A DUI charge in Florida triggers two separate cases at once: a criminal case in court under section 316.193, Florida Statutes, and an administrative case that suspends your driver’s license immediately if your breath or blood alcohol level is above the legal limit of .08 or if you refuse a lawful sample of your breath or blood to determine its alcohol content. Charges range from a standard DUI to DUI manslaughter, DUI with serious bodily injury, criminal refusal, and Boating While Under the Influence. In Jacksonville, John Rockwell, a former prosecutor and criminal defense attorney, defends the full range of DUI and impaired-driving cases. [1]
The DUI cases Eagle Rock defends
- DUI and repeat / felony DUI (a third within ten years, or a fourth, is charged as a felony) [1]
- DUI Manslaughter — a second-degree felony under section 316.193(3) [1]
- DUI with serious bodily injury — a third-degree felony under section 316.193(3) [1]
- Criminal Refusal — refusing a lawful breath or urine test, a separate criminal offense under section 316.1939 [3]
- Boating While Under the Influence (BWI)
Two cases in one: criminal and administrative
After a DUI arrest, Florida begins an administrative suspension of your driver’s license through the Department of Highway Safety and Motor Vehicles — separate from the criminal case in court. There is a short window, generally ten days, to request a formal review hearing to challenge that suspension or pursue a hardship license. Missing it can forfeit options, so both tracks need attention immediately. [4]
Implied consent, refusal, and field sobriety exercises
Under Florida’s implied-consent law, section 316.1932, anyone who accepts a Florida driver’s license is deemed to have consented to a lawful breath, blood, or urine test. Refusing that test carries an administrative license suspension — one year for a first refusal and eighteen months for a subsequent one — and, under section 316.1939, a refusal can also be charged as a separate criminal offense. Field sobriety exercises are different: they are not mandatory under Florida law and are not strictly pass-or-fail, and officers weigh the totality of the performance rather than a score. [2] [3]
Where the defense lives
DUI cases frequently hinge on technical evidence: the legality of the traffic stop, how field sobriety exercises were administered, and the procedures, calibration, and timing behind breath, blood, or urine testing. Each of these is a potential point of challenge, and a successful motion can narrow or end a case. Because DUI manslaughter and serious-bodily-injury cases turn on causation, accident reconstruction and the reliability of the chemical evidence become central.
A former prosecutor on your side
John Rockwell prosecuted cases in Duval County before becoming a defense attorney, and he understands how the State builds a DUI case and where it can be challenged. Eagle Rock Defense Group keeps a deliberately limited caseload so that DUI clients receive direct, personal attention from the attorney handling the matter.
Eagle Rock Defense Group represents clients across Duval County and the surrounding Northeast Florida region, including St. Johns, Nassau, Clay, Flagler, Baker, and Bradford counties. Call Eagle Rock Defense Group at 904-310-7501 for a confidential consultation.
Frequently Asked Questions
What happens to my license after a DUI arrest?
Florida begins an administrative license suspension separate from the criminal case, and there is generally a ten-day window to request a formal review hearing or pursue a hardship license. Acting quickly is important. [4]
What is criminal refusal?
Refusing a lawful breath or urine test after a DUI arrest carries an administrative suspension and, under section 316.1939, can be charged as a separate criminal offense. It is treated differently from declining field sobriety exercises. [3]
Do I have to perform field sobriety exercises?
Field sobriety exercises are not mandatory under Florida law and are not strictly pass-or-fail. Officers weigh the totality of the performance. Declining them does not, by itself, create a separate criminal charge the way refusing a lawful breath, blood, or urine test can. [2]
When does a DUI become a felony?
Under section 316.193, a Florida DUI can be charged as a felony where there is a third or subsequent DUI conviction, a DUI with serious bodily injury, or a death (DUI manslaughter). The classification depends on the facts and your record. [1]
What is BWI?
BWI is Boating While Under the Influence — operating a vessel while impaired. It is prosecuted similarly to DUI and carries serious consequences. Eagle Rock Defense Group defends BWI charges.