Arrested in Escambia or Santa Rosa County? The hours after a DUI arrest decide what happens to a driver’s license and to the strength of a defense. Pensacola DUI lawyer James M. Burns helps people protect their license quickly, reduce penalties, and attack weak evidence.
James M. Burns Law answers calls at (850) 457-6002 and meets clients at 4502 Twin Oaks Dr, Pensacola, FL 32506. We act fast, so deadlines don’t make choices for you.
Act Immediately
Time is the first advantage a person can control. The 10-day rule means Florida will automatically suspend a license unless a DHSMV review or waiver is requested within ten days.
We help file the right option for your facts. We prepare the formal review request and start pulling the evidence, or pursue the immediate waiver route if that better protects daily driving needs.
We enroll clients in DUI school promptly, assemble paperwork, calendar deadlines, and map the steps to a business-purpose or employment-purpose license. Doing this early keeps leverage and keeps life moving.
Don’t post about the arrest on social media. Don’t contact officers yourself. Don’t miss the 10-day license deadline. Those three mistakes close doors that should stay open.
Florida DUI at a Glance
Florida DUI is charged with or without a chemical test result. A BAC of 0.08 or proof of impairment through driving pattern, observations, or testing can support a charge.
Drivers face choices about roadside field sobriety exercises, breath or blood testing, and potential consequences of a refusal. We explain these choices in clear language and focus on building a record that can be defended later.
Key Statutes
- § 316.193 (DUI): Defines DUI by impairment or 0.08 and sets penalties that escalate with priors and aggravating factors.
- § 316.1932 (Implied Consent): Says licensed drivers agree to testing and outlines consequences for refusals.
- § 322.2615 (Admin Suspension Review): Creates the DHSMV process that starts the day of arrest and triggers the 10-day clock.
- § 322.271 (Hardship): Allows restricted licenses after meeting conditions like DUI school and wait periods.
- § 316.1939 (Refusal): Criminalizes certain refusals, especially repeat refusals, and affects license eligibility.
These rules create both risks and opportunities. The right early moves preserve defenses for court and for DHSMV.
What Happens in a Pensacola DUI Case
The DUI process follows predictable stages that we navigate daily.
- Arraignment is the first court date to enter a plea and start the defense formally.
- Discovery is when we demand the state’s evidence, including videos, maintenance logs, body-cam, and lab documents. This is where inconsistencies and procedure errors surface.
- Motions are tools that can suppress illegal stops, toss unreliable test results, or exclude unfair evidence. Targeted motions change plea leverage and can end cases.
- Plea or trial is a decision made with full information. We analyze the facts, the judge, the state’s proof, and the client’s goals before advising any path.
We handle appearances, filings, and deadlines while clients handle work, school, and family. Every stage links to a specific action list so nothing slips.
Penalties & Enhancers
Florida penalties escalate with each DUI. A first offense can bring fines, probation, DUI school, community service, and license suspension, with potential jail if aggravators exist.
A second offense adds longer suspensions, higher fines, and likely ignition interlock. Prior convictions within five years can trigger mandatory minimums.
A third or subsequent DUI raises exposure significantly and can include felony treatment depending on timing. High BAC, crash with injury, a minor in the vehicle, or repeated refusals enhance penalties and narrow options.
Knowing the tier and aggravators early helps set realistic goals. The strategy should match the penalty landscape, not ignore it.
Defense Angles We Pressure-Test
Every defense starts with the stop. Reasonable suspicion for the stop and probable cause for arrest must be proven, not assumed.
Field sobriety exercises must follow NHTSA protocols, and conditions like footwear, surface, fatigue, injury, age, and medical issues impact reliability. Deviation from standards lowers credibility.
Breath and blood testing require strict calibration, maintenance, and operator compliance. Chain of custody, preservative levels, mouth alcohol, GERD, and instrument drift all matter in court.
Video and reports must match each other and the law. Inconsistencies create motion grounds, settlement leverage, or reasonable doubt at trial.
Defenses are not slogans. Defenses are proof problems that move results.
License Protection & Hardship Licenses
Driving privileges are defended on a separate track from the court case. A formal review can challenge the suspension and keep full driving on a temporary permit during the case.
An immediate waiver may make sense for certain first offense situations to secure a hardship more quickly. The choice depends on the facts, refusal status, and personal needs.
We file the request within ten days, gather arrest paperwork, prepare clients for testimony if a hearing is strategic, and map the DUI school and treatment milestones for hardship eligibility. The goal is to keep people driving legally and predictably.
Special Situations in Pensacola
Students and NAS Pensacola personnel face scheduling, base access, and security clearance concerns. We coordinate case obligations around duty or class and document progress to mitigate collateral consequences.
CDL drivers face strict disqualification rules that can end careers. We address both the court case and DHSMV exposure with an eye on job retention.
Out-of-state visitors and vacationers need help managing appearances and interstate license fallout. We minimize travel, arrange coverage for non-resident consequences, and keep insurance impacts in view.
Frequently Asked Questions (FAQs)
Should I plead guilty at first appearance?
The first appearance is not the time to surrender rights. People should enter a not-guilty plea, preserve defenses, and let counsel obtain discovery.
Will I have to install an ignition interlock?
Interlock depends on offense level, BAC, and case outcome. Smart negotiation or motion practice can avoid or shorten this requirement.
Do I need to do DUI school now?
Early enrollment helps hardship timing and can improve negotiation posture. We advise the right timing for your path.
Can I win if I refused the test?
Refusals complicate license issues but also remove a number the state would rely on. Many refusal cases are defensible through stop challenges and body-cam contradictions.
What should I expect at arraignment?
Arraignment is a brief hearing to enter a plea and schedule next steps. We appear with clients, protect rights, and start the discovery clock.
What is “discovery” in a DUI?
Discovery is the exchange of evidence. We demand all videos, machine logs, training records, and witness lists to build targeted motions.
Results & Local Experience
Local experience matters in Escambia and Santa Rosa courts. We know how DUI dockets move, which issues certain judges focus on, and how local agencies document stops and testing.
We prepare DHSMV hearings as seriously as court to protect licenses. We also track outcomes to repeat what works and avoid what doesn’t.
“James Burns came through for my dad when the situation looked rough – a violation of probation that could’ve gone the wrong way fast. Against the odds, he got him out of jail and helped our family breathe again.” – Brianna M.
How James M. Burns Law Fights a DUI Charge
Defense begins with the reason for the stop and expands through every procedure. Illegal lane stops, checkpoint errors, or weak driving patterns can sink probable cause.
NHTSA field tests break down when instructions are wrong, surfaces are uneven, or medical limits exist. We document those limits and highlight them on video and in testimony.
Breath testing hinges on machine maintenance, operator certifications, observation periods, and mouth-alcohol contamination. Blood testing depends on collection, storage, and lab protocols that often leave gaps.
Clients ask about refusals and Miranda. We explain the exact legal impacts and use those facts to shape the DHSMV plan and the courtroom defense.
What Happens to a Driver’s License After a DUI
The administrative suspension runs on its own calendar. We keep clients driving on temporary permits while we challenge the suspension or position for a hardship.
Escambia area drivers must complete DUI school steps, paperwork, and wait periods correctly. We calendar it all, file the pieces, and represent clients at review hearings when strategy calls for it.
The goal is simple. We keep people on the road legally while the case is fought properly.
Why Work With a Local Pensacola DUI Attorney
Local counsel knows court rhythms, prosecutor policies, and what evidence persuades Escambia County judges. That local knowledge compresses timelines and avoids surprises.
We understand roads and patterns that show up in reports, including I-10, I-110, Highway 98, and Highway 29, plus downtown and beach corridors. That context helps us read reports critically.
Speak With James M. Burns Today
Help starts with a calm, concrete plan. We move fast on the 10-day clock, preserve defenses, and chart a path that protects work, school, and family.
Contact James M. Burns Law at (850) 457-6002 or visit us at 4502 Twin Oaks Dr, Pensacola, FL 32506. You can also fill out our online form for a same-day license strategy and a clear roadmap for your case.
