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TRAF1037 DUI 2ND CONVICTION

316.1933.C12A, Driving Under Influence DUI 2nd, DUI 2ND CONVICTION, Tampa DUI Lawyer, TRAF1037,
What is TRAF1037?
Driving Under Influence DUI 2nd

“For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device”

What is TRAF1037?


 
A charge code used in Hillsborough County, Florida Criminal Cases. It represents a second DUI misdemeanor charge, double the penalties, a mandatory ignition interlock, and a harsh driver’s license suspension, without a business purposes license for months.


Charged with TRAF1037 DRIVING UNDER THE INFLUENCE Second Conviction – Call an expert defense attorney at 813-222-2220.


Form Code: TRAF1037
Florida Statute: 316.1933.C12A
Level: Misd (Misdemeanor)
Degree: 1st

Description: DUI 2ND CONVICTION


TRAF1037 DUI 2ND CONVICTION is often charged in Hillsborough County, Florida.


 

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL




316.193 Driving under the influence; penalties.


(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

1. By a fine of:
a. Not less than $500 or more than $1,000 for a first conviction.
b. Not less than $1,000 or more than $2,000 for a second conviction; and

2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.

3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes or contributes to causing:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:

a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and

(II) The person failed to give information and render aid as required by s. 316.062.

For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

1st Time DUI, 2nd Time DUI Or More

Story of a Typical Tampa DUI Traffic Stop

The Story of a Typical DWI / DUI Traffic Stop

Story of a Typical Florida DUI Traffic Stop

Imagine a visit to the Tampa Bay area, on a Florida vacation. There is a dui traffic stop or a minor accident and the cop smells alcohol and asks you to step from the car. The cop often innocently asks if the driver needs directions. More questioning will follow as to where you came from and where you were going. A series of “tests” designed to be recorded and to make drivers look at the very least silly usually follows.

 

 

To Jump ahead Choose One of These Topics

What happens to me after a DUI arrest?

How do I get out of jail after a DUI Arrest?

What happened to my car?

How do I get my Driver’s License back after a DUI charge?

How do I get a copy of the Police Reports?

What happens to me after a DUI arrest?

What happens to me after a DUI arrest?

Failure of Roadside “Tests”

Upon your imminent “failure” of this field or roadside sobriety tests you are part of a DUI Traffic Stop. The cop who stopped you may call a “DUI specialist” to the scene of the traffic stop. Then an officer will take you and the video to the county jail. Then at the jail, an officer asks you to submit to a breath test.

Loss of Privilege

If you don’t comply with the request, the officer seizes your driver’s license and the law suspends your driver’s license immediately or in as little as 10 days. A national data-sharing system shares this event with all 50 states. Your insurance company, an employer, a potential landlord, a potential employer will now have easy access to this alcohol-related traffic stop.

Recording of “Test”

Some Florida counties also produce a video at the jail at or near the time of the breath test. Hernando County, Florida is one such county. Hillsborough County Florida sometimes records the performance of field sobriety test in a room at the jail. The police will sometimes record the request ( in Florida, an Implied Consent warning ) and refusal to take a breath test on video.

DWI Defense or DUI Defense under the strict Florida law can be quite challenging. Often the police are the main and only witnesses. Licenses authorities, prosecutors, and judges will have access to a video of your driving and your field sobriety tests.
Under Florida public records law, the media can obtain copies of all reports, including this video.

Jump back to the beginning of Story of a Typical Tampa DUI / DWI Traffic Stop

How do I get out of jail for a DUI Arrest?

How Do I Get Out of Jail After a DUI Arrest?

If the result is over .08, then the jail is required to hold the driver until a second breath test is less than .08. This is true even though bond has been posted. Upon release from jail, drivers wonder, what happened to my car? Cops usually will rummage through the vehicle seeking cash, contraband (usually drugs or weapons or open containers of alcoholic beverages). A tow truck is generally called to the scene and the vehicle is impounded.

Jump back to the beginning of Story of a Typical Tampa DUI / DWI Traffic Stop

What happened to my car?

What Happened To My Car After My DUI Arrest?

Getting the vehicle back can be quite a challenge. Once you figure out who took your car and where it went, these operators require a photo ID. This is tough since the cops took your license in their efforts to suspend your license.

You must confront the scientific evidence from the breath test and/or the blood tests. Damaging evidence against you may include the breath test, the blood tests, officer’s testimony, and Standard Field Sobriety tests.

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How do I get my Driver’s License back?

How do I get my Driver's License back after a DUI arrest?

Business Purposes License

If you have no prior DUI charges, then you may be eligible for a business purposes only restricted driver’s license. You can waive any challenges to the traffic stop, the alleged refusal to submit to a breath test, or having a breath result of over .08 at the time of the alleged driving. This waiver permit costs around $500. You pay directly Alcohol Traffic Education, the Bureau of Administrative Reviews, and the Division of Drivers Licenses directly. The disadvantage of a business purposes only restricted driver’s license is a permanent entry on your driving record. The entry lists the traffic stop, the refusal, and a breath result over .08.

Hardship License

Another option, usually with the help of a Tampa DUI Lawyer, is to have your attorney request an administrative hearing (with or without witnesses ). You have 10 calendar days from the DUI traffic stop to pay a filing fee and request a hearing. The hearing may be set within 30 days. Your DUI ticket says if you are eligible for a 42-day hardship license. You may challenge the facts and validity of the DUI arrest and the DUI traffic stop under the Florida Law.

Standards For Suspension

The arresting officer sought the suspension of your driver’s license on the date of the DUI stop. The hearing officer uses the standards of the Florida Administrative Code. The hearing officer uses a checklist from that code to validate the suspension of your driver’s license. The checklist covers a few technical requirements surrounding the DUI traffic stop. It also covers the refusal to submit to a DUI breath test. Further, it covers the evidence of a valid DUI breath test over .08 on the Intoxilyzer 8000 breath machine.

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How Do I Get a Copy of My DUI Arrest Police Reports?

How Do I Get a Copy of the Police Reports of My DUI Arrest?

A competent DUI Defense Attorney can file proper legal requests meeting all deadlines. These force the state to provide all information they intend to use against the driver. Some Florida DUI Lawyers have knowledge of the highly technical issues covered in this article and can establish your defense against DUI charges. In Florida, DUI is a serious charge. A conviction usually results in a nearly permanent entry on your driving record, even if you do not have a Florida driver’s license. You cannot seal or expunge the record of this conviction to prevent others from uncovering this event in your life. You need a serious defense. A Board Certified Criminal Trial Lawyer in the Tampa Bay Florida area, can be your attorney and defend you against drunk driving charges and other traffic offenses. A DUI / DWI lawyer to defend against this charge is available right now. Please call 813-222-2220.

Jump back to the beginning of Story of a Typical Tampa DUI / DWI Traffic Stop

 

1st Time DUI, 2nd Time DUI Or More, Clearwater, Expert Attorney WF Casey Ebsary Jr, Largo, St. Petersburg

Arrested Over The Weekend? We Can Appear For You In Court On Monday

If you (or someone you love) has been arrested in the Tampa Florida area over the weekend we can stand in for you in court Monday morning. Having a former DUI prosecutor start helping with your case now, allows you to get back to what’s most important, your life.