Tampa DUI Lawyers

1. Warshofsky, Keith: What is the difference between a traffic infraction and a criminal charge? An infraction is a civil matter that involves penalties such as a fine, court costs, license suspension, or community service hours. A Criminal charge can have the above penalties but can also involve incarceration or probation. Do I really need an attorney for my first offense? You are never required to have an attorney, but it is always a wise idea to have one. Some offenses involve the loss of your freedom, even for a first offense. When charged with a misdemeanor or a felony you face possible jail time. Misdemeanors are punishable by up to a year in the county jail, and depending on what kind of felony you can get up to life; third degree felonies are punishable by up to five years in state prison, second degree up to fifteen years, and first degree felonies are punishable by life or more.
2. Silverman, Rick: D.U.I. and other traffic matters
3. Joseph, Marc: Driving Under the Influence (DUI) Driving under the influence of alcohol or drugs is one of the more common criminal defenses in the Tampa Bay area. Even the most responsible drivers can sometimes face a DUI investigation. However the state of Florida treats driving under the influence or driving while intoxicated very seriously and the charge carries major penalties. In Florida, prosecutors may prove DUI beyond a reasonable doubt in two ways: 1. The person was driving while his or her faculties were impaired due to the influence of alcohol or drugs. 2. The person was driving a motor vehicle with a blood alcohol concentration (BAC) of 0.8% or higher. A police officerÕs DUI suspicion is usually aroused by erratic driving patterns. For example a car weaving in and out of lanes on the road may alert a police officer to investigate a driver for DUI. Stopping in the road, driving too slow, making too wide of a turn, causing an accident are other indications that the person may be driving under the influence of alcohol or drugs. Once the officer has stopped the driver, the officer may look for the following characteristics of that person: 1. an odor of alcohol coming from the person 2. slurred speech 3. bloodshot eyes 4. the inability to follow simple commands or answer simple questions 5. swaying or being unstable on his or he feet 6. evidence of alcohol or drug use on the person or in the vehicle, such as empty cans or drug paraphernalia An officer may ask a person he or she suspects of driving under the influence of alcohol or drugs if he or she has had any alcohol to drink or has recently used drugs. The person being questioned should understand that he or she is under no obligation to answer the officerÕs questions and that anything the person says can and most likely used against him or her in court. After the officers initial investigation and has reason to believe that the driver was driving under the influence of alcohol or drugs, the officer will request the driver to take a breath test, submit to a blood test or a urine test. The driver is not obliged to grant these tests and may refuse. However, a refusal to take any of these tests can be used against him or her to bring DUI charges and if the driver refuses to take the requested breath, blood, or urine test, his or her driverÕs license will be suspended. THE PENALTIES FOR DUI DUI OFFENSE FINE LICENSE SUSPENSION IMPRISONMENT TERM VEHICLE IMPOUNDMENT PROBATION TERM 1st DUI $500 to $1000 6 months to a year Up to 6 months county jail 10 days 6 months to a year 2nd DUI $1000 to $2000 6 months to a year or 5 years if w/in 5 years of prior DUI 10 days to 9 months county jail 30 days 1 year 3rd DUI $2000 to $5000 6 months to a year or 10 years if w/in 5 years of prior DUI 30 days county jail to five years Florida state prison 90 days Up to 5 years 4th or subsequent DUI $5000 & UP License Revoked Up to 5 years Florida state Prison Permanently Up to 5 years Another important consideration is that when a person is arrested for DUI, he or she will likely lose his or her driverÕs license. Then, he or she only has ten (10) days from the date of the arrest to request a hearing from the Department of Motor Vehicles (DMV) to avoid having his or her license suspended for the statutory period. If you have been arrested for DUI, it is very important to contact a law firm whose lawyers are experienced in dealing with DUI cases. In order to fight the suspension of your driverÕs license, you must make sure you request a hearing with the DMV within 10 days of your DUI arrest. Therefore, after a DUI arrest, the best course of action is to contact a lawyer immediately so that efforts can be made to restore your driving privileges and the circumstances of your DUI arrest can be fully investigated as your defense is prepared.
4. Butash, Michael: Was a full and fair investigation done before your arrest was made? Did the police have a valid reason to pull you over? Were any of your rights violated?
5. Tyson, William: DUI Defenses Getting Ticketed Increasingly, the police are under great pressure from advocacy groups to make more DUI arrests. Understandably this has resulted in a larger number of ÒborderlineÓ cases, or, cases in which an arrest should not have been made at all. The prosecutorÕs burden in proving DUI is governed by the same rules of law and evidence required by the courts in most cases. However, unlike most charges, the arresting officerÕs testimony relies on his ÒopinionÓ of your impairment relating to your ability to drive and your normal faculties. In addition, there may also be scientific evidence such as a breath test. In a typical DUI prosecution the state presents evidence regarding your driving pattern, your performance on Òfield sobriety testsÓ, and the results of a breath test. Although the evidence against a driver may seem strong at first glance, there are good defenses to the different segments of the stateÕs case. A lack of evidence can be brought to the prosecutorÕs attention to secure a reduction to a lesser charge such as reckless driving, or possibly dismissal of the case. Driving Pattern Usually in a DUI case the officer documents what you did wrong, not what you did right. For instance, the officerÕs report may indicate you were weaving. However, officers usually donÕt document proper driving behavior such as your speed, you were not following other vehicles too closely, and you obeyed all traffic signs. There may be other factors to consider such as: road condition (i.e. lack of lighting, road construction, adverse weather conditions, traffic congestion), confusing road signs, youÕre unfamiliarity with the area, and mechanical difficulties with your vehicle. In addition, if the officer did not have a valid legal reason to stop your vehicle the court may exclude all evidence against you. This could result in the dismissal of your charge. Field Sobriety Tests As part of an officerÕs DUI investigation they typically request a driver to perform field sobriety tests. These tests could include standing on one leg, touching your finger to your nose, reciting the alphabet, and walking each step with the heal of one foot touching the toe of another. The officer then ÒscoresÓ your performance on these tests to determine whether a driver should be arrested. Most people are surprised to learn the criteria for ÒscoringÓ is very strict on the driver, i.e. more than one small mistake on a test is considered a failure. For example, the Òheal-to-toeÓ test has more than a dozen scoring criteria. If a driver misses or forgets more than one step the result is scored as a failure and the driver may be susceptible to arrest. This may be the case even if the driver has physical disabilities. Generally, most police agencies videotape your performance of the field sobriety tests. I can order a copy of the videotape and we can review and evaluate your performance of the field sobriety tests. We can determine if your performance on the tests is consistent with the officerÕs version in his police report. The videotape can be compelling evidence and a person who looks good performing the tests can often be a good candidate for a reduction of the DUI charge regardless of the ÒscoreÓ given by the officer. The Breath Test The breath test results may be inaccurate or unreliable for a variety of reasons. Inaccurate intoxilyzer readings could be caused by such things as the failure of the police to observe you for 20 minutes before the test, the lack of proper training and licensing of the operator, and hiccups or burping. Occasionally, an exceptional performance of the field sobriety tests on videotape can cast doubt on the accuracy of a high breath test result.
6. Rodriguez, Mark: A good criminal defense attorney can sometimes succeed in obtaining a plea offer or having your charges dismissed.
7. DeCailly, Paul: FOURTH AMENDMENT [U.S. Constitution] - 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' The fourth amendment is suppose to protect you from the government searching you, or your property without cause. This does not mean that they need a warrant every time, it just means that they either need a warrant or a situation that fits into a warrant exception. There are many exceptions that have been created by the Courts over time. The key to fourth amendment violations is quick action on the defendantÕs part to contact an attorney after the search there may be evidence that supports your position that could be lost if you wait and see if there will be charges. Often times, the Government will search a home, a car, or a person, and then leave them alone for weeks or months. Then that person will be arrested, and part of the evidence for that arrest came from the search. During that time, evidence such a video recordings, audio recordings, phone records, and other tangible items can disappear or be erased due to department policy. The violation may not be by to the police, it can be school officials, inspectors, customs, or any other government official. If you feel that your rights under the fourth amendment have been violated contact a lawyer immediately to protect your right to challenge that violation later. Some tips on handling searches and seizures 1.) DonÕt give your consent to search if you donÕt want them to search. 2.) If the police put something in front of you that says Òwaiver of rightsÓ donÕt sign it unless you are willing to waive them. 3.) Make sure you READ everything a police officer gives you to sign, if it has the words waive and rights next to each other, you are waiving your constitutional rights and you ability to challenge them later. 4.) Be polite, even if you donÕt give your consent, they are most likely going to search anyways. 5.) Resisting or running will just give the police a reason to arrest you, and then they can search you and the area around you. 6.) Assert your rights clearly, if you want a lawyer, say ÒI want a lawyerÓ. FIFTH AMENDMENT [U.S. Constitution] - 'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.' The applicable parts of this amendments are the prohibitions against double jeopardy and the compulsion to be a witness against ones self. Both are important, and still viable today. Unlike the fourth amendment, this amendment still has some meat left on it. While the Courts have attempted to water this down, the basic protections still exist. A person need only assert these rights clearly and without waiver. This means, if you are arrested, in custody, or detained in anyway and the police want to ask you question, you just need to say ÒI want a lawyer PresentÓ that all, you donÕt need to play with that language, you donÕt need to turn it into a question, just say you want a lawyer and stick to it. Even if the police say they will not arrest you if you talk. DonÕt try to play lawyer on the side of the road, just assert the right and move on. Most people convicted of a crime aided in their own conviction by talking, not confessing, just talking. The police are trained in techniques to make you talk, and that does not mean the white light and rubber hose, is can be as simple as getting you a coke, and making you feel comfortable, or uncomfortable. DonÕt fall for it, just ask for the lawyer and then SHUT UP. SIXTH AMENDMENT [U.S. Constitution] - "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense." U.S. Const. amend. VI. This amendment also has remained intact for the most part as the other amendments only requires a clear assertion by the accused. If you want a lawyer, say you want a lawyer. Just remember, you have a right to an attorney but if you ask for an appointed attorney, you do not have the right to choose the attorney.
8. Z Law Group: DUI Driving under the influence is a serious offense and will impact your life in many ways. If you are convicted, DUI is a felony that will follow you for the rest of your life. It is extremely important that you act immediately to begin your defense. Many people do not get convicted of DUI when they obtain good legal representation. Do not assume just any attorney can defend a drunk driving case. This is a specialized field and an experienced attorney counts. Get experienced help today and protect your future.
9. Darrigo & Diaz: minor infractions and misdemeanors including driving under the influence and the most serious felony indictments, such as, drug possession, narcotics sales, theft and grand larceny, white collar fraud, embezzlement, sex offenses, arson, and conspiracy
10. Souza, Jim: Do you drive for a living? Are you a professional driver, making a good salary? Professional drivers need a valid driverÕs license in order to maintain their job. If you are convicted for drunk driving (DUI / DWI), because of Florida DUI penalties you will lose your driverÕs license; and quite possibly your job. Your company will find out about a DUI conviction because they do traffic checks. You have everything to lose.
11. Hersem, Christopher: In Florida, DUI allegations are handled differently that any other charge. There are several potential consequences for being accused of this crime. If convicted, individuals may face criminal penalties such as mandatory jail sentences, probation, fines, or community service. Even without a conviction, individuals may face additional penalties such as suspension or loss of driver's license, loss of work or school, increased insurance rates, or mandatory alcohol treatment. To avoid or minimize the negative effects of a DUI accusation, it is imperative to hire an experienced criminal defense lawyer.
12. Bodiford & Associates:       Driving while under the influence of alcoholic beverages or a controlled substance is one of the most serious traffic violations you can commit.  In fact, it is classified as a traffic crime and in some circumstances a misdemeanor, or under more limited circumstances, even a felony.  If you are found guilty of driving while under the influence, you are subject to heavy penalties for a first offense.  These include imprisonment of up to six months, a loss of your driver license for a minimum of six months, a fine of between $250.00 and $500.00 in addition to court costs, completion of a substance abuse course, and 50 hours of community service.
    
         If you operate a motor vehicle in the State of Florida, you are subject to the "implied consent" law.  This means that because you are operating a motor vehicle in the State of Florida, you have agreed to take a chemical test of your breath if you are arrested by a law enforcement officer who believes you are under the influence of alcoholic beverages.  A urine test can be requested if drugs are suspected.  A blood test can be requested under some limited circumstances.  If you have a Florida driver license, the statement, "I hereby consent to any chemical test for sobriety as required by law" appears directly above your signature.
    
         These tests are to determine your blood alcohol or drug level -- to find out how much alcohol or drugs are in your bloodstream.  If you refuse to take the test, you are subject to a suspension -- taking away -- of your driver license for a period of one year for a first refusal and a period of 18 months if your driving privilege has been previously suspended for refusing to submit to such a test.  If you take the test and the test reveals a blood alcohol level of .08 or higher, the periods of suspension are 6 months or 1 year if a prior violation exists on one's record.  This is even if you are acquitted on the D.U.I. charge itself.  You do not have the right to have your own doctor give you the test at the time of the arrest, and you do not have the right to have an attorney present when you take such a test.  You do have the right to have a second test administered by a physician or a laboratory technician of your choice. However, the second test must be paid for by you.
    
         If you refuse to take the test, or if you take the test and the test reveals a blood alcohol level of .08 or higher, your license will be seized by action of the law enforcement officer on the very evening of your arrest, and suspended in 30 days.
    
    You then have a right to review the action of the officer as follows:

     

    A request for a formal or informal review of the suspension must be filed with the appropriate division of the Department of Motor Vehicles office within 10 days from the date of arrest or issuance of the notice of suspension, whichever is later.
    
    If the person arrested requests a formal review, the department shall schedule a hearing to be held within 30 days after such request is received. The driver may request subpoenas from the division for the purpose of compelling the attendance of any witness. The driver is responsible for service of the subpoenas and payment of any witness fee.
    
    At the hearing, the hearing officer, who is employed by the Dept. of Highway Safety and Motor Vehicles, shall receive into evidence any documents timely submitted to the division including the citation, arrest affidavit, breath or blood test results, refusal affidavit, alcohol influence report, and any video tape of the driver. The hearing officer shall determine from these documents and any relevant evidence presented by the driver whether the suspension is supported by a preponderance of the evidence. The department shall forward the hearing officer's order to the driver within seven (7) days from the hearing. A driver may appeal the order by petition for writ of certiorari to the circuit court.
    
    If the person requests an informal review, the department shall conduct an informal review, which shall consist of an examination of all materials submitted by the officer and the driver. No testimony of a witness or other evidence shall be heard. The hearing officer shall determine whether the suspension is supported by a preponderance of the evidence. The order shall be transmitted to the driver no later than 21 days after the expiration of the temporary permit. A driver may appeal an informal review order by petition for writ of certiorari to the circuit court.