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Search for Florida DUI
Attorneys by County.
Tampa DUI Lawyers
- James Thomas:
Do something about your civil infraction ticket before the 30 day time period lapses, you may be waiving valuable rights if you do not act quickly.
- Victoria Holmberg:
Choosing a criminal defense lawyer is an important decision. Criminal defense lawyers are not all the same; every one of them is different in the way they handle cases, be it their experience, ability, or style. A lawyer who would be the best in one type of case may not be in another. Also, depending on the magnitude of the charges and the case, the retainer quoted by a criminal defense lawyer may seem to the client to be extremely high; as much as an expensive car or even a moderately priced house. But remember what is at stake in a criminal case: the liberty of the person accused. When compared to trying to keep one's liberty, money is much less important.
The amount of the retainer paid (whether high or not) is not necessarily indicative of expected quality. Be wary of lawyers who solicit your business or promise good results. They make money off high turnover, and high turnover means that they must plead clients guilty to move on to the next case. No lawyer can ethically or realistically promise a good result. It is a fact of life that 90+% of all criminal defendants are convicted of something. Some cases, therefore, must be pled because "damage control" is all the criminal defense lawyer can do in that particular case.
Criminal defense lawyers often charge flat rate fees, plus expenses. The fee quoted is based on the lawyer's experience in what type of work will be required and how much time it will take. Some lawyers have payment plans. Keep in mind, however, that retaining a lawyer requires the lawyer to take time and devote his or her knowledge and expertise to your case, and, depending on the case, the work is performed in the near future. Ordinary people who work for a living expect to be paid timely. Stores and suppliers expect to be paid shortly thereafter. So, you should expect to pay your criminal defense lawyer shortly after you retain him or her.
- Kinney, Fernandez & Boire:
All of us living in the United States are privileged to live in a country where each individual is guaranteed certain constitutional rights. In criminal cases the courts of our land have determined that individuals suspected of committing a crime, or those individuals who have been charged by the government with a crime, have rights, not only to protect them, but all of society.
- Kim Byrd:
Yourre upset and confused. Each case is unique, and you need an attorney who knows the how to handle your case and who will conmmunicate with you regularly.
You also didnt plan on being in this situation, so finding a good attorney at an affordable price is an absolute necessity.
- Galewski Law Group:
Remember it
is your freedom on the line, do not speak to the authorities until you have
consulted with a lawyer.
- Marcelino Herta:
The Fourth Amendment generally protects the right of people to be free from "unreasonable searches and seizures." In order for a search or seizure to be reasonable under the Fourth Amendment, it must usually be based on individualized suspicion of wrongdoing. In 1979, the U.S. Supreme Court held in Delaware v. Prouse that randomly stopping an automobile to apprehend unlicensed drivers and unsafe vehicles constitutes an unreasonable seizure under the Fourth Amendment, where the officer does not have reasonable suspicion that a motorist has violated the law. The Court reasoned that the State's interest in ensuring roadway safety does not justify discretionary spot checks that intrude on the privacy of motorists.
However, the Court has since made a limited exception for DUI sobriety checkpoints, holding that officers may perform random spot checks to catch drunk drivers with no requirement of individualized suspicion.
- 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.
- 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.
- Kinney, Fernandez, and Boire:
All of us living in the United States are privileged to live in a country where each individual is guaranteed certain constitutional rights. In criminal cases the courts of our land have determined that individuals suspected of committing a crime, or those individuals who have been charged by the government with a crime, have rights, not only to protect them, but all of society.
- 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.
- Gerald Perez:
It is often said that the typical “law abiding citizen”
is more likely to find themselves charged with DUI than with any other
offense. No DUI case is “simple”. There are more aspects to
DUI law than many other more serious offenses. Driver’s 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
Driver’s License Issues:
Many times a driver’s license suspension is associated with a
DUI charge. An officer will confiscate a person’s 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
“administrative review” of the license suspension. If the
driver prevails, the driver’s 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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