Tampa DUI Attorney

Building an Effective DUI Defense Strategy

An effective DUI defense strategy may be built upon evidence of:

• Being unlawfully stopped by law enforcement
• Being arrested without the officer establishing probable cause
• An improperly administered field sobriety, blood, or breath test
• Officers incorrectly administering a forced blood draw

These issues may disqualify the evidence against you. With the help of expert witnesses and a skillful cross-examination, your attorney may be able to show that the evidence against you is inadmissible or does not prove guilt beyond a reasonable doubt. After a person has been charged with DUI, they should consult a skilled attorney. We can get involved from the onset of the legal process and provide insight and direction as your case progresses.

What to Know About Florida DUI Charges

There are a few things everyone should know about driving under the influence in Florida, as well as how these cases work.

You can get a DUI with a blood alcohol level under 0.08%.
Under Section 316.193(a), a person can get a DUI if they drive under the influence of any amount of alcohol or drugs and their normal faculties are impaired.

You can get a DUI without driving. 
Under Section 316.193(2), you can get a DUI if you are under the influence of alcohol, drugs, or a chemical substance and you are under “actual physical control” of a vehicle. Meaning, if you were intoxicated while sleeping in the car but weren't driving, you can still get a DUI. To prove physical control, a prosecutor only has to demonstrate that a person could turn the car on in short order. That could mean proving that the vehicle was operational, the defendant possessed the car key or had it close to them, and that they were located in the vehicle (e.g. the driver's seat).

If you refuse a chemical test, your license will be suspended. 
Once you receive a Florida license, you agree to consent to a chemical test if stopped for suspected DUI. If you are asked to take a chemical test during a DUI stop and you refuse, your driver’s license will be automatically suspended, even if you had nothing to drink.

Most first DUIs are misdemeanors. 
Usually, a first or second DUI is a misdemeanor. However, even a first DUI can be a felony if it involves a hit-and-run, severe property damage, or if someone suffers serious injuries.

Many people do not qualify for a public defender. 
Not everyone qualifies for a public defender. You have to meet state eligibility requirements, which means you must have low income and assets. In Florida, there is a presumption that an applicant is not indigent if he or she owns or has equity in any intangible or tangible real estate or personal property with a net equity value of $2,500 or more, with exclusions.

A DUI can damage your credit. 
If you have to rely on credit cards to pay your fines, the costs of an ignition interlock device, school fees, and so on, the hefty credit card balances could affect your credit utilization ratio and FICO score. Additionally, if you fail to pay a court-ordered fine, it could go to collections.

The Cost of Hiring the Wrong DUI Attorney

One of the main concerns for offenders is how much it will cost to hire a Tampa DUI lawyer. While most people recognize the benefits of experienced legal representation, some choose to find a lawyer who offers the lowest price in hopes of saving money. Unfortunately, while they might save a little money at first, they are risking the outcome of their case.

A DUI conviction is not cheap. Not considering penalties like jail time, it costs to be convicted. Take, for example, fees. DUI can result in penalties that start at $500 and range all the way up to $5,000. Under Florida Statutes §316.193, fines depend on a variety of factors, including your BAC when pulled over, as well as any prior convictions.

Fines are only the starting point. Other costs include the money it takes to get a car back after being impounded. That can cost $200 or more. There is also the mandatory installation of the ignition interlock device (IID), which can cost $200 for the installation and $75 a month for regular maintenance. 

DUI charges can also significantly affect the cost of insurance. For three years after a conviction, you will need to get FR-44 insurance with increased coverage. This may cost two or even three times the cost of the pre-DUI policy.

None of this considers the cost of traveling to court, lost work time, and the opportunity cost of having your time and energy taken up by court. Combined with fines, losing a DUI case or pleading guilty is often far more expensive than the cost of a good attorney.

DUI Causing Serious Bodily Injury 

Serious bodily injury is defined as an injury that creates a risk of personal disfigurement, death, or impairment. When these injuries are a factor in a DUI case, you face harsh penalties. 

Types of DUI injury cases include the following:

• DUI Causing Injury: Typically a felony offense, DUI causing injury may be punishable by up to five years in prison and a fine of up to $5,000. The driver must be found guilty of driving under the influence of alcohol or drugs and of causing the accident.
• DUI Manslaughter: Often referred to as vehicular manslaughter, this involves killing another person by causing an accident while under the influence of drugs or alcohol. This felony offense may be punishable by up to 15 to 30 years in prison and a fine of up to $10,000.
• Hit-and-Run: Leaving the scene of an accident may or may not be related to drunk driving. A driver who is accused of leaving the scene of an accident may face felony hit and run charges, especially if charged with DUI. DUI manslaughter and leaving the scene is a first-degree felony punishable by up to 30 years in prison and a fine of $10,000.

Drugged Driving (DUID) in Tampa

DUI charges are not limited to alcohol. Florida laws are equally harsh on those found to be driving under the influence of drugs (DUID). Notably, this includes prescription medications. Many drivers are lured into a false sense of security about their use of prescription drugs and fail to exercise caution. However, prescription drugs are treated similarly to alcohol in charges of DUI if they impair a driver’s abilities. 

Like drunk driving penalties, DUID penalties can increase based on how many offenses a person has committed in the past. However, since DUID charges may involve illegal substances, they’re sometimes accompanied by other charges, such as possession or trafficking.

General penalties for DUID in Florida include:

• First Offense: Up to six months in jail and $1,000 in fines.
• Second Offense: Up to nine months in jail and $2,000 in fines.
• Third Offense: Up to five years in prison and $5,000 in fines.

If a person commits their third DUID offense within 10 years of a prior conviction, they may also have their driver's license revoked for at least 10 years.

Reckless Driving & DUI Charges

Under §316.192 of the Florida Statutes, it is a crime to operate a motor vehicle recklessly, with “willful or wanton disregard” for public safety. This includes fleeing from a police officer. The first conviction will result in imprisonment for up to 90 days and a fine of $25 to $500. For a second conviction, imprisonment can be up to six months; the fine can be $50 to $1000. 

These charges can escalate depending on the circumstances of the arrest. For example, someone who caused property damage or serious bodily injury faces a first-degree misdemeanor or third-degree felony. If the defendant was driving while drunk or drugged, penalties could include mandatory completion of a DUI substance abuse education course. 

What to Expect If Convicted of DUI in Tampa

A person who has been convicted of driving under the influence (DUI) in the state of Florida will face a variety of legal consequences that may affect virtually every area of their life.

DUI charges may be accompanied by the following consequences:

• Imprisonment
• Monetary fines
• Community service
• Driver’s license suspension
• Vehicle impoundment
• DUI school

First-time offenders may qualify for the Hillsborough County Reducing Impaired Driving Recidivism (RIDR) initiative. Under RIDR, a person charged with a first DUI may be able to lower their charges.