DUI News, Uncategorized, Underage DUI

Video – Come on Vacation Leave on Probation – Spring Break on the Suncoast –

Indian Shores Beach Police: Come on Vacation, Leave on Probation

Several colleges and universities have spring breaks that overlap this year. The University of Tampa, University of South Florida, and St. Petersburg College all are on Spring Break on the Suncoast at the same time. There are also students arriving in the Tampa Bay area from all over the country.

“seemingly minor charges can result in a 
permanent criminal record”

 


Come on Vacation Leave on Probation


 

Police are stepping up enforcement efforts while all the students are here. Many of the beach roads have very low-speed limits and strict enforcement. The police will be especially strict with all traffic laws, including speed limits. There has been a video that has been produced to put the word out that police will have a zero-tolerance policy towards some students’ activities. Do not Come on Vacation Leave on Probation. Most counties will be looking for underage drinkers and arresting them.



Previous Tampa Bay Area Spring Break Story

 

Here is a story about the types of tactics and criminal charges that police and prosecutors will use. As we previously reported, a “non-discretionary “zero tolerance” policy to encountering and arresting Spring Break visitors. Police are using fairly vague and discretionary charges, such as Disorderly Conduct Florida Statute 877.03. These seemingly minor charges can result in a permanent criminal record. “
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Hillsborough DUI Lawyer | Hillsborough Attorney 813-222-2220 Tampa DUI Florida

Hillsborough 813-222-2220 Tampa
Hillsborough 813-222-2220
Hillsborough DUI Lawyer | Attorney
Call 813-222-2220

Hillsborough DUI Attorney – Charges Defended Since 1997.

Serious Charge | Serious Defense
DUI Attorney Hillsborough

 

DUI charges in Hillsborough County, Florida? DUI Hillsborough Attorney, W.F. “Casey” Ebsary, Jr. is standing by to help you, a friend, or a loved one. DUI Hillsborough Lawyer Casey Ebsary is a Hillsborough DUI Attorney who prosecuted DUI charges in County and Circuit Court – Both Misdemeanors and Felony. Now he is on your side. If you have a DUI anywhere in the Tampa Bay Area, then you probably have some questions to ask from a Hillsborough dui lawyer. You can have your questions answered by a former Hillsborough County DUI prosecutor, W. F. “Casey” Ebsary, Jr. at 813-222-2220.

Casey Ebsary has handled hundreds of Hillsborough D U I cases and knows how to help you with your Hillsborough DUI. He has represented clients in driving under the influence, driving while intoxicated and in other types of civil and criminal cases in many of Florida’s counties. He worked for the State of Florida in prosecution (Assistant State Attorney) and defense Assistant Public Defender).

 

Search Our DUI Hillsborough Website. Search my huge DUI Database for Free – then call me 813-222-2220 .  Hillsborough County DUI Search – Free access for Public, Students, Clients and Attorneys.

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We can help you, a friend, or a loved one
Hillsborough County, Florida DUI Attorney

 

Highest Rating by Lawyers.com

 

Seasoned and Experienced
When you have been arrested for DUI, Board Certified Criminal Trial Lawyer W.F. ”Casey” Ebsary, Jr. is available to help 813-222-2220. For ten years, each spring, Mr. Ebsary taught the Review and Preparation Course for the Florida Criminal Trial Board Certification Exam.  Mr. Ebsary has been a Member of the Student Education and Admissions to the Bar Committee of the Florida Bar, Chairman of the Criminal Law section of the Hillsborough County Bar Association. Mr. Ebsary received his Bachelor of Science in Business Administration, cum laude from the University of Florida and his Juris Doctor, cum laude from the Stetson University College of Law. Mr. Ebsary is also an Editorial Board Member of the Stetson Law Review.
In addition to being Board Certified by the Florida Bar, Casey Ebsary also has received an AV Rating by the Martindale Hubbell Law directory / Lawyers.com. This is their highest rating and shows that a lawyer has reached the height of professional excellence. AV rated lawyers have usually practiced law for many years, and are recognized for the highest levels of skill and integrity.
Defense of a DUI charge can be quite challenging. The main witnesses are generally the police. There is sometimes allegedly scientific evidence from the breath test and/or the medical or legal blood tests being presented against you. The breath test, officer’s testimony, and Standard Field Sobriety tests are used to try to present damaging evidence against you.
Check Out Qualifications of an Experienced Lawyer in Tampa, Florida

 

Board Certified Criminal Trial Lawyer, W.F. “Casey” Ebsary, Jr. can defend you against drunk driving charges and other traffic offenses. Drunk Driving is a nasty charge to have on your driving record. Casey can help defend against this charge. Whether you have been arrested, or just need to learn about the law, this site is dedicated to assisting you in finding some answers.

 

We are available 24 hours a day for a free case evaluation.

Contact a Lawyer in Tampa, Florida
Call 813-222-2220

 

The Tampa Bay area also includes Pinellas, and Pasco Counties. The Tampa Bay area also includes cities and townships of Tampa, Clearwater, St. Petersburg, Land O Lakes, Largo, Lutz, Temple Terrace, and the winter strawberry capital Plant City, to name a few.
If you refuse to take a breath, blood, or urine test after being arrested, or if results of your breath test were .08% or above, your license will be suspended unless a written demand for an administrative hearing is filed within 10 days after arrest.
Driving Under the Influence can be proven several ways. It can be proven with evidence of impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above.
Regardless of how the DUI is proven, when convicted one faces the same penalties. The Driving Under the Influence conviction penalties include: fine, community service, probation, vehicle impoundment, and imprisonment. Hillsborough County Courts sometimes allow defendants to serve their sentences in residential treatment programs for alcohol abuse, drug abuse, alcoholism, and/or addiction.
A fine of $500 to $5,000 and 50 hours of community service is usually imposed. The actual length of imprisonment is determined by the number of DUI convictions and the blood alcohol level and ranges from 6 months to 5 years. The duration that the vehicle is impounded depends on the defendants particular situation.
Serving Hillsborough County Florida and the surrounding counties since 1997.
Hillsborough County Florida DUI Hot Spots
DUI hot spots in the Hillsborough County Florida area. The SP Times reports that in one area, ” Town ‘N Country, Hillsborough County Sheriff’s DUI deputies make sure they monitor that portion of the county every single night.” Visit here for help with a Hillsborough DUI case.

The Data also shows the top 3 spots for DUI arrests:

Brandon with 412; Town ‘N Country with 226; and New Tampa with 195.
Hillsborough Boating Under the Influence Crackdown

 

Hillsborough DUI Lawyer reports a Crackdown enforcing BUI this summer by Florida law enforcement in Hillsborough County. Hillsborough County Sheriff’s Office Marine Unit deputies along with state and federal agencies will be calling the crackdown Operation Dry Water and focus will be upon the detection and enforcement of BUI (boating under the influence) of drugs and/or alcohol. The conviction and penalties are as serious and severe as DUI and can include: arrest, fines, and loss of boating privileges.

 

Florida DUI Arrest Contest Winners

 

A recent Mothers Against Drunk Driving (MADD) Awards Banquet honoring Florida Highway Patrol Officers with exceptional amounts of DUI arrests recognized many Tampa Bay Area officers.
There were 13 contest winners at the Hillsborough County Sheriff’s Office (HSCO) who had made more than 100 DUI arrests that year. There were 16 contest winners at the Tampa Police Department (TPD) who got over a hundred DUI arrests in the year. There were others with less and some officers  were recognized with over a 1000 arrests.
100 DUI Arrest Award Winners – Sheriff’s Office
• Deputy Jackie Brock
• Deputy Beau Dobson
• Deputy James Glover
• Deputy Carolyn Jolly
• Deputy Carl McCalla
• Deputy Jimmy McDowell
• Deputy Matthew McMurphy
• Deputy Felix Moret
• Deputy Lawrence Morrell
• Deputy Shawn Morrey
• Deputy Kevin Stabins
• Deputy Candace Steinmeir
• Deputy Anthony Watson

 

1000+ DUI Arrest Awards
• Deputy Jackie Brock
• Deputy Lloyd Hyder
• Deputy Felix Moret
• Deputy Lawrence Morrell
• Deputy Paul Shute
• Deputy Gregory Williams

 

More Information on Hillsborough County Traffic Crimes

DUI Suspension – DUI Attorney Tampa On Call | 813.222.2220 …

www.dui2go.com/p/dui-suspension.html

 

 

 Rating: 5 – ‎Review by Google+ User

Bureau of Administrative Reviews. The suspension occurs upon arrest for DUI over .08 or Refusal to Submit to a Chemical Test.

Breath Test Calculator

www.dui2go.com/p/breath-test.html

 

 

 Rating: 5 – ‎Review by Google+ User

Online Breath Calculator – Estimates are provided for educational purposes only. Do not use these estimates as a basis for making a decision about drinking or …

Tampa Hillsborough DUI Checkpoints | Labor Day

www.dui2go.com/2010/09/tampa-hillsborough-dui-checkpoints.html
 Rating: 5 – ‎Review by Google+ User

Sep 3, 2010 – Tampa DUI Attorney in Hillsborough County, Florida just received information there will be Three Checkpoints in Three Days! According to law …

Arrest Records Online

www.dui2go.com/p/records-online.html

 

 

 Rating: 5 – ‎Review by Google+ User

You can go here for a quick search of the Hillsborough, Pinellas, and Pasco County Florida County Online Court Criminal Records Databases.

Biography and Qualifications

www.dui2go.com/p/dui-attorney-tampa-home.html

 

 

 Rating: 5 – ‎Review by Google+ User

Failure to have either reasonable suspicion or probable cause to conduct a traffic stop the results in the warrantless search and/or arrest of a driver can result in …

Hiding Evidence at Hillsborough DUI Central Breath Test Unit

www.dui2go.com/2010/01/hiding-evidence-at-hillsborough-dui.html
 Rating: 5 – ‎Review by Google+ User

Jan 2, 2010 – Tampa Hillsborough County DUI Attorney, Lawyer W.F. ”Casey” Ebsary, Jr. contunues to follow efforts by law enforcement to prevent suspects …

 

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DUI in Polk County Florida – Defense Options

DUI Lawyer Polk County, FL

Polk DUI Attorney

813-222-2220
 
Charged With Driving Under the Influence? 
 
Help for You, a Friend, or Loved One
 
 
 

 

A Polk DUI Lawyer is standing by. DUI / DWI / Drunk Driving is serious charge to have on your driving record in Polk County. You need a serious defense. DUI Defense can be challenging. The police are the main state witnesses. Scientific evidence from the Intoxilyzer 8000 breath test or blood tests may be presented against you. Damaging evidence against you may include: the breath test, officer’s testimony, and Standard Field Sobriety Tests.

Search Casey’s Huge Polk County Florida DUI Database for Free

 
 
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W.F. ”Casey Ebsary, Jr.” is a Board Certified Criminal Trial Lawyer and DUI – DWI attorney who helps in Polk County, Florida, has knowledge of these issues, and can help you establish your defense against these and other traffic offenses.
 

Polk D U I Arrests by the Numbers

 
We uncovered a report that there are about 1300 to as many as 1600 people arrested each year for DUI in Polk County according to arrest statistics for each Florida County. The most recent traffic citation and DUI Arrest numbers for Polk County are available on our Polk County Florida DUI Law Blog.

 

How To Choose an Attorney

 
  
 
Defend yourself against this charge with an experienced D U I lawyer right now. For a free case analysis and evaluation, please call or submit your case information on a DUI in Florida, in Polk County or in the Lakeland Area. Many people wish that they had saved the facts of their case while it was still fresh in their mind. We have developed an Interview that can help you to preserve the evidence of your case to help defend you.

 

Polk County Includes the Cities of :

 
Auburndale, Bartow, Crystal Lake, Cypress Gardens,Davenport, Dundee, Fedhaven, Fort Meade, Frostproof, Haines City, Highland City, Highland Park, Kathleen, Lake Alfred, Lake Wales, Lakeland, Mulberry, Nalcrest, Polk City, and Winter Haven
There have been 1300 to as many as 1600 people arrested each year for D U I in Polk County, Florida. Get the arrest statistics for each Florida County as a free PDF download. Get the most recent traffic citation and DUI Arrest numbers as a free PDF download.
DUI News is also available on the DUI Law Blog for free.
Since there is no Bureau of Administrative Reviews Office Locations in Polk County, offenses in Polk County including many DUI issues, such as Under Suspension, Need Driver License for Work and Hardship Driver Licenses, must be resolved at the 2814 East Hillsborough Avenue, Tampa, 33610-4479 Office (813) 276-5795
 
 
Other Drivers License issues may be resolved at the Driver License Offices such as having a Driver license issued, taking a driving test and having an ID Card issued. There are three offices in Polk County:
Polk County Driver License Offices
City Street
Address
Phone
Number
Office
Hours
Comments
Haines City 930 Lily Avenue East 33844-4350
Map to location
(863) 421-3202 Mon-Fri
8am-5pm
Make Appointment Online-All Services CDL Hazmat
Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule
Lake Wales 692 U.S. Hwy 60 West 33853
Map to location
(863) 678-4160 Mon-Fri
8am-5pm
Make Appointment Online-All Services CDL Hazmat
Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule
Lakeland 3249 Lakeland Hills Boulevard 33805-2299
Map to location
(863) 499-2323 Mon-Fri
8am-5pm
Make Appointment Online-All Services CDL Hazmat
Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule

 


 

For More Florida DUI DWI Defense Qualifications & Information Visit Us at the DUI Information Links Below

 

More D U I Information on DUI Drug Court Division

 

Polk County DUI Attorney reports on the DUI Drug court division established by Judge Ronald A. Herring. The Judge ordered that any multiple DUI offender may have the option of DUI Court as part of a plea offer. If the offer and the case is accepted into the division, the Polk County DUI defendant’s case may be transferred to the Judge presiding over DUI or Drug Court . The DUI/Drug Court shall be a condition of the offender’s probation. Also involved in the DUI Court are: Judges, Assistant State Attorneys, Defense Attorneys, County Probation, Polk County Sheriff’s Office, Lakeland Police Department Offices, AA representatives and MADD representatives.

If you may be eligible for the new DUI Court program, we can help.

Polk County DUI Attorney Reports

 
Polk DUI Attorney website and Lakeland Ledger reports 54 Polk DUI cases were thrown out. The reason – what has been suspected for years, since computers have been used to write D U I arrest reports:

1. Cops use a template to write report(s);
2. Cops take a previous D U I report(s) and change the name, leaving details the same;
3. Cops use the same language when talking about the field sobriety exercises.

The Polk County Sheriff Deputy had made “made about 124 arrests for DUI since he began working last year” According to published reports.

Source: www.theledger.com/article/20090808/news/908085027

DISCLAIMER:  The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. The submission of this does not establish an attorney client relationship.


Other Stories About Polk County and Lakeland, Florida

 

DUI Florida Vehicle Immobilization

www.dui2go.com/2012/10/dui-florida-vehicle-immobilization.html

 

 

 Rating: 5 – ‎Review by Google+ User

Oct 1, 2012 – The service is a licensed service provider, with over 10 years experience, for Court ordered probation in Hillsborough, Pinellas, Polk and Pasco …

DUI Attorney Tampa On Call | 813.222.2220 | Hillsborough County FL

www.dui2go.com/

 

 

Oct 29, 2016 – W.F. ”Casey Ebsary, Jr.” is a Board Certified Criminal Trial Lawyer and DUI – DWI attorney who helps in Polk County, Florida, has knowledge of …

www.dui2go.com/2012/06/florida-dui-evidence-missing-video.html
 Rating: 5 – ‎Review by Google+ User

Jun 12, 2012 – … Policy is in effect statewide and should also cover Hillsborough DUI cases, Pinellas DUI cases, Polk DUI cases, and Hernando DUI cases.

 

 

 
Please submit all questions and comments to:
Law Office of Board Certified Criminal Trial Lawyer
W. F. “Casey” Ebsary, Jr.

2102 W Cleveland St
Tampa, FL 33606

813.222.2220
P.O. Box 1550
Tampa FL 33601
813.225.0202*(FAX)
* NOTICE: The publication of our fax number on this web sites is not to be construed as the firm’s consent to received unsolicited fax advertisements, nor does it create an Existing Business Relationship (EBR).
Copyright © 2013, 2014, 2015, 2016 
The Law Office of W. F. “Casey” Ebsary, Jr., Board Certified Criminal Trial Lawyer
All rights reserved.

Last revision:  March 1, 2017

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. 
Before you decide, ask the lawyer to send you free written information about their qualifications and experience.

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Florida DUI Hearings | Bureau of Administrative Reviews | Locations

The State Of Florida Department Of Highway Safety And Motor Vehicles

Bureau Of Administrative Reviews

Bureau of Administrative Reviews, DHSMV, fl dui administrative hearing, Florida DUI Hearings
Tampa DUI Bureau of Administrative Reviews Office 2814 E. Hillsborough Ave. 33610-4479

CAUTION: Special Option for First Time DUI Cases

The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews now allows a Request For Eligibility Review. The program waives the driver’s right to challenge the validity of a suspension and will result in a permanent entry of the driving record.. The driving privilege will be limited and there are a few other drawbacks.

With this option selected a driver may stay on the road for business purposes only. 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.

BREAKING NEWS October 2016

DHSMV Bureau of Administrative Reviews Office in Tampa 4902 E 10th Ave Tampa, FL 33605
DHSMV Bureau of Administrative Reviews Hearing Office Is Now Closed DHSMV Bureau of Administrative Reviews will reopen Wednesday, October 19 at their original location of 2814 East Hillsborough Avenue. 
 From a Well-Informed Local Source: “If you haven’t noticed, the Tampa Field Hearing Office for the Bureau of Administrative Reviews is now closed. They won’t reopen until Wednesday, October 19 at their original location at 2814 East Hillsborough Avenue.” “It would seem that the short-sightedness of the DHSMV is biting our clients in the rear again. We contacted the Pinellas Field Hearing Office, and it would seem that they had no backup plan to schedule hearings or issue temporary permits to Tampa DUI defendants. After being put on terminal hold for a half hour, my office was advised that the Pinellas Office would see our clients to issue temporary permits. They are not going to schedule appointments for Tampa, but at least we can get something for our clients to drive on.”

Detailed Information Request For Eligibility Review – Business Purposes Only

Tampa DUI Defense Attorney W.F. “Casey” Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service to those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. The Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews, Department of Highway Safety and Motor Vehicles (DHSMV) are listed below. The hearing is usually requested on a special form, with required documentation,  and a filing fee. 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. We request and handle these hearings for our Driving Under the Influence clients.
The Form, HSMV 72034 (0512013)  is available by email upon request from our office.

Bureau of Administrative Reviews Office Locations

 

 

City Address Zip Code Phone Number
Clearwater 4585 – 140th Avenue, North, 1002 33762-0000 (727) 507-4405
Daytona Beach 995 Orange Avenue 32114-4663 (386) 254-3912
Ft. Myers 4048 Evans Avenue, #305 33901-0000 (239) 278-7421
Ft. Pierce 3223 S. Federal Highway, Suite #8 34982-8105 (772) 460-3660
Ft. Walton Beach 115-A Northwest Racetrack Road 32547-1644 (850) 833-9716
Gainesville 2815 NW 13th Street, Suite 302 32609-2861 (352) 955-2030
Jacksonville 7439 Wilson Blvd. 32210-3597 (904) 777-2132
Lauderdale Lakes 3708 W. Oakland Park Blvd. 33311-0000 (954) 714-3552
Miami 2515 West Flagler Street 33135-1422 (305) 643-7569
Orlando 4101 Clacona Ocoee Road, Suite #152 32810-4221 (407) 445-5581
Palm Bay 2325 S. Babcock St., Suite B 32901-7121 (321) 984-4810
Panama
City
237 West 15th Street – Lincoln Center 32401-0000 (850) 872-7747
Pensacola 7282 Plantation Road, Suite #406 32504-6331 (850) 494-5728
Tallahassee 504-A Capital Cr. S. E. 32301-3817 (850) 487-2788
Tampa 2814 E. Hillsborough Ave. 33610-4479 (813) 276-5795
West Palm Beach 1299 West Lantana Road 33462 (561) 540-1191
Winter Springs 290 East SR 434 32708-0000 (407) 327-6678

Administrative Hearing Location in Tampa | Florida | DUI Administrative Hearing

W.F. Casey Ebsary, Jr.
DUI Tampa Department of Highway Safety and Motor Vehicles Bureau of Administrative Reviews Florida Hearing Office in Hillsborough County, Florida.

Map thumbnail for this location
State of Florida: Driver Licenses Office
2814 East Hillsborough Avenue, Tampa, FL, United States

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Tampa Bay Florida DUI Questions and Answers

Tampa Bay Florida DUI Questions and Answers

DUI Questions and Answers from a Florida DUI Attorney and Board Certified Criminal Trial Lawyer.

For over ten years, Tampa DUI Attorney has been maintaining this resource for DUI information, It has become a resource for both citizens and Lawyers. We have reviewed our history and summarize a Reviewof the most frequently asked questions (FAQ); We Compare of DUI penalties; and outline How to Get back on the road?

How many DUI Convictions have there been in Florida? 840,000 DUI Convictions.

In Florida, according to recent statistics, nearly 840,000 drivers have DUI convictions on their driving records. These include convictions for Driving Under the Influence of Alcoholic Beverages from the evidence that includes only impairment by alcohol, Chemical Substances, or Controlled Substances. These data also included Driving with an unlawful Blood or Breath Alcohol Level ( DUBAL ). 316.193, F.S. Under Florida law, 316.193, DUI can be proved by impairment of normal faculties or by establishing an unlawful blood alcohol or breath alcohol level ( BAC ) of .08 or above. No matter which method is used, the penalties are the same. However, enhanced penalties are an option when the BAC is above .15.

What are the Five Standard Field Sobriety Tests? Five Roadside Tests for DUI

A horizontal gaze nystagmus test ( HGN ). In this phase, the driver is asked to follow the lighted red tip of a pen with his eyes, without moving his head. Law Enforcement says if a driver has been drinking his eyes will jerk, instead of following the light smoothly. Most cops are not allowed to testify in court about this technique. They are simply not qualified.
The nine steps test. The driver must walk a straight line heel-to-toe for nine steps, make a tight turn, and walk back nine steps.
Balancing on one leg. The driver stands on one foot for about 30 seconds.
Touching the nose. With hands at his side, the driver is asked to close his eyes, lean his head back, and touch his nose with the tip of each finger.
Reciting the alphabet.

What is the minimum Fine for a Florida DUI?$250 Minimum Fine and other penalties.

First-time offenders face the following possible punishment – What is the possible punishment for a First DUI conviction?

Business Purposes Only – Employment Purposes Only Reinstatement for a First Conviction requires people to complete the DUI school and then apply to the Department of Highway Safety and Motor Vehicles for a hearing about a possible hardship or business purpose only reinstatement. The Department of Highway Safety and Motor Vehicles has been imposing Mandatory ignition interlock device for up to six months for BAL of .15 or higher.

What is the possible punishment for a First (1st) DUI conviction? First DUI Penalty Summary

Greater than .15. Increased fine;

Imprisonment for up to six ( 6) months;
At least Fifty ( 50 ) hours of community service;
At least six ( 6 ) months’ revocation of the driver’s license;
DUI School Mandatory attendance of a substance abuse education course.
What is the possible punishment for a Second DUI conviction? Second-time offenders face the following possible, even stricter, punishment: 

What is the possible punishment for a Second (2nd) DUI conviction? Second DUI Penalty Summary

A Second Conviction allows no hardship license except as provided below. The second time around, there will be a mandatory ignition interlock device for one (1) year. If the Second Conviction occurs within five (5) Years, there will be a 5-Year Revocation. There are provisions to apply for hardship business purposes only reinstatement hearing after one (1) year. Strict requirements of DUI school completion and participation in the DUI supervision program is mandatory for the remainder of the revocation.Be careful, because failure to report for counseling or treatment will result in cancellation of  your hardship license. The DUI supervision program demands that the driver may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for twelve (12) months before reinstatement. Finally there is a Mandatory ignition interlock device for one year or for two years if  test result was greater than .15.

Mandatory terms of county jail if within 5 Years;

Ignition Interlock device possible;
Increased fines and revocation periods;
Mandatory attendance of a substance abuse education course usually include counseling;
Refusal to submit to a required breath, urine, or blood test can result in;

At least six and possibly 12 months’ suspension of the driver’s license.

What is the possible punishment for a Third DUI conviction? Three-time offenders face the following possible, even stricter, punishment.

Third DUI Penalty Summary

Third Conviction Within 10 Years is a Felony with a 10-Year Revocation. May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.

Three Important Chemical or Physical Test Provisions

Number One – Refusal to submit to a breath, urine, or blood test is admissible as evidence. Second or subsequent refusal is a misdemeanor of the first degree and is a new a separate crime. License Suspension Period for First refusal is 1 year. License Suspension Period for second or subsequent refusals is 18 months.
The rules are different for Commercial Driver’s Licenses.  License Suspension Period for First refusal is in a commercial motor vehicle 1 year. License Suspension Period for Second or subsequent refusals in a commercial motor vehicle results in a driver being disqualified permanently. For Commercial Driver’s Licenses, there will be no hardship reinstatement permitted.
A conviction for driving a commercial motor vehicle with a blood alcohol level of .04 or above or refusing to submit to a test while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance cannot operate a commercial motor vehicle for a period of 1 year. A second  conviction yields  a permanent disqualification from operating a commercial motor vehicle. There is no hardship license.
Number Two – Blood from a driver or alleged driver can be used instead of or in addition to other tests. This means there can be a forceful withdrawal of blood. Courts have supported and the Florida DUI law provides that blood may be taken in DUI cases involving serious bodily injury or death. The blood sample is taken by authorized medical personnel and the arresting officer can use reasonable force if the driver refuses.
Number Three Can a Portable Alcohol Breath Testing Device be used under Florida Law for persons under 21? Yes Florida law.322.2616, provides that drivers under the age of ( Twenty-One ) 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.”
Why can’t I get my license back?
 
When is a Florida Hardship License Prohibited?
A Driver under Florida DUI law may be prohibited from obtaining a Hardship License when there has been a second (2nd) or subsequent suspension for refusal or if driver has been convicted of (DUI) two (2) or more times.In any event, drivers disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
Why has my car been impounded or immobilized? 10 Days Impoundment or Immobilization of Vehicle
Impoundment or Immobilization of Vehicle may be ordered and is mandatory unless the family of the defendant has no other transportation. For the First conviction, Impoundment or Immobilization of Vehicle is for 10 days; Impoundment or Immobilization of Vehicle for a second conviction within 5 years is 30 days; Impoundment or Immobilization of Vehicle for a  third conviction within 10 years is 90 days. The court may also dismiss the order of  Impoundment or Immobilization of Vehicle for any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

What Happens to the money collected in DUI Cases?

Money from criminal traffic cases now goes to the county. Tens of millions of dollars in fines from DUI and criminal traffic cases that once went to cities and towns go to county clerks instead.

What about DUI Residential Alcoholism Treatment?

Florida DUI laws provide that at court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward term of imprisonment. First Conviction at court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, the court may order not more than 6 months. Furthermore, at the court’s discretion, sentencing terms for .15 or higher or with a minor in the vehicle up to 9 months may be ordered to be served in a residential alcoholism or drug abuse treatment program.

Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

 

 

Frequently Heard Statements in DUI Cases

Officer: “Good evening, sir. Do you know why I pulled you over tonight? Have you been drinking tonight?”
Citizen: “I only had two beers.”

One cop noted that the “two beers line” has been used so often that it’s a joke among DUI cops. In 20 years of patrolling highways, Virginia State Trooper Parker has heard that line more times than she can remember. “I don’t know of any officer out here who, if you tell them you only had two beers, they’ll tell you, “Okay, then, have a nice night,’ ” and let you go.