Jacksonville DUI Lawyer: Over the Limit, Under Arrest?

Mothers Against Drunk Driving (MADD) and police departments across the nation ran a nationwide campaign titled “Over the Limit, Under Arrest.”  According to Florida’s Driving Under the Influence (DUI) laws, it is unlawful to drive a vehicle with a breath-alcohol level of 0.08 or higher.  In Jacksonville, Florida, the legal “limit” that is referred to in the MADD campaign is a breath-alcohol level of 0.08.  However, the phrase “Over the Limit, Under Arrest” is not true at all.  

As Jacksonville DUI Attorney, I have handled hundreds of Driving Under the Influence cases.  In 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 police station.  At the police station, he is asked to provide a breath sample.  If he refuses to give a sample, he is still under arrest.  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 Jacksonville DUI Attorney, I have tried many DUI cases.  In jury selection, I ask the panel if they know that even if you pass a breath test, you are not “unarrested.”  You still spend the night in jail on Jacksonville DUI charges.  In every Jacksonville DUI case, the jury is surprised to learn this.  Likely, their surprise is due to what the see on television which includes DUI ads like “Over the Limit, Under Arrest.”
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