Clearwater DUI Lawyers
- Yeazell & Sweet:
Murder RICO All Felonies
Manslaughter Fraud All Misdemeanors
Sex Offenses Grand Theft Violation of Probation
Drug Offenses Burglary Expungments
Aggravated Battery Robbery Sealings
Aggravated Assault White Collar 3.850
Child Abuse/Neglect DUI Drivers License Hearings
Kidnapping Domestic Violence Conspiracy
False Imprisonment Firearm Offenses Computer Offenses
Arson Stalking Check Charges
- Potts, Gary:
A DUI conviction can have a serious and lasting impact. It is important to work with a proven DUI attorney who can fully evaluate your case and provide the full spectrum of options available to you. Particularly if you are a first-time offender, there are things an informed and knowledgeable lawyer can do to seek alternative sentencing or to otherwise minimize the damage caused by a DUI conviction.
- Brunvand, Bjorn:
If you have been arrested for drunk driving / driving under the
influence (DUI) in the Tampa Bay area, consult an experienced local DUI
defense attorney immediately. Laws can vary from county to county, and
working with a lawyer who specializes in Pinellas DUI cases and
Hillsborough DUI charges is critical to protect your rights.
It is extremely important that you speak with a DUI defense attorney as
early as possible, prior to the expiration of ten days from your arrest
or citation for DUI.
Why Do You Need to Call a Lawyer?
A DUI charge is much more than a mere traffic citation. DUIs can result
in any of a variety of problems including loss of driverÕs license,
incarceration, fines and fees and a permanent conviction on your record.
An experienced DUI defense attorney can review your case from top to
bottom to determine if there might be potential defenses to your DUI
charge or to your driverÕs license suspension.
Law enforcement officers are required to follow certain procedures in
investigating and arresting someone for DUI. Field sobriety tests and
breath tests must be performed in a specific manner in order to be
admissible in court. If these procedures arenÕt followed, an experienced
Tampa DUI attorney ... will
readily identify the failure and use it to seek dismissal of the entire
DUI case.
It is important to know which legal
arguments are finding success in our area courtrooms. We keep an eye on
which judges are accepting novel legal arguments and use knowledge to
our clientsÕ advantage. Most recently, law enforcementÕs failures in the
area of DUI checkpoints and DUI breath tests have been hot topics to
follow. What Penalties Are You Facing for a Florida DUI?
A DUI charge is more than just a traffic ticket. You should not make the
mistake of treating it like one. DUI convictions can impact your life in
many ways.
First and foremost, you will have a criminal record. Florida law does
not allow for DUI convictions to be expunged. This could cause you
trouble any time a background check is necessary for employment, rental,
professional licensing and other situations.
First DUI offenses can lead to a fine of up to $1,000, probation of up
to a year and/or imprisonment for up to six months. Your license can be
suspended for up to a year.
A second DUI offense will increase your exposure to fines (up to $2,000)
and imprisonment (up to nine months). Your license can be suspended for
up to five years and you may be required to install an ignition
interlock device on your vehicle.
Three DUI offenses within five years might get you up to five years in
prison and a suspended license for up to 10 years. All of these
penalties are increased if your BAC is 0.15% or higher or if there is a
minor in the vehicle at the time of the DUI. Why Do You Need to Call a
DUI Attorney within Ten Days?
If you are stopped in the Tampa Bay area (or anywhere in Florida) for
DUI, you will be asked to take a breath test to determine the
concentration of alcohol in your lungs (and, allegedly by direct
correlation, your blood). If you refuse to take the test or if your BAC
tests 0.08% or higher, your driverÕs license will be suspended according
to Florida law.
After you are arrested for DUI in Florida, you have only 10 days from
the date of your arrest to request an Administrative Hearing with the
Florida Department of Highway Safety and Motor Vehicles (DHSMV). If no
hearing is requested within 10 days, your license will be suspended for
one year after your first refusal. A second refusal could result in
suspension for up to 18 months. If your breath test reached 0.08% or
higher, your driverÕs license will be suspended for a period of 6
months.
An administrative hearing will be held within 30 days of the request.
This will be your only opportunity to get your license back without the
suspension.
- Idrizi, Spresa:
Areas of Practice
D.U.I.
Traffic Citations
Misdemeanors
Felonies
Domestic violence.
- Tamayo, Raymond:
What is the punishment for DUI?
1st DUI offense: Jail sentence of not more than six months and 1 year probation; Fine of $250-$500; 6 month Š 1year license suspension; DUI School; 50 hours community service (or $10 per hour); vehicle immobilization for 10 days (of vehicle operated by or registered to Defendant, unless there is an applicable exception); Victim Impact Panel (not required, but sometimes imposed).
2nd DUI within 5 years: Jail sentence of not less than 10 days (at least 48 hours of confinement must be consecutive) and not more than nine months and 1 year probation; Fine of $500-$1,000; 1 year license suspension; DUI School; 1 Š 2 year ignition interlock device; 5 years license revocation; vehicle immobilization for 30 days (of all vehicles owned by the Defendant, unless there is an applicable exception); Victim Impact Panel (not required, but sometimes imposed).
2nd DUI outside 5 years: Jail sentence of not more than nine months and 1 year probation; Fine of $500-$1000; 6 month Š 1year license suspension; DUI School; 1 Š 2 year ignition interlock device; 50 hours community service; vehicle immobilization for 10 days; Victim Impact Panel (not required, but sometimes imposed).
3rd DUI outside 10 years: Fine of no less than $1000 or more than $2500; DUI school; If the two previous DUI convictions occurred more than 10 years prior to the current conviction, then you are only looking at a 6 month - 1 year license suspension. You are not eligible for a hardship license, but must wait out the revocation period. Jail sentence of not more than 1 year; minimum 2 year ignition interlock device; vehicle immobilization for 10 days (of vehicle operated by or registered to Defendant, unless there is an applicable exception); Victim Impact Panel (not required, but sometimes imposed).
3rd DUI within 10 years (includes a third offense if it is within 10 years of the 2nd/previous DUI): (within 10-years of another DUI conviction) Third Degree Felony; Jail sentence of not less than 30 days and not more than five years (at least 48 hours of confinement must be consecutive); Fine of no less than $2500 or more than $5,000; 10 year license revocation; DUI School; minimum 2 year ignition interlock device; vehicle immobilization for 10 days (of all vehicles owned by the Defendant, unless there is an applicable exception); Victim Impact Panel (not required, but sometimes imposed).
4th DUI offense: Third Degree Felony; fine not less than $1,000; Jail sentence of not less than 30 days and not more than five years; Fine of no more than $5,000; 10 year license revocation; DUI School; minimum 2 year ignition interlock device; vehicle immobilization for 90 days; Permanent license revocation; Victim Impact Panel (not required, but sometimes imposed).
Enhancements to the above penalties include: Breath Alcohol Content over 0.200, or person under 18 years of age accompanied in car.
The above jail sentences can be served in an in-patient alcohol/drug treatment program at the judgeÕs discretion, except that 48 hours of a mandatory jail sentence must be served in jail.
Do I need a DUI attorney?
An attorney will thoroughly evaluate your DUI case, and explain the merits of your case should you wish to proceed to trial. As a DUI is a very complicated criminal charge, it is important to have someone on your side that can properly advise you on all the issues in your case. More specifically, the reasons listed below explain in more detail why a DUI attorney is important:
How can I get my license back?
A DUI attorney can be valuable in taking care of your DHSMV hearing (must be requested within 10 days) to try to avoid the DHSMV suspension all together, and in some cases help you get a hardship license if necessary.
If you had a BAC above the legal limit of a .08 (6 month suspension) or you refused to take the breath test (1 year suspension), then your license will be suspended, unless you ask for, and win your DHSMV hearing. Success winning these hearings is possible, but you must act quickly, as you only have 10 days from the date of your DUI arrest to file for the DHSMV hearing. From that point DHSMV will issue you a temporary license until you get a decision on your DHSMV hearing. An experienced DUI attorney can greatly increase your chances of being successful at the hearing, and file all the appropriate paperwork for you.
It is also important to note that the DHSMV suspension is only one of two potential suspensions. The second suspension is the DUI criminal suspension that the Judge imposes if you do get convicted of DUI.
Can I get the case dismissed if I was illegally stopped?
A DUI attorney will evaluate the basis of the traffic stop to determine if you were lawfully stopped, as this may be a basis to do a motion to suppress and get your case dismissed.
What was your BAC (breath alcohol content) Ņat the time of drivingÓ?
In Florida you are presumed to be an impaired driver if you had a BAC over the legal limit (.080). However, the standard requires that the State prove your BAC at the time of driving. So if you had a BAC of .080 or .100, potentially, you could have had a BAC much lower (possibly under the legal limit), when you were initially pulled over at the time you were driving. Sometimes your BAC is higher because it may take 45 minutes to a few hours before an officer gives you the actual Breath test. A forensic toxicologist can be utilized at trial to assist in proving your innocence if this is the defense. This is one potential issue that can be used by a DUI attorney at trial or mitigation to get a case reduced to a reckless driving. There are many online calculators to try and determine what your true BAC was at the time you were actually stopped. Some are simple BAC calculators, while others are more complicated BAC calculators. IÕve listed some links on this page for your convenience, however these calculators are only estimates and not to be taken as perfect calculations. A forensic toxicologist is needed to attempt this type of calculation, and a DUI attorney can assist you in finding the right expert
Were your Ņnormal facultiesÓ impaired?
The State can prove the case against you by either showing you had a BAC over the legal limit (.08) or show that your normal faculties were impaired. This defense comes into play in all cases, but is most important in cases where there is a refusal to take the breath test. Normal faculties include the Ņability to walk, talk, judge distances, drive an automobile, make judgments, and do all the things a person does in the ordinary course of their lives.Ó Field sobriety tests are suppose to evaluate these exercises, but how many people have you ever seen stand on one leg or walk heel to toe at the park, or at the grocery store. You donÕt, and that is why these exercises are a poor, and unfair tool to evaluate oneÕs normal faculties. Additionally, there are many factors that can affect a personÕs performance on the field sobriety exercises unfairly: medical conditions / injuries, age, nervousness, lighting, distractions in the area, lack of sleep, and the simple fact that everyone has different levels of balance. These are issues a DUI attorney can argue at trial, and in trying to get mitigation to get a case reduced to a reckless driving.
Was the Breathalyzer working properly?
A DUI attorney will evaluate all the records involved for a particular Breathalyzer, and if there is an issue, it may lead to the exclusion of the breath results or an added issue to bring up at trial. Furthermore, the State must show that the Breathalyzer was being properly maintained and calibrated, or this could lead to additional issues. Locating, acquiring, and evaluating the records is extremely important in determining if there are issues to be uncovered.
Can I get my DUI charge reduced?
Depending on the circumstances, an experienced DUI attorney can assist you in getting your charges reduced. A DUI can have a devastating affect on a personÕs life, and getting the charge amended to a reckless driving is one way to avoid many of the consequences of a DUI arrest, without the risks associated with trial. A Reckless Driving charge does not have the stigma of a DUI and typically doesnÕt have the same sanctions or affect on oneÕs insurance.
Going through a DUI is a difficult process, and at the very least, a qualified attorney will evaluate your case to ensure that you do not plea guilty to a DUI charge for which you may have a possible defense to, or could possibly get reduced. A DUI can have a devastating impact for the rest of your life.
- Tsourakis, Dean:
DUI and Criminal Traffic- DUI defense can be challenging for several reasons: the main witnesses are police, scientific evidence such as breath and blood tests may be used against you, and a Standard Field Sobriety test may be used. DUI is a charge that you do not want on your record. In addition, current charges may now be enhanced, based on your prior record.
- Press, Jan:
The hiring of an attorney is an important decision that should not be based solely upon advertisements.
- Tinny, Meyer & Piccarreto:
Any traffic stop is unsettling, but when your stop involves a DUI charge, the legal consequences begin to multiply. Since a DUI charge can quickly result in heavy fines, the loss of your license, and even incarceration, you will need to reach a Florida DUI lawyer immediately.
determine what issues will affect the final outcome of your case, for example:
* If the initial stop of your vehicle was legal.
* If the officer properly instructed you about the field sobriety exercises.
* If the police report accurately describes what happened.
* If your Miranda rights were read properly.
* If you were properly arrested before the breath test.
* If the officer conducted the breath test properly.
* If the breath test machine was properly maintained.
* If a refusal to take either test will be used against you.
* If something can be done so that you can continue to drive.
- Joseph Montrone:
In addition to a criminal trial for a DUI/DWI defense case, an administrative suspension may occur with each arrest. Contesting this action in a timely matter is vital to maintaining your driving privileges. Moreover, successful convictions in a drunk driving case can carry serious penalties now and can also influence the severity of penalties for subsequent convictions.
You may feel or have been told that securing an attorney to represent you in your DUI/DWI defense case will have little effect upon the outcome of your case. This is not true
- Kwall, Showers, Coleman & Barac:
Q: Do I need a lawyer even if I am innocent?
A: Every criminal defendant needs an attorney. Innocent people do end up in jail, and the best way to prevent such a miscarriage of justice is to hire a criminal defense lawyer. Your lawyer will work throughout the criminal justice process to ensure that your rights are protected and that the truth prevails.
- Harvey Spinowitz:
You should consult an attorney for individual advice regarding your own situation.
- Thomas Donnelly:
A conviction for a felony or even certain misdemeanors may have very serious implications. These convictions can often lead to problems in your current employment and can also lead to loss of driving privileges.
Possible solutions to these serious criminal charges include, depending on the facts and circumstances of the case, prompt intervention with the prosecutor, suppression of evidence, pretrial intervention programs, entry of a withholding of adjudication, a negotiated plea, and/or acquittal of all charges.
- Bauer,
Crider, Pelligrino & Perry:
All DUI offenders will suffer some period of suspension without any
possibility of obtaining a temporary or business purposes license.
Sadly, too many people assume that there is nothing a DUI defense lawyer can do for them. They just give up and plead guilty, without understanding the severe consequences even a first offense DUI can have.
Penalties for a first offense DUI conviction include:
* Six months in jail (nine months if your blood alcohol level was 2.0 or higher or a minor in the vehicle.)
* Fines of up to $500 ($1000 for BAC of 2.0 or higher or a minor in the vehicle.
* Six-month license suspension
* Vehicle impounded for 10 days
* 12-hours of DUI school
* Up to one year of probation
* 50 hours of community service or an additional $500 fine
- Charles Holloway:
Police may request that the Driver take a breath (Intoxilyzer), urine
or blood test. Results may be admissible as evidence, and if .08% or
higher, constitute evidence of impairment. Refusal to take the tests
may also be admissible in evidence.
the following factors may help establish an effective defense against a DUI charge:
Driving distractions:
Talking on a cell phone
Engaging in conversation with a passenger
Listening to music
Eating food
Smoking
Mechanical condition of automobile:
Poor brakes
Weak suspension
Steering malfunction
Infractions which are not necessarily related to alcohol impairment:
Speeding
Running a red light
Turning without a signal
Law enforcement has a legally insufficient reason to stop the driver:
Stopping a driver due to late hour or proximity to a bar
Stopping a driver for minor driving behaviors
Stopping a driver due to mere suspicion of illegal behavior
Behavior:
Little sleep or late hour contributing to fatigue
Driver suffering from a cold or allergy
Speech naturally quiet or spoken with an accent
Driver wearing dirty work clothes
Physical tests:
Driver nervous or scared
Driver distracted
Driver has disability which affects performance on tests
DriverÕs natural lack of coordination and balance
Poor environment for tests (inadequate lighting, close proximity to traffic, ground not level)
Tests not adequately explained or demonstrated
Statements:
Driver not informed of Miranda Rights before interrogation
The Accident Report privilege might make some statements inadmissible as evidence
Police misunderstood or misinterpreted DriverÕs statements
Breath, urine, and blood tests:
Driver not properly informed of implied consent
Intoxilyzer (Breathalyzer) not properly maintained
Intoxilyzer or operator not properly certified
Failure of Police to observe Driver for 20 minutes prior to test
Failure to give 2 proper tests
Driver taking legal medication or cough syrup
Urine or Blood samples improperly taken, preserved or analyzed
Being accused or arrested for DUI is a highly stressful situation that can overwhelm you if you do not have proper legal representation.
- Larry Sandefer:
In Florida, if you have been arrested for DUI and your breath test
result was .08 or higher, or you refused to take the breath test, the
officer probably took your driver's license from you. You have 10 days
to request a formal review hearing with the Department of Motor
Vehicles to contest that suspension and attempt to get your license
back. It is important to contest that suspension and attempt to get
your license back. It is important to contact an attorney within that
10-day period. If you do not request the hearing, or do not prevail at
the hearing, there are certain periods of time in which you will not be
able to drive or obtain a hardship license.
- Carlson & Meisner:
Florida Statues provide that anyone over the age of 21 who is driving
with a Blood Alcohol Content (BAC) of .08% or more is legally impaired
and would be subject to arrest for Driving Under the Influence of
Alcohol.
DUI - Driving Under the Influence
When you have been arrested for a DUI, you need a lawyer who can protect your rights and make sure you are treated fairly. A DUI charge can have serious consequences. Our goal is to do everything possible to preserve your rights, keep your record clean and prevent you from losing your freedom and your license to drive. Timely contact with an attorney is imperative to do this.
Remember that your arrest includes a cancellation of your driving privileges. Your DUI citation acts as your temporary driving permit for ONLY 10 DAYS following your arrest. If you or your attorney do not request a DMV hearing within 10 calendar days (including weekends) following your arrest, you forfeit your ability to challenge any DMV administrative suspension. In order to assure the possibility of maintaining your right to drive, you must apply for a Division of Motor Vehicles hearing within 10 days of your arrest.
You may be asking yourself many of the following questions:
- Should I pay the other traffic ticket that I got with my DUI ticket?
- What if I live out of state - must I stay in the state or do I have to come back to Florida for a court appearance?
- Could the DUI affect my job? What about my insurance rates?
- If a video of my field sobriety test was made, how will it be used?
- May I drive now? Can I get Hardship license?
- What does the breathalyzer test prove? Should I have taken the breath test or refused it?
- How long will this case take? How much will it cost? What if I have a previous DUI?
- What if I damaged property - or injured someone - or both? Could I go to jail?
Depending on the unique circumstances of each case, there are numerous challenges that can be made to fight a DUI charge. The circumstances of each traffic stop and arrest, breathalyzer test and equipment must be carefully evaluated. We are the only law firm in Clearwater - and one of only a handful on the West coast of Florida - to have our own Intoxilyzer 5000 for DUI defense demonstrations. The model we have is the same as those used by law enforcement throughout the Tampa Bay area. Having our own Intoxilyzer 5000 on site allows us to demonstrate at trial how the tests are administered and how the machines must be maintained in order to provide accurate blood alcohol readings.
- Staack & Simms:
It is not a crime to drink and drive but only to do so to the extent
your normal faculties to judge distance, exercise physical reactions
and operate a motor vehicle are impaired.
- Gail Conolly:
You should know that anyone charged with DUI faces certain mandatory
sentences which may include:
- a minimum 6 month drivers license
suspension
- a period of probation
- a possible jail
sentence
- community service
- DUI school/alcohol
evaluation, fines and court costs
- mandatory 10 day vehicle
impoundment
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