St. Petersburg DUI Lawyers
- Hessinger & Kiflin:
The prosecutor has the power to file a lesser charge such as reckless
driving, or even file a "no information" dismissing the case. If the
police officers were over zealous or mistaken in their investigation, it
may be able to be demonstrate the weaknesses in your case to the prosecutor
and obtain a reduction in charges.
Are there any other witnesses that observed your sobriety?
Are there other explanations for the driving errors reported by the police officer?
Did any physical disabilities impair your ability to perform the field sobriety tests?
Was the breath test administered properly?
Were there problems with the breath test machine before or after your test?
Can the state prove what your blood alcohol content (BAC) was at the time of driving? The breath test is usually taken well after the time of the stop. If you were drinking close in time to when you were stopped then you were probably still absorbing alcohol after driving while they transported you to the station to take the breath test.
How does the field sobriety test video look when you compare it to the breath test results? If you do not look impaired on the video and yet the breath test is very high, there may be a problem with the breath test machine.
The answer to these questions may effect the strength of the state's case against you.
- Russo & Russo: Learn where you stand and what your opions are.
Many clients inquire about the possibility of having their pending DUI charge reduced to the lesser offense of ÒReckless Driving.Ó The Pinellas County court system views this more accurately as having the charging document (uniform traffic citation) ÒamendedÓ by the Prosecutor to reflect an entirely new and different offense.
Why would it be advantageous to change my St. Petersburg / Clearwater DUI to a Reckless Driving offense?
¥ A Reckless Driving conviction does not carry the same stigma associated with a DUI conviction. A DUI conviction, by law, will remain on your Florida DHSMV driving record for a period of 75 years.
¥ Your insurance company is likely to treat a Reckless Driving conviction in a far less critical manner than they would upon seeing your conviction for DUI. This could translate into saving thousands of dollars in increased insurance premiums. It might also prevent your insurance policy from being cancelled, or in the alternative, being designated as a high risk driver.
¥ A Reckless Driving conviction carries a lower fine than the minimum mandatory fine imposed for all DUI convictions.
¥ If your occupation entails driving in the course of your employment, a DUI conviction can sometimes result in your termination. Whereas, your employer might be far more sympathetic and take a more favorable view if the DUI conviction were avoided.
¥ A DUI conviction on your driving record could jeopardize an application by you in the future for employment in a desirable position. Although your DUI conviction may not represent a felony, nor a crime involving untruthfulness or dishonesty, you may still be viewed as a liability risk.
¥ If your current DUI case were to be reduced to a Reckless Driving and you were later arrested again for this offense, you would still be considered a first time DUI offender. (Assuming you had no other DUI convictions.)
How is it possible to change the charge from DUI to Reckless Driving?
To better understand how this is possible, consider the roles of each party:
¥ It is the job of the police officer to make an arrest;
¥ It is the job of the prosecutor to Òseek justice.Ó This task includes reviewing the work of the police officer, filing an official charging document and then proving that the accused committed the offense detailed within that official charging document.
¥ It is the job of the DUI defense lawyerÊto defend his client against the charge that has now been formally filed by the prosecutor. (Which may not necessarily be the same charge originally alleged at the time of arrest.)
¥ It is the job of the Judge to proceed with hearings focused only on the charge formally filed by the prosecutor and to be equally fair to both the prosecution and the defense.
Thus, contrary to common misconceptions, it is not the Judge who has the authority or discretion to amend your charge from DUI to the lesser offense of Reckless Driving. Rather, only the prosecutor has the lawful authority to amend the charge.
How can an experienced attorney help secure a reduced charge?
An experienced St. Petersburg / Clearwater DUI defense attorney can thoroughly investigate the facts and circumstances of your DUI arrest to reveal every possible weakness in the prosecutorÕs case. Your attorney may also be able to file motions with the court directed at suppressing or limiting admissible evidence. This could have the effect of further weakening the stateÕs case and provide you with an advantageous bargaining position to better secure the reduction of the charge.
- Fleming Law Group:
Back in the old days, a driving under the influence (DUI) charge was of little significance.Ê The defendant typically pled guilty, received a slap on the wrist from the judge, and drove home.Ê Times have changed, and in Florida, the revised recently revised traffic laws impose substantially stricter sanctions.Ê These include fines, jail, community service, mandatory DUI education classes, interlock devices, andÐperhaps worst of allÐlicense revocation.Ê The fines, sentences, and revocation periods increase significantly with each subsequent DUI offense.Ê For example, under current Florida law, a third DUI within ten years is now a felony, whereas it was a misdemeanor just five years ago. Ê Such a felony conviction could lead to a prison sentence of up to 5 years and a license revocation of a minimum of 10 years.Ê
In light of such dramatic changes in the law, the stakes are higher than ever before. ÊAn individual charged with DUI is therefore well-advised to hire an attorney who is fully equipped and prepared to try such a case.Ê This is significant for two reasons:Ê First, prosecutors are more likely to reduce the charges when a defendantÕs lawyer or firm has a reputation of going to trial.ÊÊ Second, even if the case proceeds to trial, a good trial attorney will use the various available mitigating factors and evidentiary defenses to raise a reasonable doubt, including the accuracy of test results as well as testimony of the officer who made the arrest.
- Denson Law Firm:
Anyone can be accused of drunk driving. *** FLORIDA DRUNK DRIVING (DUI-DWI) PENALTIES ***
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances)
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
Fine Schedule
First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
Community Service
First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
Probation
First conviction, total period of probation and incarceration may not exceed 1 year.
Imprisonment
At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.
First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.
Impoundment of Immobilization of Vehicle
Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
Conditions for Release of Persons Arrested for DUI
The person is no longer under the influence and;
The person's normal faculties are no longer impaired
The person's blood/breath alcohol level is lower than 0.05; or
Eight hours have elapsed from the time the person was arrested.
DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)
Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).
DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)
Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.
Manslaughter and Vehicular Homicide
DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).
Driver License Revocation Periods for DUI
A. First Conviction: Minimum 180 days revocation, maximum 1 year.
B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.
Commercial Motor Vehicles (CMV) - Alcohol-Related Convictions/Disqualifications
Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.
Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.
There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.
Business Purposes Only/Employment Purposes Only Reinstatements
First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .20 or higher, or for two years if BAL is greater than .20.
Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.
Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .20.
Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.
DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:
1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).
5. Ignition interlock device required for two years.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.
DUI School Requirements
First Conviction: Must complete DUI school before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.
Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Customer must complete DUI school following conviction.
DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation)
Customers Who Wait Until Revocation Period Expires: Must enroll in DUI school and pass the driver license examinations to be re-licensed. Failure to complete the school within 90 days after such reinstatement will result in cancellation of the license until the school is completed.
Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.
Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.
Chemical or Physical Test Provisions (Implied Consent Law)
Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.
Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.
Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.
Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.
Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle.
Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.
Adjudication and Sentencing
Penalty to be imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant's blood alcohol was .20 or greater.
Driving While License Suspended or Revoked
Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.
Administrative Suspension of Persons under the Age of 21 for Driving With an Alcohol Level .02 or Above
Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.
First Suspension for Persons under the Age of 21 with an Alcohol Level .02 or above: 6 months.
Second or Subsequent Suspensions: 1 year.
First Suspension for Refusal to Submit to Breath Test: 1 year.
Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.
Administrative Suspension Law
First Suspension for Driving with an Unlawful Alcohol Level (.08 or above): 6 months.
Second or Subsequent Suspensions for Driving with an Unlawful Alcohol Level (.08 or above): 1 year.
First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately. The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.
Administrative Disqualification Law
First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 6 months disqualification
Second or Subsequent Disqualification of Driving a Commercial Motor Vehicle With an Unlawful Alcohol Level (.04 or above): 1-year disqualification.
First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification.
Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.
The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.
Review Hearings for Administrative Suspensions and Disqualifications
Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.
Business or Employment Reinstatement:
1. Suspension for Driving with an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
2. Suspension - Persons under Age of 21 Driving with a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.
Hardship License Prohibited:
1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
An investigation in a Florida drunk driving case begins when a police officer stops a motorist to issue a traffic ticket. Even if the police arrest you, the arrest does not mean an automatic conviction for drunk driving.
In some cases, your Florida drunk driving attorney can show that a police officer's arrest was improper or unlawful. That, and other factors, could cause your case to be dismissed by the court or charges reduced by the prosecutor.
- Yanchuck, Berman, Wadley & Zervos:
represent and advise clients in the areas of:
* Criminal Law
* DUI/DWI
* Health & Health Care Law
* Litigation & Appeals
* Personal Injury -- Plaintiffs
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