Dine, Dance, and Detained: How to Avoid DUI Charges – Tips From a Tampa DUI Attorney
DUI attorneys in Tampa know there are certain locations generally and several bars, specifically that generate much of the DUI traffic stop action for law enforcement agencies. Police are tracking where drivers who have been arrested reported having their last drink. Unfortunately, for the bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers. Not surprisingly, in general, the neighborhoods close to the Tampa Police Department headquarters are hot spots for DUI arrests. Hyde Park and Ybor City are frequent entries on incident reports according to the media. Best advice – make sure to arrange a ride home.
“Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.”
Video of a driving under the influence traffic law enforcement officer from court proceedings at the Hillsborough County Courthouse told drivers what many already knew – cops watch bar parking lots. Now drivers and visitors know which geographic areas and which bars are most likely to have officers waiting to issue DUIs.
“The last-drink survey system does have some flaws, Morgan admitted.” Some of the people with DUI charges were drinking at a private residence or refuse to answer deputies’ questions.
The Town N’ Country area located just west of Tampa International Airport is one of the Tampa DUI hot spots. The roads near the airport are confusing and with so much construction. The signage is unfamiliar and is not always clear. The basis for some of these traffic stops is improper lane changes. Visitors are the frequent victim of DUI patrol officers in this section of Hillsborough County, Florida.
Another Tampa DUI hot spot, the Hyde Park neighborhood has several streets that are one-way only. Officers wait for moving violations like not coming to a complete stop, going the wrong way on a one way or weaving to investigate the potential DUI.
5 Bars in Hillsborough County
“Bars on the lists published by the Tampa Tribune, these bar owners cannot control the police or the surveillance of their locations and their customers.”
MacDinton’s 405 South Howard Avenue, Tampa, FL 33606
The Kennedy 2408 West Kennedy Boulevard, Tampa, FL 33609
Peabody’s 15333 Amberly Drive, Tampa, FL 33647
G Bar/Fusion 1401 East 7th Avenue, Tampa, FL 33605
“Police officer candidly admits the obvious – cops sit in bar parking lots.”
The most frequently reported last drink taken occurs at some of the places listed below. Cops ask people they have arrested:
Where have they been?
How much they drank? and
Where were they going?
Aside from the decision to waive their Miranda rights, the only good that comes of honest answers to these questions will be finding out where drivers can go to increase the probability of an arrest ending the evening.
Where to go to Increase the Odds of a DUI Arrest
“Next time you visit some of the area’s more popular bars, make sure you arrange a ride home if you plan on partaking in more than one or two alcoholic beverages.’ TBO.com
2- The Kennedy
3- Hyde Park Cafe
4- Seminole Hard Rock Casino
6- The Lodge
7- Blue Martini
8- CDB Pizza
9- The Drynk
10- Gaspar’s Grotto
The State Of Florida Department Of Highway Safety And Motor Vehicles
Bureau Of Administrative Reviews
CAUTION: Special Option DUI Hearings for First Time DUI Cases
First, this DHSMV Bureau of Administrative Reviews Office in Tampa 4902 E 10th Ave Tampa, FL 33605 holds many DUI Hearings.
Detailed Information Request For Eligibility Review – Business Purposes Only
Now, DUI Defendants have another confusing decision to make. The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews allows a Request For Eligibility Review. Furthermore, the program has a few drawbacks.
While requesting this a driver may stay on the road for business purposes only. As a result, selecting this strategy results in a DUI Suspension that cannot be avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
Using this form (HSMV 72034) the DUI Suspension can be limited, but not avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
Nevertheless, you or your lawyers can request a review of your record for the purpose of reviewing and determining eligibility for immediate reinstatement of your driving privilege on a restricted basis as provided in section 322.2615(1)(b)3, Florida Statutes.
Business Purposes Only Restrictions
The driver must understand the restriction is for Business Purposes Only as defined in section 322.271, Florida Statutes and the driver must pay a $25.00 filing fee for this review, pursuant to section 322.21(9)(a). The driver must also pay a reinstatement fee of around $200.00 to get the restricted license.
The driver must understand that the restricted license will be for the duration of the suspension period imposed under section 322.2615, Florida Statutes. First driving with an Unlawful Breath-Alcohol or Blood-Alcohol Level has 6 months suspension. Then Refusal to Submit to a Breath, Blood or Urine Test has 1-year suspension.
Reinstatement of the driving privilege uses statutory eligibility requirements. These include enrollment in DUI School. A driver must also understand that acceptance of the reinstated driving privilege as provided in section 322.271(7) Florida Statutes, is deemed a waiver of my right to formal and informal review under section 322.2615, Florida Statutes.
The Form, HSMV 72034 (0512013) is available by email upon request from our office.
Bureau of Administrative Reviews Office Locations
Tampa DUI Defense AttorneyW.F. “Casey” Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service. It is also useful for those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. Therefore, the Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews DHSMV are listed below. The hearing is usually requested on a special form, with required documentation, and a filing fee. Especially relevant, failure to make a proper request, within 10 days of a DUI arrest, results in a license suspension.
Before deciding to waive your right to challenge a suspension, carefully consider what a waiver of your rights means. Most noteworthy, we request and handle these hearings for our Driving Under the Influence clients.
Bureau of Administrative Reviews Office Locations
4585 – 140th Avenue, North, 1002
995 Orange Avenue
4048 Evans Avenue, #305
3223 S. Federal Highway, Suite #8
Ft. Walton Beach
115-A Northwest Racetrack Road
2815 NW 13th Street, Suite 302
7439 Wilson Blvd.
3708 W. Oakland Park Blvd.
2515 West Flagler Street
4101 Clacona Ocoee Road, Suite #152
2325 S. Babcock St., Suite B
237 West 15th Street – Lincoln Center
7282 Plantation Road, Suite #406
504-A Capital Cr. S. E.
2814 E. Hillsborough Ave.
West Palm Beach
1299 West Lantana Road
290 East SR 434
Florida Hearing Office in Hillsborough County, Florida.
We just found out from Rena J. Frazier, Chief of Policy and Communication in the Office of the State Attorney 13th Judicial Circuit, “The State Attorney’s Office is commencing a new DUI initiative called Reducing Impaired Driving Recidivism (RIDR), aimed at reducing impaired driving through enhanced sanctions. RIDR will become effective on March 1, 2018.”
Reducing Impaired Driving Recidivism – RIDR
Program To Help Reduce Repeat DUI Offenders
This is breaking news. At this point, this is all we know. This includes all of Hillsborough County. Recidivism is the likelihood of a convicted criminal to carry out another crime. The new policy hopes to lessen the chance of the driver ever getting a second DUI.
This change in policy is important for drivers charged with their 1st DUI. According to Florida law, pretrial intervention programs can are available for a first time DUI driver as long as they have spoken with a lawyer, agrees to complete the program, waives the right to speedy trial, and the victim, the state, and the judge have all agreed.
Using Drug Recognition Experts (DRE), in FloridaDUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects.
We have obtained training manuals and reviewed the evidence used to support these “experts” and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of “scientific” evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors’ witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during Drug Recognition Experts (DRE) training? Who does the DRE training? What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have? Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard?
What is the History and Origin of the Drug Recognition Expert (DRE}?
The Los Angeles Police Department developed this area of alleged expertise in the 1970’s. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the “certification” is now issued by the cop’s own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.
7 Days to a Better You (DRE)
What is done during DRE training?
A Seven (7) day school is supposed to cover a 706-page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard ? ).
During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.
Let’s visit the second half of this highly accelerated educational program: Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.
Seven days to a better you – In short, street cops become quasi-medical professionals in only one week.
Who does the Drug Recognition Experts (DRE) training?
The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).
What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have?
None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these “experts” they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.
Does Drug Recognition Experts (DRE) “evidence” meet the standard for admissibility under Florida law and the Daubert standard?
No. In July 2013, Section 90.704, Florida Statutes, was amended to read: “Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” Since, 2013, there is little guidance from courts and judges on the validity of this testimony.
Florida Rule of Criminal Procedure 3.220 requires disclosure of “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . .” The rules also discuss, “expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . .” In 1996, the rules also contemplated, “experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test.” FRCP 3.220 at 151 Note ( July 1, 2014).
Florida Drug Recognition Experts DRE are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .
Standardized 12-Step Drug Recognition Experts Protocol
The 12-Step Drug Recognition Experts (DRE) Protocol is standardized because it is conducted the same way, by every drug recognition expert, for every suspect whenever possible. In the above video, the 12-Step Drug Recognition Experts (DRE) Protocol is not shown.
1. Breath Alcohol Concentration (BAC) Test administered to suspect
2. Interview with the Arresting Officer about BAC, the reason for stop & suspect’s behavior, appearance, and driving.
3. Preliminary Examination and First Pulse. DRE asks questions about health, recent food, alcohol, and drugs, including prescribed medications while DRE observes suspect’s attitude, coordination, speech, breath, and face. DRE examines pupils uses horizontal gaze nystagmus (HGN) and takes suspect’s pulse. If needed seek medical assistance immediately. Otherwise, the evaluation continues.
4. Eye Examination. behavior, appearance, and driving. DRE uses HGN, vertical gaze Nystagmus (VGN), and looks for a lack of convergence.
5. Divided Attention Psychophysical Tests. DRE administers the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs and Second Pulse. DRE takes the subject’s blood pressure, temperature, and pulse.
7. Dark Room Examinations. DRE measures at pupil sizes under three different lighting conditions.
8. Examination of Muscle Tone. DRE examines the subject’s skeletal muscle tone (normal rigid, or flaccid).
9. Check for Injection Sites and Third Pulse. DRE looks for injection sites and takes suspect’s pulse.
10. Subject’s Statements and Other Observations. DRE reads Miranda, asks questions about drug use.
11. Analysis and Opinions of the Evaluator. DRE forms an opinion as the suspect is impaired. If DRE believes there is impairment, then the category of drugs will be indicated.
12. Toxicological Examination. DRE requests a urine, blood and/or saliva for toxicology lab analysis.
You want to Avoid DUI charges tonight (and always). Fortune Magazine says 111.3 million people watched last year’s Super Bowl. When we watch the big game with friends we may need a ride. Do NOT drink and drive. Here are the top DUI locations for Tampa. If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber, Lyft maybe even staying where you are.
What is Important?
You want to enjoy the game but you don’t want to make your life a mess. A DUI Charge is very expensive. The costs include:
if you are adjudicated the increase in insurance costs,
sometimes costs associated with education,
time getting booked
time in court
time negotiating how to get back and forth to work or groceries or picking up kids
time learning about the charge
time deciding what attorney to hire
time away from family and friends
stress of the DUI stop with the police
stress of being booked into the jail
stress of court proceedings
stress loss of driving
stress of loss of work
You should do everything you can to Avoid a DUI charge. If you still need a DUI attorney, we are ready to help. Casey Ebsary is an expert DUI attorney. Call him (813) 222-2220.
To find out what we say about avoiding DUI charges at other prime times: