At the Law Office of W.F. ”Casey” Ebsary Jr , we understand how debilitating a New Port Richey DUI charge can be. It can lead to immense emotional distress, cost you your driving privileges, and even result in serious penalties. To ensure that you navigate through this challenging time, our highly qualified and committed attorneys are here to help. Our extensive experience offering DUI defense services is marked by diligent preparation, incisive strategy, and aggressive representation. We firmly believe that everyone is entitled to legal protection and we’re ready to fight on your behalf.
Call us today at (813) 222-2220 for a Free Consultation. Apprehending your rights and legal position is critical, and we’re here to provide you with the information you need. Choose a partner who recognizes the gravity of your situation and is committed to standing beside you each step of the way.
Definition of DUI
When facing the complex and potentially life-altering challenges of a DUI charge in New Port Richey, Florida, our law firm acknowledges the gravity of your situation and extends our commitment to understanding your unique circumstances. Our attorneys are highly qualified and astute in navigating the intricacies of Florida’s DUI legislation, commonly known as Florida Statutes Section 316.193. Primarily, this statute identifies driving under the influence as occurring when an individual operates a motor vehicle with a blood or breath alcohol concentration of 0.08% or more, or while their normal capacities are impaired by alcohol or chemical substances.
Given that the consequences of a DUI conviction can include hefty fines, license revocation and even incarceration, we underscore that our objective is to represent DUI defendants. As such, we dedicate ourselves to proactive defense strategies with the aim to accomplish the most favorable outcome possible given your particular circumstances.
Our thorough understanding of the Florida legal system, along with a steadfast commitment to protect your rights, equips our law firm to adeptly manage your case. We understand that a DUI charge is more than just a legal problem – it’s a personal one that can affect your livelihood, reputation and future. Therefore, we approach every client’s situation with the utmost respect and confidentiality.
Our practice is grounded on the principles of diligence, integrity and perseverance. With these principles, we guide DUI defendants through their legal journey, providing solid representation at every step. While we cannot guarantee the outcome of any legal proceeding, our obligation is to ensure the due process rights of our clients are respected. Your defense is at the heart of what we do and your situation is of paramount importance to us.
DUI Stops and Arrests
In New Port Richey, Florida, we understand the process and implications of a DUI stop, and are ready to support and guide you through these challenging circumstances. During a DUI stop, law enforcement must possess reasonable suspicion of impaired driving to justify pulling over a driver. This could be triggered by erratic driving behaviors such as swerving, speeding, or failure to obey traffic signals. If the officer’s suspicion is confirmed through symptoms such as slurred speech, the scent of alcohol, or failure of a field sobriety test, this initial stop can quickly evolve into an arrest.
However, it is vital to note that in order to make an arrest for DUI, the standard of proof is more demanding. The officer must have probable cause, a higher level of legal requirement, based on objective facts and rational inferences, suggesting that the driver is under the influence. Our diligent attorneys at our New Port Richey law firm committed to represent clients who are facing DUI charges.
We believe in the power of proficient defense strategies, grounded in comprehensive understanding and navigation of Florida DUI law. Whether it involves challenging the legality of the traffic stop, the administration of field sobriety tests, or the integrity of breathalyzer results, our lawyers are resolved in safeguarding your rights and striving for the most favorable outcome. Every person has the right to a fair and robust defense when facing serious charges such as DUI, and our firm stands steadfast in upholding this principle.
DUI Testing
If you’re faced with DUI charges in New Port Richey, Florida, understanding the testing methods used in your arrest can greatly contribute to your defense. Primarily, law enforcement uses two types of tests in DUI detection – field sobriety tests and chemical tests.
- Field Sobriety Tests: These tests gauge your physical and cognitive function to determine impairment. Typically, they consist of three standard exercises. The One-Leg Stand is where an officer observes your balance and coordination as you stand on one foot. The Walk-and-Turn test assesses your ability to finish tasks with divided attention – this typically includes walking in a straight line, turning, and walking back. The Horizontal Gaze Nystagmus involves following an object with your eyes while an officer notes any involuntary eye movements, which can be a sign of intoxication.
- Chemical Tests: These tests determine the concentration of alcohol in your system. A Breath Test, often conducted with a breathalyzer device, measures the amount of alcohol in your breath, which then estimates your blood alcohol content (BAC). A Blood Test directly measures the alcohol level in your blood. It is perceived as the most reliable but more invasive than other tests. Lastly, a Urine Test detects the presence of alcohol in your urine. While less frequently used because of its less direct relationship to current blood alcohol content, it’s sometimes used when other methods are not possible.
Obtaining experienced legal representation is crucial as these tests can have significant effects on the outcome of your DUI case. Understanding these aspects will allow our team to potentially contest their validity, leading to positive results in your legal proceedings.
Defenses to DUI
Navigating through a DUI charge can be daunting. We help in New Port Richey, Florida, and are exceptionally well-versed and equipped to defend such cases proficiently through several key strategies:
- Lack of Reasonable Suspicion for a Stop: This refers to the requisite degree of suspicion needed by law enforcement to justify making a traffic stop. If we can demonstrate that there was no valid basis for the officer to stop you, it could potentially invalidate any evidence collected thereafter, working significantly to your benefit.
- Lack of Probable Cause for an Arrest: This means that the law enforcement officer must have sufficient reason to believe that you were driving under the influence. If evidence indicates that the probable cause was lacking, this might render the arrest unlawful.
- Mistakes in Conducting Tests: Breath, blood, or field sobriety tests are critical in DUI cases and need to be administered correctly. Our seasoned lawyers will thoroughly scrutinize the circumstances under which the tests were conducted for any possible errors or inconsistencies.
- Alternative Explanations for Physical Indications of Intoxication: Reddish eyes, slurred speech, or unsteady gait are often associated with intoxication. However, our adept team can provide compelling arguments to establish that these symptoms could result from allergies, fatigue, illness or various other reasons, not necessarily alcohol or drug use.
Our Florida based law firm is dedicated to advocating for DUI defendants and we work tenaciously to unravel the complexities for each client, helping to defend their rights and potentially secure a more favorable outcome.
DUI Penalties
Navigating the complexities of DUI charges in New Port Richey, Florida, can be a daunting task. Our law firm is here to aid you in that journey. Equipped with a deep understanding of Florida’s DUI laws, our team of legal professionals stand ready to defend your rights and interests. We are conversant with the intricate nature of DUI offenses and mitigating circumstances often unseen to the untrained eye.
Under Florida law, DUI offenses are treated with the utmost severity. If convicted, this could result in hefty fines, incarceration, and even license suspension. The sentence typically includes a fine ranging from $500 to $1,000 for first-time offenders, and up to $2,000 for subsequent offenders. But these amounts can significantly increase depending on the specific circumstances such as previous DUI convictions, high blood alcohol concentration, and if a minor was in the car during the DUI incident. Furthermore, incarceration terms could also range from up to 6 months for first-time misdemeanor convictions to a possible five-year term for a third-degree felony. The length of the license suspension also varies depending on the gravity of the offense.
But do not lose hope. Our committed team of attorneys is here to provide a strong defense for those facing DUI charges. We pride ourselves in our comprehensive approach in contesting these charges, looking at all available evidence, and examining every detail to build a robust defense. Our aim is always to protect our clients’ liberties while offering them guidance in an intimidating legal landscape. Remember, being charged with a DUI is not synonymous with a conviction. Every accused has a right to a strong defense and our firm is here to ensure that this right is upheld.
Let Us Help You Fight Your Charges
Every DUI case is unique, demanding a unique approach and personalized strategy tailored to the defendant’s distinctive circumstances. At the Law Office of W.F. ”Casey” Ebsary Jr in New Port Richey, our team is fully equipped and prepared to formulate and execute these individualized defense strategies. Keeping our clients’ best interests at the forefront, our attorneys delve into meticulous analysis of every facet of your case, challenging the validity of breathalyzer test results, the legality of traffic stops, and the administration of field sobriety tests. Potential errors, inconsistencies, or rights infringements can significantly influence the outcomes of a DUI case. We also make use of alternative defense tactics such as presenting plausible reasons for physical signs of intoxication. Our dedication to safeguarding your rights and freedom is unwavering.
Call us now at (813) 222-2220 for a Free Consultation. Trust in a Board Certified Criminal Trial Expert legal partner who is dedicated to navigating you through the complexities of your case.
