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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.
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How to Choose Tampa DUI Lawyer DUI Attorney

How to Choose a DUI Attorney

How To, Reviews , Compare, Hillsborough , Pinellas , Tampa DUI Lawyer, Polk , Pasco DUI Lawyer, dui checkpoint, dui , video
How to Choose a DUI Lawyer
A useful checklist for hiring a DUI Attorney. Call and ask these Questions:
1. Is the Lawyer Board Certified?
2. Is the Lawyer Experienced?
3. Will you receive Personal Attention?
4. Is the Lawyer a Former DUI Prosecutor?
5. Is the Lawyer a Criminal Defense Expert?
In Florida, less than 1/2 of 1 percent of Lawyers are Board Certified in Criminal Trial Law. Some, but not all Criminal Defense Attorneys are former prosecutors. Former DUI Prosecutors know how the justice system works from inside the office that is seeking your conviction for the crime of Driving Under the Influence. Some firms practice law all over the state with hundreds of open cases in several jurisdictions but we have specialized in this region of Florida.

Video – How to Find and Then Choose a Hillsborough DUI Attorney

This video narrates a recent visit to a DUI Checkpoint. This includes DUI Attorney Casey Ebsary mapping the DUI hot spots in the Hillsborough County Florida area. The St. Petersburg 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.”
The Data also shows:

Top 3 spots for DUI arrests:

Brandon: 412 | Town ‘N Country: 226 | New Tampa: 195 DUI Arrests.
  Video – How to Find and Choose a Pasco DUI Lawyer
Narrates a recent visit to a DUI Checkpoint. Here is what we saw.  There is a Pasco Florida Highway Patrol Arrest Contest. Florida DUI Attorney Lawyer continues to be concerned with the game that some police agencies have made out of DUI arrests. DUI cops in Pasco County Florida set out to break a record of some sort. Then informed the media that a DUI record was broken. The headline reads: “Trooper sets records for DUI arrests.”
Trooper Ron Evans and his colleague “fellow Trooper Richard Arias focus a lot of attention of U.S. 19” so says Fox News in Tampa, Florida. “Evans has developed a well-known reputation for getting suspected drunk drivers off the streets. Last year, he made 238 arrests; back in 2004, he arrested 300.” says Fox News. Arias became a Trooper less than a year ago.

  Video – How to Select and or Choose a Pinellas DUI Attorney

 

DUI Pinellas Attorney Lawyer 1-877-793-9290 or 813-222-2220  – http://www.duipinellascounty.com/ – Casey Narrates a video where recently we visited a DUI Checkpoint. In the meantime, a Pinellas DUI Checkpoint was invalidated.
news.duifla.com/2009/04/pinellas-dui-checkpoint-invalid.html‎
Pinellas DUI checkpoint was invalidated. Pinellas DUI checkpoint was invalidated. The problem with this case is not with the Plan itself, but rather the lack of evidence that the Plan was complied with in conducting the traffic stop of the defendant. The competent substantial evidence is ”sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached.” See Department of Highway Safety and Motor Vehicles v. Trimble, 821 So.2d 1084, 1087 (Fla. 1st DCA 2002) (citing DeGroot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957)).

Video –  How to Go About Choosing a Tampa DUI Attorney

 

 
Tampa DUI Lawyer 813-222-2220 Help for You, a friend, or Loved One. http://duitampabay.com/index.htm In this video DUI Tampa Attorney Lawyer discusses how to choose an Attorney. Meanwhile, Tampa DUI Charges are Dropped  amidst a huge scandal at the Tampa Police Department – Video Updates

DUI Scandal Update 

Tampa DUI Scandal Update: Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI …Tampa DUI Scandal – read more Tampa DUI Lawyer Just reviewed video of a Deputy Sheriff – he Crashes and then Refuses to take a Breath Test. Watch Florida Highway Patrol Video that shows the arrest. Allegations have arisen that the deputy told witnesses they did not need to remain at the scene of the alleged Florida DUI crash. Standby for more details on this breaking story. Here is a previous story about a driving under the influence case involving a police officer who allegedly refused to take a breath test. Tampa DUI Scandal Update: Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI cases. The subjects of the investigation – the cases involving two Officers: Ray Fernandez, Tim McGinnis. We have suspected that DUI cops were watching people and places for reasons they often would not admit. To his credit, the officer in the video below tells us they watch parking lots, act on tips received by phone and other types of electronic messages. We have protected the identity of one officer and give him credit for testifying so candidly. Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures he says, “I get all kinds of stuff.” In early August, I met with an investigative reporter with a major media outlet in Tampa Bay and shared what we had already uncovered in our review of DUI case procedures. Video Can be seen here: http://news.duifla.com/2013/07/tampa-dui-charges-dropped.html

Blood Testing in DUI Cases

Tampa DUI AttorneyReviews Supreme Court on Blood Draws and notes that today the Supreme Court holds that in DUI investigations the natural dissipation of alcohol in the bloodstream does not constitute an exigency to justify warrantless blood test. The Court affirmed the decision of the Supreme Court of Missouri, concluding that “the natural dissipation of alcohol in the bloodstream does not establish a per se exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in drunk-driving investigations.”
In DUI / drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute per se exigency sufficient to justify an exception to Fourth Amendment’s warrant requirement for nonconsensual blood testing. The principle that a warrantless search of the person is reasonable only if it falls within a recognized exception applies where the search involves a compelled physical intrusion beneath the person’s skin and into his veins to obtain a blood sample to use as evidence in a criminal investigation. Natural dissipation of alcohol in the blood may support an exigency finding in a specific case, but it does not do so categorically. Whether a warrantless blood test of a drunk-driving suspect is reasonable must be determined case by case based on the totality of the circumstances.
Download a free copy here:
Video – Choosing a Polk DUI Defense Lawyer Attorney

 

 
A Polk DUI Defense Lawyer Attorney can help you, a friend or a loved one. Visit http://polkduilaw.com/ or call 1-877-793-9290 to discuss your case. DUI or Drunk Driving is a serious charge to have on your driving record in Polk County. You need a serious defense.
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 allowed the plea offer and the case of the multiple DUI offender transfers into the Polk County DUI defendant’s case to the Judge presiding over DUI or Drug Court occur. 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.
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How To, Reviews , Compare, DUI Hillsborough Lawyer, Pinellas DUI Lawyer, Tampa DUI Lawyer, Polk DUI Lawyer, Pasco DUI Lawyer, dui checkpoint, dui