Tampa DUI Lawyers
- Rocha, Richard:
Drug Trafficking
Arson
Murder
Armed Robbery
Aggravated Battery
Grand Theft
DUI
Possession of Cocaine & All Controlled Substances
Domestic Violence
Driving with a Suspended License
And many other types of Criminal Law violations
- Hinners, Debra:
Criminal Law ¥ DUI
Bond Reductions
FELONY ¥ MISDEMEANOR
DOMESTIC VIOLENCE
PROBATION VIOLATIONS ¥ JUVENILE
- Serafin, Kristin: all criminal cases, from misdemeanors, including DUI, to felonies
- Bodiford Law: A first-time arrest on DUI/DWI charges, or a repeat violation in the Tampa, Clearwater or New Port Richey area, demands you to get immediate legal counsel from a seasoned Tampa DUI attorney. You have two things that you must do right away. First, you must protect your right to drive. The Florida Department of Highway Safety and Motor Vehicles (FDHSMV) must suspend your driverÕs license. Second, you will need a DUI/DWI defense to keep yourself out of jail. Choose an attorney that has a record of accomplishment for getting results. Joe Bodiford possesses the sort of attributes critical for your Tampa DUI lawyer. He will immediately move to respond to the two issues you face: Schedule a hearing to appeal the driverÕs license suspension. Prepare a criminal DUI/DWI defense. WHAT YOU HAVE AT STAKE Successfully resolving a complicated DUI/DWI case involves multiple steps. Essential to avoiding a conviction, and getting the most favorable outcome for your case, involves selecting a Tampa DUI attorney with a superior command of Florida DUI laws. Counsel must also possess superior knowledge of the inner workings of the judicial system. If you have a commercial license, you could lose it for a year, or permanently for two or more DUI convictions. Other penalties include imprisonment, probation, hefty fines or an Ignition Locking Device installed on your vehicle. CHOOSE YOUR TAMPA DUI ATTORNEY WISELY The best DUI defense attorneys probe for weaknesses in the prosecutionÕs case.
- Losson, Hubbell: The following are some common questions with DUI: 1. Is it better to submit to a breath test or refuse the breath test? 2. What effect does my DUI arrest have on my license? 3. Can I challenge my license suspension? 4. Can I get a temporary permit or a business purpose driverÕs license? 5. What are the penalties for DUI? 6. Are the breath results reliable? 7. What are field sobriety exercises? 8. What if there was an accident? 9. Are there enhanced penalties if there was injury involved?
- Smith & Stallworth: Severity of DUI and DWI laws in our state and across the nation are trending upward, becoming much stricter, and the varieties of punishments are becoming increasingly harsh. A DUI or DWI conviction can result in steep fines, suspension, or revocation of your driver's license, increased insurance rates, vehicle impoundment, probation, house arrest, and even extended jail time. Being arrested is a difficult experience. When a DUI Conviction threatens your future, your job, your ability to support your family or even your freedom, you probably have some questions that you need answered immediately.
- Futerman, Roger: If You Are Convicted Of DUI... * You may have a permanent criminal record for the rest of your life. * Your license may be revoked. * You may be placed on probation. * You may have to complete substance abuse classes. * You may be sentenced to jail time, even on a first offense. * Your auto insurance premiums may increase. * Conviction may cost you your job. tampa attorneyYou Only Have Ten Days... from the date of your arrest to file for your formal review hearing to have your driver's license reinstated.
- Busciglio & Sheridan: Criminal Defense FAQ Frequently Asked Questions When Do I Need an Attorney? If you think there may be an investigation involving you as a possible defendant, you may benefit from contacting an attorney, even before charges have been filed. Can I Do This on My Own? As with most legal matters, you are allowed by law to represent yourself. However, an attorney is educated in the complex legal proceedings that you could be facing and can provide you with information and options that you may not know about that could help lead your case to a better resolution than if you did not have the assistance of legal counsel. Do I Need To Go to Court? In some instances, your attorney can handle the entire case without you ever having to step foot in the courtroom. If I Plead No Contest or Guilty or if I Am Found Guilty, Will I Go to Jail? Your sentence depends on the type of crime you have been charged with, the severity of the facts, mitigating factors, any negotiations with the state attorney and the judgeÕs ultimate decision on the issue of sentencing. Will I Lose My DriverÕs License? Certain criminal and traffic offenses can be punishable by suspending your driverÕs license. The most common crimes that we are asked about is DUI, but some drug offenses may also carry a license revocation. There are ways to avoid the license revocation and to obtain hardship licenses in the event that a revocation is ordered. Talk to your attorney about this possibility in your case. I Posted a Cash Bond. What Will Happen to That Money Once My Case Is Resolved? Money posted as a cash bond can be returned to the individual who posted the bond after the case is resolved. Often, the cash bond can be applied to court costs. Can I Keep This Off My Record? Florida law does provide for sealing and expunging criminal records, but there are exceptions. Questions about a Florida DUI? Common concerns after a DUI arrest include: * Should I pay the other traffic ticket that I got with my DUI ticket? * What if I live out of state - do I have to come back to Florida for a court appearance? * Could the DUI affect my insurance rates? * If a video of my field sobriety test was made, how will it be used? * Am I able to drive while my charges are pending? * Can I get a hardship license? * 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 and/or injured someone? Could I go to jail?
- Jeff Keel: Being arrested for a criminal charge is a frightening experience. When a criminal charge threatens your freedom, record or reputation, the choosing of a lawyer becomes a very important decision. The difference between choosing an experienced lawyer versus a less experienced lawyer, could mean the difference between freedom or a criminal record.
- Ed Suarez: Florida lawis tough on those arrested for DUI. Currently, an individual arrested for DUI in Florida will have his driver license taken and immediately suspended. Additionally, such an individual will not be issued a hardship or business purpose license for at least 30 days and in some circumstances 90 days. These harsh sanctions take place upon arrest, prior to any courtreview ofthe validity of the charges.
- Kevin Moore: Florida's "ten day rule," makes hiring an attorney necessary to avoid automatic license suspension. Under this rule, if your breath test was above .08% blood-alcohol, or if you failed to submit to a breath test after being arrested for DUI, your license will automatically be suspended for 30 days unless you or your attorney files a demand for an administrative hearing within 10 days after arrest.
- Lori Palmieri: If you have been charged with DUI, you have TEN (10) days from the date of your arrest to file for a formal review hearing with the Department of Highway Safety and Motor Vehicles. Please do not disregard this important deadline. Florida DUI - General Information DUI (DWI in some states) is a crime that truly knows no economic, demographic or political bounds... it can, and does, happen to anyone. DUI consistently ranks in the top 10 charges in both Hillsborough and Pinellas counties. It usually involves alcohol, but can also be charged if the alleged impairment is caused by drugs, even valid prescription drugs. In Florida, there are TWO components to a DUI case: the first is an administrative component by the DHSMV, which deals with the suspension or revocation of the arrestee's license. The second component is the criminal complaint brought against the defendant by the county of arrest. **If you have been charged with DUI in Florida, you have TEN (10) calendar days from the date of your arrest to file for a Formal Review Hearing with the Department of Highway Safety and Motor Vehicles. Please do not disregard this important deadline. Call today for more information.** Previous DUI or DWI Outside the State of Florida The State of Florida considers any prior DUI or DWI occuring outside the state to count as a previous conviction for the purposes of determining the appropriate penalty. For example, if you have a DUI in Texas and then receive another in Florida, then Florida considers your Florida DUI to count as your second DUI. DUI Penalties in Florida The following information is intended as a general guide to possible penalties for DUI in Florida. This chart is not designed to represent the comprehensive body of statutes and case law that deal with the broad topic of DUI Law in Florida. As with any criminal charge, consultation with an experienced criminal defense attorney is strongly recommended. For peace of mind, insist on a Board Certified lawyer. Guideline: Penalties for DUI in Florida (Penalties changed, effective July 1, 2008) The 'high' limit for penalty enhancement has been reduced from 0.20% to 0.15% BAL. Penalties may be higher for Blood Alcohol Level or Breath Alcohol Level (BAL) equal to, or in excess of 0.15%. Penalties may also be higher based on number of, and length of time between convictions. First Conviction Blood Alcohol Level less than 0.15%: * A fine of not less than $500 or more than $1000 * Incarceration up to 6 months * Your license will be suspended for 6 mos to 1 year. * You are eligible for a hardship reinstatement of your license upon the completion of DUI school and an alcohol evaluation. * Probation (6 mos to 1 year), including DUI school, community service (50 hrs), alcohol evaluation and treatment, and a victim impact panel. * Mandatory 50 hours community service, or $10 per hour buyout * Impoundment or immobilization of vehicle for at least 10 days * Ignition device (0.20% or higher, 0 - 6 mos) Blood Alcohol Level 0.15% or higher, or minor in the vehicle: * A fine of not less than $1000, or more than $2000. * Incarceration not more than 9 months Second Conviction within 5 years Blood Alcohol Level less than 0.15%: * A fine of not less than $1000 or more than $2000 * Incarceration at least 10 days, not more than 12 months * Your license will be suspended for a minimum of 5 years * Probation for 1 year including DUI School Level II * Impoundment of vehicle for at least 30 days * Ignition device at least 1 year (.20% or higher, at least 2 years) * May petition for a hardship reinstatement of license after 12 months Blood Alcohol Level 0.15% or higher, or minor in the vehicle: * A fine of not less than $2000, or more than $4000. * Incarceration not more than 12 months Second Conviction outside 5 years * A fine of not less than $500 * Incarceration of 0 to 9 months * Your license will be suspended for 6 months to 1 year * Probation for 1 year including DUI School Level II * Ignition device at least 1 year (.20% or higher, at least 2 years) * May petition for a hardship reinstatement of license after 1 year Third Conviction within 10 years (FELONY) * A fine of not more than $5,000 * Incarceration up to 5 years * Your license will be suspended for 10 years * Probation for 0 to 5 years * Impoundment of vehicle for 90 days * Ignition device for at least 2 years * May petition for a hardship reinstatement of license after 2 years Third Conviction outside 10 years (Misdemeanor) * A fine of not less than $2000 or more than $5000 * incarceration of 0 days to 1 year * Your license will be suspended for 5 years * Probation for 1 year * Ignition device at least 2 years * Depending on the length of time between second and third DUIs, you may petition for a hardship reinstatement after 1 or 2 years. Fourth and/or Subsequent Conviction Any person who is convicted of a fourth or subsequent violation of this section is guilty of a Felony of the Third Degree. * A fine of not less than $2000 * Up to 5 years in Florida State Prison * Your license is permanently revoked * You are not eligible for a BPO or hardship license Hardship Reinstatement of Your License In Florida, a hardship reinstatement of your license falls under one of two types: Business Purposes Only (BPO) - A driving privilege restricted to business purposes only means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. Employment Purposes Only (EPO) - A driving privilege restricted to employment purposes only means a driving privilege that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation. Although they sound similar, please note that the Employment Purposes Only hardship reinstatement is more restrictive than the Business Purposes Only. In addition to work, the BPO allows driving to school, your place of worship, and for medical care. The EPO does not.
- Gerald Perez:
It is often said that the typical Òlaw abiding citizenÓ is more likely to find themselves charged with DUI than with any other offense. No DUI case is ÒsimpleÓ. There are more aspects to DUI law than many other more serious offenses. DriverÕs license suspension issues are closely related to DUI charges. After a DUI arrest, an individual is entitled to:
- know what time deadlines they face in order to preserve their rights know how to get a driving permit for work
- know if there is any time where they will not be able to drive, even on a work permit know how to challenge their license suspension
- know when to subpoena the arresting officer to an administrative hearing (and when not to) know if their case can be handled without their appearance in court
- know the strengths and weaknesses of the case
- know if the officer had a valid and legal reason to stop them or otherwise investigate know if a video tape of field tests will reveal possible defenses
- know if the breath test was conducted properly
- know if their case can be defended even if the breath results were over a .08 know what penalties they face
- know what their breath results would have been at the time of driving (not an hour or more later)
- know if there are legal issues which would cause the suppression of evidence or dismissal of case
- know if there were other reasons for poor test performance (nervous, tired, disability, injury, unlevel test surface, poor lighting, distractions from roadway traffic, improper demonstration of tests,
- know if the DUI can be reduced to a lesser charge such a reckless driving
DriverÕs License Issues:
Many times a driverÕs license suspension is associated with a DUI charge. An officer will confiscate a personÕs license if it is alleged he provided a breath sample that tested at an .08 or above, or if the person is alleged to have refused to take an approved test. The driver may challenge this license suspension by demanding from the Department of Highway Safety & Motor Vehicles (DHSMV) an Òadministrative reviewÓ of the license suspension. If the driver prevails, the driverÕs license will be returned. There are numerous other drivers license issue which may arise, including suspensions for too many points, drug convictions, etc.
- Michael Sperounes: D.U.I. is a serious criminal charge which carries up to six (6) months in jail and a one (1) year driver's license revocation for the first offense. A second conviction carries up to nine (9) months to one (1) year in jail and a mandatory five (5) years minimum driver's license revocation, if convicted within five years of the prior conviction. The penalties are even higher for subsequent convictions.
- Casey Ebsary, Jr.: Defense of a DWI or DUI charge can be quite challenging. The main witnesses are the police. There is scientific evidence from the breath test and/or the blood tests being presented against you. The breath test, officer's testimony, and Standard Field Sobriety tests may also present damaging evidence against you.
- Craig Huffman: There are many factors that make a DUI case complex. Can the State prove you were the driver or in actual physical control of the vehicle ? Was there an accident ? Did the officer have probable cause to stop you ? Did you do the roadside tests ? Did you give a breath sample or blood or urine sample ? Were you sick or injured at the time ? Did you make a statement about drinking to the officer ? When was the last time you slept ? Ate ? What did you eat ? Do you wear glasses ? What were you wearing for shoes during the sobriety tests ? Were the police car lights flashing in your face ? The questions are many . . . You have ten days from the date of arrest to request a hearing before the driver's license bureau to get a review hearing of any driver's license suspension so act quickly. Get an attorney. While no one supports drinking and driving, You deserve a defense.
- Walter Foster: So You Have Been Arrested for DUI/DWI in Florida? In Florida, the legislature and courts are getting increasingly more strict with individuals convicted of drunk driving. If you have just been arrested for Driving Under the Influence (DUI) for the first time, you may feel uncertain about the resulting court proceedings. Unfamiliar with the criminal justice system, you may consider having a "friend of a friend" or your family's lawyer represent you on the charges. This may be a critical mistake. DUI law in Florida can be quite complex. Furthermore, the stakes are high-even as a first time offender, you may face hefty fines, probation, revocation of your license and a dramatic rise in your automobile insurance rates. You may even be sentenced to some jail time. Therefore, it is important to hire a defense attorney who has experience in this area of law.
- Michael Misa: There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, alphabet recitation, modified position of attention, fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests. Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitable "fails". Thus, in most cases a polite refusal may be appropriate.
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