(813) 252-1529DUI Lawyer in Tampa
Protecting Your Rights and Fighting for Justice
When a driver gets behind the wheel of a car, the law says that they have the responsibility to be able to safely operate that vehicle. If someone has too much to drink or is driving under the influence of drugs or another impairing substance, they can be arrested for DUI.
A conviction for driving under the influence (DUI) in the state of Florida can have severe consequences. If you are arrested and charged with DUI, your driving privilege, your financial resources, and, in some cases, even your freedom will be at stake. The severity of these penalties depends on whether it’s a first or subsequent offense and whether you injured or put anyone in danger in the process.
Whether you’ve been arrested for a basic DUI or a more serious charge, it’s imperative that you put forth a strong defense and fight the charges. In the Tampa Bay area, you can’t put your DUI case in the hands of the wrong Tampa DUI lawyer, and you should never attempt to defend yourself. Far too much will be at risk. DUI defense attorney Patrick B. Courtney has decades of legal experience and can help you protect your rights and improve your chances of a positive outcome. Call today to learn more.
How Is a DUI Defined in Florida?
You can be charged with driving under the influence in Florida if you are under the impairing influence of a chemical substance, a controlled substance, or alcohol. In most cases, the legal limit for blood alcohol content (BAC) is 0.08 percent. However, lower limits apply to drivers operating commercial vehicles (0.04 percent) and those under the age of 21 (0.02 percent). While this is the legal standard for impairment, it is possible to be charged with a DUI with a BAC lower than the 0.08 percent limit if you are showing obvious signs of impairment or you admitted to drinking or using a controlled substance when questioned by police.
It’s also possible to receive other charges related to a DUI arrest, such as reckless driving or vehicular homicide. If you’ve been arrested for a DUI or another charge related to an impaired driving incident, call the Tampa office of Patrick B. Courtney to talk to a DUI attorney you can trust. It’s important to get an attorney involved in your case as soon as possible so they can act quickly to help you keep your driving privileges and mitigate other penalties.
When Can the Police Arrest You for DUI?
In the state of Florida, a police officer needs to have reasonable suspicion that a crime has been committed or is being committed to have the legal basis to conduct a traffic stop. For example, if someone is driving erratically, this could give the officer reasonable suspicion that the driver is impaired. Many DUI arrests come from routine traffic stops.
Speeding, failing to come to a complete stop at a stop sign, and making a turn without properly signaling are all examples of legitimate reasons an officer may have to pull you over. Once they have made the stop, other evidence, such as smelling alcohol on the driver’s breath, hearing the driver slurring their words, or seeing an open container in the vehicle, can give them a reason to pursue the investigation further.
If you are stopped by the police and arrested for DUI, you will probably be asked to blow into a Breathalyzer device that measures your blood alcohol content level. The law presumes that a driver with a BAC level of 0.08 percent or above is under the influence. However, showing a BAC of less than 0.08 percent isn’t necessarily a free pass.
Drivers with a BAC level under 0.08 percent may also be prosecuted for or convicted of DUI. If a police officer reasonably believes you are impaired by drugs other than alcohol, that officer can arrest you, you can be charged with DUI, and the breath test results will not matter. It’s also possible to be charged with DUI if you are taking legally prescribed medications if they interfere with your ability to drive.
Even if you are charged with a “simple” DUI, it’s a serious matter, but if you cause a traffic accident or injure someone while you’re under the influence, you could face penalties that will change your life — and not in a good way. While the best option is always to refrain from getting behind the wheel when you’ve been drinking or using any impairing substance, it’s still important to fight your charges even if you find yourself in an unfortunate situation. A defense attorney isn’t here to judge or shame you. They are here to represent you and ensure that someone is looking out for your rights and best interests throughout the legal process.
Are DUI Checkpoints Legal in Florida?
States have varying laws surrounding the legality of DUI checkpoints, but in Florida, sobriety checkpoints are legal. However, the checkpoints must comply with specific rules, such as how long officers can pull someone over and how they will select which vehicles to stop. If the police are planning on conducting a sobriety checkpoint, they must also make a public notice with the time and date of the checkpoint to ensure motorists are aware.
It is fully legal to avoid a DUI checkpoint. Drivers are within their rights to choose an alternative route or make a legal U-turn if they spot a DUI checkpoint up ahead. However, if you continue through the checkpoint and are stopped, you must comply. Drivers are required to provide their license and insurance information but don’t have to answer any other questions regarding where they’re going.
If a law enforcement officer at a DUI checkpoint believes they have probable cause that you are driving under the influence based on their interactions with you, they can ask you to take a Breathalyzer test. While an officer can’t physically force you to take a Breathalyzer at a DUI checkpoint, refusing to take the test can result in an automatic DUI arrest because of Florida’s implied consent law. This law states that anyone holding a Florida driver’s license consents to these tests if they are suspected of DUI. If you take a Breathalyzer test and it comes back above the legal limit, don’t panic. A DUI defense attorney may be able to refute the results, making them irrelevant to your case.
What Happens After a DUI Arrest?
After the arrest, the officer will take you to be booked. This involves taking your fingerprints and photograph and recording identifying information, such as your name, date of birth, address, and driver’s license number. Depending on the circumstances surrounding the charges, you may be able to call someone to pick you up, or you may be placed into custody until a hearing can be scheduled.
Because driving under the influence is a criminal offense in Florida, you will need to be formally arraigned and enter in a plea for those charges. It is crucial that you retain an experienced DUI defense attorney as soon as possible. If you don’t have an attorney at that time, it’s generally best to plead not guilty. This will move the case forward to set a court date and give you time to retain legal representation.
While you’re waiting for the next hearing, your attorney will get to work on your case. Depending on the circumstances and charges, this could be determining if you are eligible for a diversion program, trying to get the case dismissed based on a procedural error or lack of evidence, or negotiating a plea deal. You will have the final say in whether you want to try to negotiate the charges or move forward with a trial, but it’s important to talk through all of the options with your attorney and take advantage of their knowledge and experience with the criminal justice system.
If you take a plea deal, you will change your plea to guilty and start your sentence. This could mean jail time, or it could mean probation or going to a substance abuse treatment program. If the case goes to trial, your attorney will start preparing evidence and witnesses to present your case.
What Are the Tampa DUI Penalties?
The penalties for a DUI in Florida depend on the exact charges and whether you have any previous history of driving under the influence.
Listed here are Florida’s basic penalties for a simple DUI conviction with no property damage, no injuries, and no other aggravating circumstances:
- A first DUI conviction is punishable with a one-year driver’s license revocation; up to six months in jail; and a fine of up to $1,000
- A second DUI conviction is punishable with a five-year driver’s license revocation; up to 270 days in jail; and a fine of up to $2,000
- A third DUI conviction is punishable with a 10-year driver’s license revocation; up to 5 years in prison; and a fine of up to $5,000
When the license suspension period is complete, the installation of an IID (ignition interlock device) in an offender’s vehicle is required for all convicted Florida DUI offenders. This is a device that keeps your vehicle from starting until you blow into it — similar to a Breathalyzer test. The vehicle will only start if the device indicates that your BAC is under the legal limit.
Charges that go beyond a simple DUI can result in more serious penalties. For example, if you are in an accident that causes serious bodily injury, you could be convicted of a third-degree felony, which is punishable by up to five years in prison and a fine of up to $5,000.
The most serious DUI-related charges are DUI manslaughter and vehicular homicide. DUI manslaughter or vehicular homicide is a second-degree felony and is punishable by up to 15 years in prison and a fine of up to $10,000. If you left the scene of the accident, it can be increased to a first-degree felony and up to 30 years in prison. A conviction of DUI manslaughter also results in a mandatory permanent revocation of your driver’s license.
What Are the Other Consequences of a DUI Conviction?
Legal penalties, of course, are not the only possible consequences you’ll face after a DUI conviction. Substance use still carries a significant stigma in today’s culture, and being known as a DUI offender can affect many other areas of your life.
Difficulty Finding or Keeping Employment
Your employment — and your ability to find other employment — may be at risk, particularly if driving is your job or is an essential part of your work. In some cases, it may be possible to apply for a hardship license that only allows you to drive to and from work or in the performance of your work duties. However, this isn’t a guarantee. If your license is suspended and your job requires driving, you may have to quit. If you hold a professional license, your licensing board may place you on probation or suspend or revoke your professional license.
Getting a new job may also be made more difficult with a DUI conviction on your record. If the employer does background checks, they may be more hesitant to hire you with a criminal record. Having a felony DUI conviction can also prohibit you from working in certain industries or environments.
Increased Insurance Rates
DUI fines and other penalties can take a chunk out of your bank account, but the financial penalties can also be ongoing. Your auto insurance will cost more after a DUI conviction, and you’ll probably never again pay what you’re paying now. If your premiums rise above what your budget can handle, you may be forced to use alternative transportation. It’s even possible for an insurance carrier to refuse to renew your policy or issue you a new one if they believe a history of DUIs makes you too high of a risk.
Deportation
Immigrants have to abide by certain rules to stay in the country, and one of these is to exhibit good moral behavior and not commit crimes. If you are an immigrant in the state of Florida, a DUI conviction could trigger a deportation order or make you inadmissible if you leave the United States and then try to re-enter the country. This can have life-changing repercussions, including separating you from your family and forcing you to start over in your home country.
Strained Relationships
Substance abuse disorders can cause people to behave in ways they wouldn’t normally, and this can put a significant strain on relationships. Being convicted of a DUI can erode trust with your friends and family members and may even cause them to end their relationship with you.
DUI convictions can also affect your parenting time, parental rights, and custody of your children. If you had your child in the vehicle with you when you were arrested or a judge believed that the child is being put at risk in your present, it could result in reduced or supervised parenting time and a loss of custody.
How Does a First-Time DUI Offender Program Work?
If you are facing your first DUI charge, you may qualify for the Reducing Impaired Driving Recidivism (RIDR) program, which is available in Hillsborough County. Eligible first-time offenders may be able to reduce their charges to reckless driving and avoid serious penalties by completing this program. To be eligible, the DUI must be charged as a misdemeanor. You also cannot have caused an accident or had a minor in the vehicle with you. A BAC of 0.20 percent or higher also makes you ineligible for this program.
To complete the program, offenders must comply with these requirements.
Remain Crime-Free
Engaging in any additional criminal behavior can make you ineligible for the Reducing Impaired Driving Recidivism program. If you are arrested, you can be removed from the program, which could result in being ordered to serve your full sentence.
Complete All Recommended Treatment and DUI School Programs
A large part of the RIDR program is to educate participants on safe driving practices and ensure they get the help they need to overcome substance use disorders. You must comply with all of the orders, including completing a qualifying substance abuse treatment program and successfully finishing DUI school, to be eligible.
Attend the MADD Victim Impact Panel
The Mothers Against Drunk Driving (MADD) organization runs a Victim Impact Panel program designed to help defendants understand the impact their actions may have on those around them. The panel often includes victims who were injured in DUI accidents or family members of those killed by someone driving under the influence. First responders who are on the scene of these accidents and mental health care providers may also speak.
Complete Community Service
All participants in the RIDR program must complete an initial 10 hours of community service. There are various opportunities to fulfill this requirement, and an attorney can help you understand your options and find one that fits your interests and schedule. After the initial 10-hour requirement has been met and the participant has fulfilled all the other terms, they must complete another 50-75 hours of community service, depending on the level assigned to them in the program.
Some participants in the RIDR program may also be required to install an ignition interlock device on their vehicle and be prohibited from using any controlled substances or consuming alcohol.
These are some of the many terms that offenders must comply with in order to complete the RIDR program. First-time offenders who successfully make it through RIDR will be offered a plea of reckless driving.
What Are Some DUI Defense Strategies?
If the state’s evidence against you is overwhelming and a conviction is certain, your attorney may suggest taking the offer of a First-Time DUI Offender Program. However, if you believe that you’re not guilty, a Tampa criminal justice attorney may offer one of these defenses on your behalf.
Improper Stop
The “improper stop” defense is a claim that the police officer did not have sufficient, legal probable cause to make the traffic stop in the first place. DUI defense attorneys know what to look for to ensure that the officer had appropriate reasonable suspicion for the stop and probable cause for the DUI arrest. If either of these pieces is missing, an attorney may be able to get the charges dismissed.
Rising Blood Alcohol Concentration
Defendants often feel like they have no options when a blood alcohol test shows that their BAC is above the legal limit. However, a high test reading doesn’t necessarily mean that you were driving impaired at the time of the stop.
Alcohol takes a few minutes to absorb fully into the system. The “rising blood alcohol concentration” defense is a claim that a suspect was below the legal limit while driving but the suspect’s BAC level rose after the traffic stop and before the breath test. This may also be used if the defendant is given a blood test instead of a breath test because these tests take longer to arrange, giving the BAC more time to rise.
Unreliable Field Sobriety Test
Field sobriety tests are different from breath or blood tests in that they rely on subjective observations by the officer instead of numerical data. When an officer has a driver go through a field sobriety test, the driver may have to perform complex balance maneuvers and exercises designed to test for cognitive impairment, such as difficulty concentrating or memory problems. If the officer believes the driver is unable to execute the maneuvers and exercises correctly, they may then arrest them for DUI.
The issue is that many people have trouble with these tests even when they are completely sober. Injuries, medical conditions, and disabilities can all make these exercises more difficult. Criminal defense lawyers with experience in DUI cases may be able to get the results of a field sobriety test ruled inadmissible in court, which can severely undermine the prosecution’s case.
Error With the Administration or Results of a Breathalyzer Test
Your attorney may challenge the Breathalyzer test as part of your defense strategy. These tests are complex, and there are specific procedures that must be followed with the equipment to ensure accurate results. A defense attorney knows what questions to ask to find issues with — and potentially invalidate — the results, such as:
- Was the police officer properly trained?
- Was the test properly conducted?
- Was the Breathalyzer device properly calibrated and maintained?
Breath tests can also be inaccurate for a variety of reasons. Consuming other substances, such as mouthwash, can result in a high BAC reading, and some medications or medical conditions can also cause a false positive on these tests. If the Breathalyzer tests are determined to be invalid, there may be very little other evidence for the prosecution to make their case.
Violation of the Defendant’s Rights
Law enforcement officers must abide by state and federal laws, and this includes upholding the defendant’s rights before, during, and after the arrest. For example, a defendant must be read their Miranda rights after they are arrested. They also have the right to remain silent and the right to have counsel present when answering investigators’ questions. Officers also have strict rules for when they are allowed to search a person or their property, including their vehicle.
A violation of any of these rights could result in evidence or a confession being ruled inadmissible and the charges being dismissed. A defense attorney is a critical resource during this process because they have the in-depth legal knowledge to know what to look for and how to determine if any of your rights were violated.
Obtain Immediate Legal Help From Criminal Defense Attorney Patrick B. Courtney in Tampa
With over 24 years of legal experience, Tampa DUI attorney Patrick B. Courtney has effectively represented scores of DUI defendants. He knows how to bring these cases to the best possible conclusion.
Pat Courtney represents clients in Hillsborough, Pasco, Polk, Pinellas, Manatee, and Sarasota counties. Find out more by calling (813) 252-1529 or by completing the online contact form on this website.
