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If you are facing DUI charges in Port St. Lucie, you may be overwhelmed and stressed. You might be facing high fines, jail time, and the loss of your driver’s license. The Law Office of david g. simmons is a DUI defense law firm in Port St. Lucie, Florida who offers legal assistance to individuals facing DUI charges. Our firm can review the circumstances surrounding your DUI arrest, take a look at your criminal history, and help you understand your legal options. In some cases, our firm may be able to fight your DUI in court, or we may be able to help you negotiate a plea deal that will be in your best interests. The consequences of having a DUI on your record can be high. In addition to fines and the loss of your driver’s license, you could also face higher costs for insurance, as well as difficulty getting certain jobs due to having a criminal record. Protect your rights and your reputation. Contact the DUI defense attorney at the Law Office of david g. simmons in Port St. Lucie, Florida today.


Florida DUI Law: What You Need to Know


Under Florida law, you can face DUI charges if you are found to have a blood alcohol concentration above 0.08, or if you are found to be driving while under the influence of drugs, controlled substances, or even prescription drugs that impair your ability to operate a motor vehicle. The consequences you’ll face for a DUI will depend on whether this is your first DUI or a subsequent DUI. What are the consequences of a first-time DUI?


  • A fine of at least $500, but higher fines may apply if the blood alcohol concentration was excessive or if there was a minor in your car

  • Possible jail time up to six months, or nine months if there was a minor in the car, or if blood alcohol concentration was excessive.

  • Impoundment of your car for at least 10 days.

  • Loss of your driver’s license for up to one year.


The consequences can be more serious if another person was injured or killed in a crash involving alcohol or substance use. Furthermore, individuals with a second-time, third-time, or subsequent DUI can also face higher consequences. These consequences also don’t take into account the collateral consequences of having a DUI on your record. For example, if you have a DUI on your record, you might face higher insurance costs. Individuals with a DUI may also face additional challenges because they will have a criminal record. For example, they may have trouble getting certain jobs, particularly jobs involving driving. They may also face challenges if they want to access certain federal assistance programs.


If you are facing first-time DUI charges, or subsequent DUI charges, reach out to the Law Office of david g. simmons in Port St. Lucie, Florida today. Our firm may be able to assist you with fighting your DUI or seeking a plea deal. Don’t try to navigate the criminal justice system alone.


DUI Defenses


You may have a range of DUI defenses available to you if you are facing DUI charges. What are some DUI defenses? Here are few options that the Law Office of david g. simmons in Port St. Lucie, Florida may have for you:


  • Probable Cause. Police must have valid reasons to pull you over in the first place. Unless you were stopped at a DUI checkpoint, you may be able to fight your DUI if officers racially profiled you or didn’t have proper cause to pull you over. Evidence for your DUI must also be gathered legally.

  • Improper Handling of DUI Evidence. Evidence supporting your DUI charges must be gathered legally. Under Florida’s implied consent laws, driving implies consent to submit to a breath or blood test. If you refuse to submit to these tests, you can lose your license and your refusal could be used as evidence against you in court. However, officers who gather evidence for your DUI must take proper steps when gathering evidence. For example, in order to perform a blood test, officers may need to get warrant. When taking a breath test, officers must use a breathalyzer that has been properly calibrated and maintained. Blood work must be properly handled and results must not be delayed. Furthermore, you have a right to submit your own blood work as evidence to the court if you have been arrested. Contact the Law Office of david g. simmons, a DUI law firm in Port St. Lucie, Florida to protect your rights if officers have asked you to submit to breath tests or blood tests and the tests resulted in your arrest for a DUI.

  • Miranda Warnings. Officers must read you your Miranda Warnings if you are arrested and they must also deal with you in a manner that respects your civil rights. If officers used excessive force, racially profiled you, or failed to read you your Miranda warnings, you may have the right to challenge any evidence gathered after your arrest.

  • Other Explanations for Erratic Driving. Some individuals may have medical conditions that can result in failing roadside impairment tests or field sobriety tests. For example, if officers believe that you were under the influence of chemical substances, but you have a condition that affects your balance or would otherwise result in your failure of roadside sobriety tests, you may be able to defend against a per se DUI in court. Not all DUI charges are supported by blood or breath test results.


These are just some of the DUI defenses that may be available. If the evidence the prosecution has is strong, you may also be able to arrange for a plea deal. Sometimes charges may be reduced if you are willing to attend alcohol and substance use courses. In other cases, license suspension might be able to be avoided if you are willing to use an ignition interlock device that would measure the alcohol in your system before you drive.


The prospect of facing jail time or consequences for a DUI charge can be scary and stressful. Contact the DUI defense lawyer at the Law Office of david g. simmons in Port St. Lucie, Florida today. Our firm can review your situation and help you plan the best course forward. When your reputation, your freedom, and your rights are on the line, contact us today to learn more.

DUI Defense Lawyers in Port St. Lucie, Florida

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