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DUI FAQ

Facing drunk driving charges is a confusing and traumatic time. In addition to defending Jacksonville clients in the courtroom, Bill Roelke keeps his clients informed and answers questions they have. Here are a very common questions that people facing DUI charges might have.

Frequently Asked Questions about Jacksonville Drunk Driving Charges
Is a Dui Really That Big of a Deal?

Yes, it is. Drunk driving may be the most common offense in Duval County, but that doesn’t mean the consequences are not severe.

You could face very serious fines, restrictions on your ability to drive, and, in some circumstances, time in jail. You’ll also have to contend with a permanent criminal record and heightened insurance premiums.

This may be your first DUI charge, and you may not intend to get another. However, it’s very unlikely you intended to be charged with this one. Do whatever you can to keep this off your record. A lawyer can help.

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What Happens If I Lose My License?

If you fail a DUI test or refuse one, you have 10 days to request a hearing from the Department of Motor Vehicles. If you decline to do so, your license will be suspended for a certain time.

During that time, you will be unable to legally drive. If pulled over, you may face misdemeanor charges of Driving With a Suspended License, which is a separate offense with its own penalties. If convicted of DWLS for a third time or of Driving While License Permanently Revoked, you will face charges of a third degree felony.

If facing your first DUI, you may be able to obtain a hardship license after completing DUI school. If it is your second DUI, you must wait at least a year before being able to obtain a hardship license.

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If I Failed a DUI Test, Do I Still Have a Case?

Yes. An attorney can still put together a strong defense if you took and failed a breath test, blood test, urine test or field sobriety test.

Each test has flaws. An FST may not have been conducted properly. A chemical test could have been made with equipment that was not properly cleaned or calibrated. There are also inherent flaws in all the different tests.

Additionally, there are issues with procedure that may be used as a defense. To make a traffic stop, police must have sufficient reasonable suspicion — an articulable set of facts that would objectively suggest there is criminal activity afoot. Police cannot pull you over on a hunch. If they did not have sufficient reasonable suspicion to make a stop, the entire arrest may be thrown out.

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What Is the Difference Between DUI and DWI?

In Florida, the crime of driving or being in actual physical control of a motor vehicle while under the influence of an intoxicating substance is called Driving Under the Influence, or DUI. In other states, the same offense may be called Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), Operating While Intoxicated (OWI), Operating a Vehicle under the Influence (OVI) or something different.

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Refused a DUI Test. Is My Case Over?

No. For one thing, test refusal triggers an administrative license suspension. You have 10 days to request a formal hearing before the Department of Motor Vehicles. At the hearing, your lawyer can argue why the stop may have not been justified and why your license should not be suspended.

While refusal to take a test denies prosecutors of critical evidence, it does not mean they will not pursue charges. Police could testify that you had slurred speech, an unsteady gait and/or smelled of alcohol. Your attorney can cross-examine the officers and show all reasonable doubt in the case against you.

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Will a DUI Stay on My Record?

If you are convicted of or plead guilty to driving under the influence, you will not be able to seal or expunge the conviction. It will remain permanently on both your criminal record and your driving record.

If your lawyer is able to obtain some sort of deferred adjudication, if the charges are dropped or you are acquitted, you may seal and/or expunge the records as long as certain requirements are met. Roelke Law can help you with that process, even if we did not represent you on the initial DUI charge.

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Client Reviews
★★★★★
I originally hired a trial attorney for my case who was very expensive. My friend recommended William Roelke and I hired him instead for my case. He reviewed my case carefully and all the presented evidence I provided. What I like about this attorney is prompt responses to my inquires, detailed explanation of my options in the court, aggressive approach to fight the case, and affordable rate. He's very easy to work with, I would recommend to anyone. Simir S.
★★★★★
Mr. William Roelke is outstanding. Beyond comparison, marvelous is the display of his craft. His professional demeanor and wonderful insight is amazing. Mr. Roelke has superior character and insight. Should you be in need of services, please don’t hesitate to engage, Mr. William Roelke. Simply The Best! Frederick K.
★★★★★
What a pleasure to have Mr. Roelke in your corner! I have been very impressed from my first contact with Bill. He was very prompt to return my initial phone call, and he has always been forthright about our case options, and the advice given. Very calm and highly competent. He accomplished every goal as discussed and backed up his words with action. A true friend indeed. Kevin B.
★★★★★
William Roelke is an experienced, ethical, well prepared, well educated, top notch attorney. I give William Roelke my highest recommendation. He guided our family through a complex set of charges, communicated with us on a regular basis, represented us well and the result....all charges dismissed. Having the right attorney during a crisis like this is essential. I thank God we chose him, we are forever grateful to him. Carol F.
★★★★★
I am very glad to have contacted William Roelke about my case. William was very professional, calm and well-spoken; I felt very comfortable doing business with him and I am more than pleased to say that my charges have been dropped. I highly recommend Roelke Law, William will surely take good care of you and your case. A true pleasure doing business, thanks again Bill! Jhon D.