review
Jonathan Jay Kirschner is an excellent attorney. Mr. Kirschner is the person you want to defend you when you find yourself in a position you did not mean to be in. Mr. Kirschner was always readily available when I had any questions or needed to contact him. He has a great staff that were all on my side and worked tirelessly to help me with my case. I can’t thank Mr. Kirschner enough, I highly recommend him for criminal defense matters.
Pam Blanchard
Google Review
Again, I have had a reason to contact Jay Kirshner. Mr. Kirschner is the best. Honest and completely thorough. Not an attorney to just take your money. He goes over and above for just results. Anyone looking for the best criminal attorney cannot find a better one than Jay Kirschner. He does not make promises he cannot keep and is very upfront about your legal case. He gets results and is second to none. They don’t get any better than Mr. Kirschner.
Jonathan Dark
Google Review
After I was falsely accused of a crime, I contacted Stephanie McEnery, Esq. Stephanie McEnery was a true professional from the moment we met. She listened carefully to my situation, assessed, gather evidence and took action. No charges were filed against me due to Stephanie McEnery’s proactive approach to defending me. Further, Stephanie McEnery understood what my family had been going through for many years and protected my family when we filed and received an injunction for protection. If you need a defense attorney, I highly recommend a consultation with Stephanie McEnery today!
Anaz
Google Review
When I look back to how desperate I was for help with my case, I’m more than grateful to have had Stephanie work with me. She showed great consideration for the situation and kept me up to date with everything. Most importantly, she always responded right away to phone calls and emails. I highly recommend hiring Stephanie to defend you; the professionalism, experience, and the compassion she had for my family were all there.
Raquel Mendoza
Google Review
Will definitely recommend Stephanie she gets the case done fast and also explains your options before signing any contract. Will work with her again in future if any legal problems come again.

Jonathan Jay Kirschner, Esq. Awards & Ratings