First Time With A DUI Charge

DUI Charge Changes Your Life

I don’t know anyone that wants to add the stress of a Driving Under the Influence DUI charge. Most of all you want to get back to your normal life. To do this, you have some important things to do straight away. If you are reading this, you have already gotten out of jail. That usually entails paying cash to the court or making arrangements with a bail bondsman.

Hire Attorney Today

Your DUI charge adds Deadlines, Legalese, and Courtrooms to your life. Can you take advantage of Hillsborough County’s First-Time DUI Diversion Program? Hire a lawyer 813.222.2220 to take care of these things. Also, do you have a Hard Deadline of 10 days after your arrest? You must request an administrative hearing by then or lose your driving privilege for a whole year. This is completely separate from the criminal charge. You could be found “Not Guilty” criminally but because you missed that deadline you would still lose your license. You need an expert, quickly. W. F. “Casey” Ebsary, Jr has prosecuted and defended thousands of DUI cases. Since 1997, he has been a Board Certified Criminal Trial Lawyer. Casey knows the ins and outs of Driving Under the Influence charges. The prosecution needs to prove the drunk driving charge. Let us help you 813.222.2220.

4 Reasons to Hire Expert DUI Attorney Casey Ebsary 813-222-2220

  1. DUI defense lawyer knows when and who you talk to.
  2. Attorney Casey Ebsary knows the administrative procedure.
  3. An expert attorney knows the criminal procedures and knows his way around the court.
  4. Board Certified Criminal Trial Lawyer keeps track of deadlines: for filings, depositions, and court dates.

DUI Charge Procedures

1st Time DUI
1st Time DUI

A DUI charge in Florida starts two separate procedures. The courts have ruled that the Double Jeopardy Clause of the Fifth Amendment does not apply. Florida Statutes Sections 322.2615 and 322.64 permits the civil administrative proceedings. Since it is a civil proceeding, the burden of proof is lower. It is only, is it more likely than not that you are guilty. The civil proceeding includes formal and informal reviews by a hearing officer of the DHSMV with regard to the administrative suspensions and disqualifications. The penalty is the suspension of your driver’s license. The criminal proceedings are in Florida Statutes Section 316.193. This is held in the courthouse with a judge. The criminal proceedings include Arrest, Booking & Bail, Arraignment, Preliminary Hearing, Pre-Trial Motions, Plea Bargains, Trial, and Sentencing. The penalties for a first conviction include driver’s license suspension, fines, and up to 6 months in jail.

Reducing Re-Offending Criminals

A 2005 Bureau of Justice Statistics study found the current system rearrests 76.9 percent of drug offenders. Furthermore, most of these are within the first year. Some of the State’s Attorneys are Reducing Impaired Driving Recidivism by offering diversion programs. Hillsborough County State’s Attorney established a First-Time DUI Diversion Program.

Your next step may be to recover your car. Under Florida Statute Section 316.193(6)(d), the court probably impounded it at the time of sentencing. The clerk of court will mail the car owner the name and number of its location. Normally, the state impounds cars at the time of sentencing. The judge can wave this if the car:

  • belongs to someone else,
  • is the only family vehicle, or
  • another arrangement without the vehicle.

DUI Impound Information

In Tampa, the Police Department Impound Lot is at 100 S 34th St, Tampa, FL 33605 (813) 242-5328
In Pinellas County, most impound releases are at the Front Desk of the following two Sheriff’s Office locations:
The Sheriff’s Administration Building 10750 Ulmerton Rd, Largo, FL 33778
The Sheriff’s North District Station 737 Louden Ave, Dunedin, FL 34698
On federal land (like MacDill Air Force Base) the Military Police impound vehicles off-base with a private tow company. You can find specific information on the DD Form 2506 (PDF).

Let us help you 813.222.2220.