Marc A. Joseph, P.A.

Tampa Criminal Defense Attorney
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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 officer’s 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 officer’s 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 driver’s 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 driver’s 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 driver’s 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.




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