TRAF1012 DRIVING UNDER THE INFLUENCE

May 6, 2025May 6, 2025 W F Casey Ebsary Jr

TRAF1012 Driving Under the Influence Misdemeanor

TRAF1012 A First DUI is frequently charged in Tampa, Florida, Hillsborough County DUI cases. The things needed to prove guilt in a case are listed below. The Florida DUI law is also included below.

“the offense of driving under the influence . . . is subject to punishment”

The charge code used by the police, prosecutors, Judges, and Clerks of Court is TRAF1012. The offense is a criminal charge punishable by jail, fines, court costs, and drivers license suspension.

316.193, Driving under the influence ( DUI ), DUI Driving Under Influence, TRAF1012, — Driving Under the Influence Misdemeanor TRAF1012 First Time DUI in Hillsborough Tampa Florida

If you have been charged with Driving Under the Influence Misdemeanor – Call an Expert Defense Attorney at 813-222-2220.

Let us help you 813.222.2220

Tampa First-Time DUI: Your Top 10 Questions Answered

What specific charge code will I see if I’m arrested for a first-time DUI in Tampa?

You will see the charge code TRAF1012. This code is used to identify a first-time DUI offense in Florida.

What are the key elements the prosecution needs to prove for a first-time DUI conviction in Tampa?

The prosecution must prove that you were operating a vehicle while under the influence of alcohol or drugs, had a blood alcohol concentration (BAC) of 0.08% or higher, and had impaired normal faculties while driving.

Can I still be charged with a DUI if I refused to take a breathalyzer or chemical test?

Yes, you can. The prosecution can still pursue a DUI charge even if you refused to submit to a breathalyzer or chemical test.

What are the potential penalties for a first-time DUI conviction in Tampa with a BAC below 0.15%?

Potential penalties include fines and costs totaling approximately $983.00, up to six months in jail (though rare for first-time offenders), license suspension from 6 months to 1 year, 12 months of probation, 10-day vehicle impoundment, mandatory DUI school and alcohol evaluation/treatment, and 50 hours of community service.

What are some common defenses that can be used in a first-time DUI case?

Common defenses include lack of probable cause for the initial traffic stop, inaccurate field sobriety tests, inaccurate breathalyzer test results, and medical conditions that mimic intoxication.

Why is it important to hire a DUI defense attorney for a first-time DUI charge?

A DUI defense attorney has specialized legal knowledge and expertise, can build a strong defense strategy, can negotiate plea deals, and can represent you in court.

What is the Florida Statute that defines DUI and its penalties?

Florida Statute 316.193 defines driving under the influence and its penalties.

What is the difference between a BAC of .08 and a BAC of .15 in regards to DUI penalties?

A BAC of .15 or higher results in increased fines and penalties compared to a BAC below .15.

What is an Ignition Interlock Device (IID), and when might it be required?

An Ignition Interlock Device (IID) is a device that requires you to pass a breathalyzer test before starting your vehicle. It may be required as part of your sentence for a DUI conviction.

If I am placed on probation for a first time DUI, what does that entail?

If you are placed on probation for a first time DUI in Tampa, you will be placed on 12 months of probation, and will have to abide by the specific rules and regulations of the court.

Understanding First DUI Charges in Tampa, Florida

Driving under the influence (DUI) is a serious offense in Tampa, Florida, and the rest of the state. In Hillsborough County, being charged with a DUI for the first time can be a daunting experience. If you are facing a first DUI charge, it is essential to understand what is required to prove guilt, the Florida DUI law, and the penalties that come with the offense.

What is Needed to Prove Guilt in a First DUI Case?

To prove a driver is guilty of a first DUI offense, the prosecution needs to provide evidence of the following:

The defendant was operating a vehicle while under the influence of alcohol or drugs
The defendant had a blood alcohol concentration (BAC) of 0.08% or higher
The defendant’s normal faculties were impaired while driving

It’s important to note that a DUI charge can still be pursued even if the defendant refuses to submit to a breathalyzer or chemical test.

The Florida DUI Law

The Florida DUI law is a complex set of regulations that set out the rules and penalties for DUI offenses. The key provisions of the law are as follows:

A first DUI offense is considered a misdemeanor
Penalties for a first DUI offense can include up to six months in jail, a fine of $500 to $1,000, and a license suspension of up to one year.
If the driver’s BAC is 0.15% or higher, the fines and penalties increase.
The driver may also be required to attend a DUI school, perform community service, and install an ignition interlock device (IID) in their vehicle.

The Florida DUI law also includes provisions for enhanced penalties for repeat offenders.

Understanding the TRAF1012 Charge Code

The TRAF1012 charge code is used by police officers, prosecutors, judges, and clerks of court to identify a first-time DUI offense. This code is essential for tracking and documenting DUI cases within the state’s legal system. If you have been charged with a DUI, it’s essential to understand the TRAF1012 code and what it means for your case.

The Penalties for a First DUI Offense

The penalties for a First DUI offense in Tampa, Florida, can be severe. Second DUI charges are worse. These penalties can include the following:

Jail Time: A first-time DUI offense can result in up to six months in jail, although this is rare for a first-time offender.
Fines: The fine for a first DUI offense can range from $500 to $1,000, although additional court costs and fees can increase this amount.
License Suspension: A first DUI offense can result in a license suspension of up to one year, although the driver may be eligible for a hardship license.
DUI School: The driver may be required to attend a DUI school or substance abuse treatment program.
Community Service: The driver may be required to perform community service as part of their sentence.
Ignition Interlock Device (IID): The driver may be required to install an IID in their vehicle, which requires them to pass a breathalyzer test before starting the car.

Defending Against a First DUI Charge

If you have been charged with a first DUI offense, it’s essential to understand that there are defenses available to you. Here is our Top 10 Defenses List. Some common defenses used in DUI cases include the following:

Lack of Probable Cause: The police must have a valid reason for stopping your vehicle, such as a traffic violation or suspicion of DUI. If they did not have probable cause, your charges may be dismissed.
Inaccurate Field Sobriety Tests: Field sobriety tests, such as the walk-and-turn or one-leg stand tests, are not always accurate indicators of impairment. If the tests were conducted improperly, your charges may be dismissed.
Inaccurate Breathalyzer Test: Breathalyzer tests can produce false positives or inaccurate results for various reasons. If the test was administered improperly or the machine was not calibrated correctly, your charges may be dismissed.
Medical Conditions: Some medical conditions can mimic the symptoms of intoxication, such as diabetes or neurological disorders. If you have a medical condition that affected your performance on the field sobriety tests, your charges may be dismissed.

It’s important to remember that every case is unique, and the best defense strategy will depend on the specific facts and circumstances of your case. Even star athletes need a defense.

The Importance of Hiring a DUI Defense Attorney

If you are facing a first DUI charge, it’s essential to hire an experienced DUI defense attorney. A qualified attorney can help you understand your legal rights and options, build a strong defense strategy, and guide you through the legal process.

Some of the benefits of hiring a DUI defense attorney include:

Legal Knowledge and Expertise: A DUI defense attorney has specialized knowledge and experience in defending clients against DUI charges. They can help you navigate the legal system and understand your rights and options.
Building a Strong Defense: An experienced attorney can help you build a strong defense strategy tailored to the specific facts and circumstances of your case.
Negotiating Plea Deals: In some cases, a plea deal may be a viable option for resolving your case. A DUI defense attorney can negotiate with the prosecution to secure the best possible plea deal on your behalf.
Representing You in Court: If your case goes to trial, a DUI defense attorney can represent you in court and present a strong case on your behalf.

Let us help you 813.222.2220

If you are facing a first DUI charge in Tampa, Florida, it’s essential to take the charge seriously and hire an experienced DUI defense attorney. A qualified attorney can help you understand your legal rights and options, build a strong defense strategy, and guide you through the legal process.

At our law firm I can help you navigate the complex legal system and fight for your rights. Contact us today to schedule a free consultation and learn more about how we can help you defend against your first DUI charge.

Tampa Florida DUI Charges in Brief

Drive Vehicle
In the State of Florida
Under the Influence of alcohol or controlled substance
Normal Faculties Impaired
Or Blood alcohol over .08

Form Code: TRAF1012

Florida Statute: 316.193.1

Level: Misd (Misdemeanor)

Degree: 2nd

Description: DRIVING UNDER THE INFLUENCE

What are the Penalties under Florida DUI Law?

316.193 Driving under the influence; penalties.

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

Overview From an Experienced Legal Authority

Florida’s DUI Penalties: Understanding the Legal Landscape

Driving under the influence (DUI) in Florida carries significant legal consequences, with penalties varying based on the nature and severity of the offense. The Sunshine State enforces strict measures to deter and punish impaired driving, emphasizing the importance of responsible behavior on the road.

First-Time DUI Offense with BAC Below .15

For individuals facing their first DUI offense with a blood alcohol concentration (BAC) below .15, the total fines and costs amount to $983.00 under §316.193(2)(a). The probation period extends to 12 months according to §316.193(6)(a). Driver’s license revocation spans from 6 months to 1 year as per §322.28(2)(a)1. In addition to potential jail time of up to 6 months (§316.193(2)(a)2.a), there is a 10-day vehicle impoundment period (§316.193(6)(a-c)).

Mandatory penalties include enrollment in DUI School and Alcohol Evaluation & Treatment programs. Completing 50 hours of community service is also required, emphasizing the community-oriented approach in addressing first-time DUI offenses.

Understanding the Legal Components

Florida law, specifically §316.193, governs DUI offenses, outlining the legal components and penalties associated with impaired driving. It serves as a comprehensive guide for legal professionals, defendants, and the general public seeking to understand the intricacies of DUI laws in the state.

Probation and License Revocation

Probation plays a crucial role in monitoring and rehabilitating individuals convicted of DUI. With a 12-month probation period, individuals are subject to supervision and adherence to specific conditions outlined by the court. Simultaneously, driver’s license revocation serves as a deterrent, restricting the individual’s ability to operate a vehicle for a defined period. In the case of a first-time DUI with a BAC below .15, this revocation period spans from 6 months to 1 year, emphasizing the severity of the consequences.

Jail Time and Vehicle Impoundment

Jail time is a significant consequence for DUI offenses, acting as both a punitive and deterrent measure. In this scenario, individuals may face up to 6 months of incarceration, reflecting the gravity of impaired driving. Vehicle impoundment, lasting up to 10 days, reinforces the state’s commitment to removing potential hazards from the road, promoting public safety.

Mandatory DUI School and Community Service

Enrolling in DUI School is a mandatory step in the rehabilitation process. This educational program aims to raise awareness about the dangers of impaired driving, providing participants with valuable insights and tools to make responsible choices. Simultaneously, completing 50 hours of community service fosters a sense of responsibility and community engagement, encouraging individuals to contribute positively to society.

Moving Forward Responsibly

Understanding Florida’s minimum DUI penalties is essential for individuals navigating the legal aftermath of impaired driving. The statutory framework provides a clear outline of the consequences associated with different offenses, empowering individuals to make informed decisions and seek legal guidance when needed.

Conclusion: First-Time DUI Offense with BAC Below .15

As we delve into the details of Florida’s minimum DUI penalties, it becomes evident that the state prioritizes a comprehensive approach to address impaired driving. From fines and probation to license revocation and mandatory programs, the legal system seeks not only to punish but also to rehabilitate and prevent future offenses.

For those grappling with DUI charges, seeking professional legal assistance is imperative. Knowledgeable attorneys can provide guidance tailored to individual circumstances, ensuring a thorough understanding of the legal process and advocating for the best possible outcome. As we emphasize responsible behavior on the road, it is equally crucial to recognize the avenues for rehabilitation and the potential for positive change even in the face of legal challenges.

Let us help you 813.222.2220

1st Time DUI, Underage DUI

University of South Florida DUI – USF DUI

April 6, 2025April 29, 2025 W F Casey Ebsary Jr

University of South Florida DUI – 2025 Update

At the University of South Florida (USF), a DUI arrest can have significant consequences beyond the legal penalties. Students may face academic repercussions, loss of financial aid, and disciplinary action from the university. This page provides updated information on USF DUI enforcement, student conduct policies, and the potential impact of a DUI conviction.

USF Police DUI Enforcement

The USF Police Department actively conducts DUI enforcement on and around the Tampa campus. This includes:

Saturation Patrols: Focused patrols aimed at detecting impaired drivers.
Sobriety Checkpoints: Roadblocks set up to check drivers for signs of intoxication.

At the University of South Florida (USF), a DUI arrest can have significant consequences beyond the legal penalties. Students may face academic repercussions, loss of financial aid, and disciplinary action from the university. This page provides updated information on USF DUI enforcement, student conduct policies, and the potential impact of a DUI conviction. University of South Florida DUI

“USF Police Officers… use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe. Impaired drivers… will face arrest and prosecution.”

USFPD has 43 officers patrolling the campus and surrounding areas. These enforcement efforts are part of a comprehensive approach to traffic safety.

Student Code of Conduct and DUI

A DUI arrest can lead to violations of the USF Student Code of Conduct. Key points include:

Students are responsible for complying with all public laws.
The university can initiate conduct proceedings even if criminal charges are pending.
Violations related to “Misuse of Alcohol” and “Misuse or Possession of Illegal Drugs” are taken seriously.

For more information on student conduct policies, refer to the official USF Student Rights & Responsibilities FAQs.

DUI in Florida – University of Tampa: DUI in Florida – University of Tampa – This page outlines the penalties for DUI in Florida.

Consequences of a DUI for USF Students

A DUI conviction can have far-reaching consequences for USF students, including:

Academic Penalties: Potential suspension or expulsion from the university.
Financial Aid Impacts: Loss of scholarships, including Bright Futures.
Criminal Prosecution: Facing legal charges in Florida courts.
Driver’s License Suspension: Loss of driving privileges.
Student Conduct Proceedings: Disciplinary action by the university.

Florida DUI Laws and College Students

Understanding Florida’s DUI laws is crucial for USF students. Key aspects include:

Legal Blood Alcohol Content (BAC): 0.08% for adults, 0.02% for drivers under 21.
Penalties: Fines, jail time, community service, and driver’s license suspension.
Impact on College Students: Academic, financial, and future employment consequences.

For more information on the penalties of a DUI in Florida, you can review the information provided by the University of Tampa on DUI in Florida.

USF DUI Enforcement History

USFPD has conducted DUI checkpoints and saturation patrols since 2006.
Officer Michael Tinney received awards for DUI enforcement in 2012.
Reports of DUI checkpoints and saturation patrols have been published in local news sources.

Tables

Consequence	Description
Academic Suspension	Potential suspension from USF for violating student conduct.
Financial Aid Loss	Loss of scholarships and other financial aid, including Bright Futures.
Criminal Charges	Facing legal charges in Florida courts.
License Suspension	Loss of driving privileges.

FAQs – University of South Florida DUI

Can a DUI affect my Bright Futures scholarship?

Yes, a DUI conviction can lead to the loss of Bright Futures and other financial aid.

What happens if I get a DUI on campus?

You will face arrest by USFPD and potential disciplinary action from the university, in addition to criminal charges.

Where can I find the USF Student Code of Conduct?

You can find it on the USF Student Rights & Responsibilities website.

What is the legal BAC limit in Florida?

0.08% for adults, 0.02% for drivers under 21.

Time needed: 1 minute

How To: Respond to a USF DUI Arrest

Remain Calm:
Cooperate with law enforcement but do not admit guilt.
Contact an Attorney:
Immediately seek legal representation.
Document Everything:
Keep records of all interactions and paperwork.
Understand Your Rights:
Familiarize yourself with Florida DUI laws and USF student conduct policies.
Attend All Hearings:
Appear in court and at any university disciplinary hearings.
Seek Support:
Utilize resources for students facing alcohol-related issues.

2025 Update Notes

This updated content aims to provide USF students and their parents with comprehensive information on DUI enforcement and consequences. Remember, seeking legal counsel is crucial for navigating the complexities of a DUI arrest.

University of South Florida DUI

College Students

Driving Under The Influence

At the University of South Florida, DUI conviction can have impacts beyond just staying on your driving record for the next 10 years. In addition, you can lose student financial aid including Bright Futures benefits. DUI Attorney W.F. “Casey” Ebsary, Jr. explains University of South Florida Police (USFPD) have conducted DUI checkpoints / DUI saturation patrols since 2006. The USFPD has 43 officers. The USFPD patrol all of the campus and the areas surrounding the campus. Because the University of South Florida DUI cases have a payoff – awards. Furthermore, one DUI contest got the agency a fully loaded Chevrolet Tahoe.

Source: tampabay.com/news/education/college/crime-down-arrests-up-at-usf

Dui Defense Attorney Casey Ebsary, also notes that USF Police Department conduct Saturation Patrols on and around the Tampa, Florida campus. Another press release warned, “The University of South Florida Police Department will conduct DUI Saturation Patrols within our community on January 13, 2012. This patrol will begin at 2:00 a.m. and end at 5:00 a.m.”

Read about the consequences of a DUI for a driver under 21 years old.

As a result, DUI enforcement by “USF Police Officers . . . use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe. Impaired drivers . . . will face arrest and prosecution.” Students caught likely will face driver’s license suspension and criminal prosecution. In addition, these students will face action by the Office of Student Rights and Responsibilities. Some issues in the Student Code of Conduct raised by a University of South Florida DUI are below.

Student Code of Conduct

“The conduct process may be initiated against a student charged with conduct that potentially violates both the criminal law and/or the Student Code of Conduct.”
“Students are responsible for compliance with all public laws.”
“Misuse or Possession of Illegal Drugs.”
“Misuse of Alcohol.”

A sample of Prior University of South Florida DUI Checkpoint

Sobriety Checkpoint on the USF Campus University of South Florida DUI — Sobriety Checkpoint on the USF Campus

We uncovered a report of a DUI Checkpoint Roadblock on the Tampa Campus. It is “USF Police to Conduct Sobriety Checkpoint.” The University of South Florida Police Department will host a Sobriety Checkpoint on Campus on May 15, 2013, beginning at 11:00 pm. . . . [This is ] followed by a four-hour saturation patrol. During this time, USF Police Officers will seek . . . impaired drivers in an effort to keep our streets safe. So impaired drivers . . . will face arrest and prosecution. Furthermore, this operation is part of a comprehensive, collaborative approach to traffic safety by the USF Police Department. Finally, the USF Police Department has primary jurisdiction on and about property owned or controlled by the University of South Florida.

Aggressive Campus Cops

Someone needs to tell DUI Officer Michael Tinney about their primary jurisdiction. We have yet to defend a single DUI arrest, he made on campus. The USF Police Department awarded Officer Tinney Officer of the Year and DUI Enforcement Officer of the Year for 2012. He also received an award from Hillsborough County Mothers Against Drunk Driving (MADD) for his DUI Enforcement in 2012. Officer Tinney actively participates in all enforcement campaigns and leads the DUI Checkpoints for his squad.” He is a DUI arrest award winner in the campus police department’s DUI arrest contest.

Here is a downloadable copy of the USF DUI Checkpoint Announcement.

University of South Florida DUI – USF News

Designated Driver Study

Designated drivers not so sober University of South Florida DUI — Designated drivers not so sober

“When it comes to going out and drinking with friends, most students are capable of securing a designated driver. But according to a USF study, most of these students are putting their lives in the hands of ‘less drunk’ rather than ‘sober’ drivers.”

And “A group of public relations students, led by assistant professor Kelly Werder, conducted surveys and focus-group research for the Tampa Alcohol Coalition and found most USF students think a DUI has the same consequential impact as a speeding ticket.” By Elise Bouchard of the USF Oracle

Another DUI Checkpoint Report

Casey Ebsary, a Board Certified Criminal Trial Lawyer, received a tip that there will be a DUI checkpoint on campus this weekend, July 8. The Hillsborough County Sheriff’s Office and the University of South Florida USF Police Department will conduct the sting and it will apparently be on campus. Most noteworthy these checkpoints are usually posted on the Sheriff’s website, but this one was not. Recently, we obtained a police manual for these types of checkpoints.

Get the complete University of South Florida DUI Checkpoint document to search and read for yourself here.

Source: http://brandon.patch.com/articles/dui-busting-aim-of-heightened-usf-hcso-patrols

DUI Checkpoint Video for iPhone

Previous Coverage Of State University Campus DUI

DUI Means Expulsion from the University

Got DUI – Get Expelled: “UF looks beyond campus for DUI cases – They may try to hide it from Mom and Dad, but University of Florida (UF) students caught driving drunk in Alachua County won’t be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won’t just face criminal courts, they will go before UF’s Office of Student Judicial Affairs, where they could face suspension or expulsion.

Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF’s dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said.”

Campus of University of South Florida DUI Arrests on the Rise

“More than twice as many students were arrested for drunken driving on campus in 2005 than in 2004 because of University Police Department’s new chief and UF President Bernie Machen’s alcohol policies, University Police spokesman Lt. Joe Sharkey said. There were 111 arrests for DUIs on campus in 2005, 44 arrests in 2004 and 56 arrests in 2003, according to University Police Department crime statistics. “

DUI University of South Florida

1st Time DUI, Commercial DUI, Underage DUI

First-Time DUI Diversion

March 31, 2025March 31, 2025 W F Casey Ebsary Jr

A first-time DUI diversion of prosecution after a DUI arrest in Hillsborough County can be overwhelming. Understanding the RIDR program, designed to reduce DUI recidivism, is crucial for those seeking a path to resolution. This guide provides essential Q&A and a detailed table summarizing the program’s eligibility, benefits, and restrictions, offering clarity to individuals facing DUI charges and exploring their diversion options. If you’re looking for expert legal guidance, especially concerning the details found below, contact Casey the Lawyer at DUI2Go.com to discuss your case.

Q&A: RIDR Program in Hillsborough County Florida – Answers from an Expert

Questions and Answers

from a

DUI Expert

As a DUI expert serving Hillsborough County, I understand the anxiety and confusion that follows a first-time DUI arrest. The RIDR program offers a potential path to resolution, but navigating its complexities is vital. This comprehensive guide breaks down the RIDR program through essential Q&A and a detailed table, clearly outlining eligibility, benefits, and restrictions.

My goal is to equip you with the knowledge needed to make informed decisions. If you’re seeking clarity and personalized legal guidance on your DUI case and the RIDR program details presented below, reach out to Casey at DUI2Go.com for expert assistance.

Why was the First-Time DUI Diversion (RIDR) program created?

The program was created to address Hillsborough County’s high rates of DUI crashes, injuries, and fatalities. It aims to reduce recidivism and improve community safety by imposing enhanced sanctions on first-time, non-aggravated DUI offenders.

Who is eligible for the First-Time DUI Diversion program?

Eligibility criteria include: the case must be a misdemeanor DUI offense; there can be no children in the vehicle; the breath alcohol concentration must be below 0.200%; there cannot have been a crash; there cannot be a prior DUI, alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges; there cannot have been a prior DUI diversion program and no more than one non-DUI diversion program as an adult; and in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a felony sentence.

How are cases selected for the program?

Your attorney can request consideration. The State Attorney’s Office evaluates cases individually based on the specific facts. They have the sole discretion to determine eligibility. Sanction levels are determined by BAC and the nature of the offense.

What are the benefits of accepting a plea offer under this program?

Benefits include: No Conviction; reduced charge to reckless driving; withhold adjudication; 12 months probation; vehicle immobilization for 10 days; avoidance of a DUI conviction on their record; and completion of DUI school and any recommended treatment.

What are the restrictions during the diversion program?

Restrictions include: no possession or consumption of alcohol, illegal drugs, or non-prescribed drugs during the 12-month probation period; payment of standard court costs and cost of supervision; and completion of DUI school and any recommended treatment.

Table Summarizing the First-Time DUI Diversion (RIDR) Program:

Category	Details
Program Goal	Reduce DUI recidivism and improve community safety in Hillsborough County.
Eligibility	Misdemeanor DUI, BAC < 0.200%, no crash, no prior DUI-related offenses, no children in vehicle, limited prior diversions, no recent felony convictions.
Case Selection	State Attorney’s Office discretion, individual case evaluation.
Sanction Levels	Level 1: BAC < 0.15%; Level 2: BAC 0.15% – 0.20% or refusal; Level 3: Drug-related DUI.
Plea Offer Benefits	Reduced charge (reckless driving), withhold adjudication, 12 months probation.
Restrictions	10-day vehicle immobilization, no alcohol/drug consumption, payment of court costs, DUI school completion.

Don’t Navigate Your DUI Alone: Connect with Casey Today.

If you or someone you know is facing a first-time DUI in Hillsborough County, contact Casey at DUI2Go.com today. Learn more about Casey here: https://dui2go.com/about/ For expert legal assistance regarding the First-Time DUI Diversion program, reach out to Casey at DUI2Go.com. Contact Casey here: https://dui2go.com/contact/

Original Announcement from 2018

Why Start New First-Time DUI Diversion (RIDR)?

Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.

Who Is Eligible for First-Time DUI Diversion Program?

To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.

What Is The Process For Selecting Cases In This DUI Diversion Program?

The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.

Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?

Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.

1st Time DUI, 2nd Time DUI Or More

DUI Summary: Florida Driver License Handbook

November 17, 2023November 17, 2023 W. F. "Casey" Ebsary Jr

Florida Driver Handbook in English

Understanding DUI Convictions in Florida: A Comprehensive Guide to the Florida Driver License Handbook

Florida Drivers Handbook

Here is a fair use summary of the Florida Driver License Handbook references to DUI charges in Florida. The official manuals can be downloaded for free from the official state website in English and in Spanish

Driving Under the Influence (DUI) is a serious offense that can have significant consequences for individuals in Florida. If you find yourself convicted of DUI, it’s crucial to understand the legal implications and requirements imposed by the state. One of the key aspects of a DUI conviction is the mandatory insurance coverage that must be in place for a specified period. In this guide, we will delve into the details of DUI convictions, the required insurance coverage, and the associated penalties.

The Three-Year Higher Coverage Requirement

When you are convicted of Driving Under the Influence (DUI) in Florida, specific insurance coverage becomes mandatory. The coverage must be at least $100,000 Bodily Injury Liability (BIL) for injuries to one person, $300,000 BIL for injuries to two or more people, and $50,000 Property Damage Liability (PDL). This heightened coverage is mandatory for three years following your DUI conviction. It’s important to note that these higher limits will only apply if you refrain from another DUI or any felony traffic offense during the three-year period. Source: Florida Driver License Handbook

Understanding DUI in Florida | Florida Driver License Handbook

Definition and Conditions

Driving Under the Influence (DUI) charges in Florida can be incurred if an individual is found operating or in physical control of a motor vehicle while under the influence of alcoholic beverages, controlled substances, prescriptions, or over-the-counter medications.

Florida operates under an Implied Consent Law, requiring individuals to take a blood, urine, or breath test if a law enforcement officer has reasonable cause to believe they are under the influence. Refusal to comply with these tests results in an automatic one-year license suspension, with subsequent refusals leading to extended suspensions and legal consequences.

Penalties for DUI

First DUI Conviction

Fine: $500-$1,000 (higher if BAL .15 or higher or a minor is in the vehicle).
Community Service: 50 hours.
Probation: Up to 1 year.
Imprisonment: Up to 6 months (increased to 9 months if BAL .15 or higher or a minor is in the vehicle).
License Revocation: Minimum 180 days.
DUI School: 12 hours.
Evaluation for addiction treatment.
Ignition Interlock Device: If court-ordered, especially for higher BAL or if a minor is present.

Second DUI Offense/Conviction

Fine: $1,000-$2,000 (higher if BAL .15 or higher or a minor is in the vehicle).
Imprisonment: Up to 9 months.
License Revocation: Minimum 180 days.
DUI School: 21 hours.
Evaluation for addiction treatment.
Ignition Interlock Device: At least one continuous year.

Third DUI Offense/Conviction

Fine: $2,000-$5,000 (higher if BAL .15 or higher or a minor is in the vehicle).
Imprisonment: Up to 12 months.
License Revocation: Minimum 180 days.
DUI School: 21 hours.
Evaluation for addiction treatment.
Ignition Interlock Device: At least two continuous years.

Administrative Hearings and License Reinstatement

If your driving privilege is suspended or revoked, you may be eligible to apply for a hardship license or reinstatement. Administrative hearings play a crucial role in determining eligibility for these options. If you wish to appeal a suspension related to alcohol levels, it’s imperative to apply for a formal or informal review hearing within 10 days of arrest. Source: Florida Driver License Handbook

Restricted Driver License

First-time DUI offenders who have no prior DUI-related offenses may be eligible to request a review for a restricted driver license. This option involves appearing at a Bureau of Administrative Reviews (BAR) office within 10 days of the DUI arrest, electing the waiver review option, and paying a non-refundable fee.

Licensed DUI Programs

Individuals facing an administrative suspension for unlawful blood or breath alcohol levels, refusal to submit to tests, or DUI convictions may be required to complete a licensed DUI program. These programs aim to address issues related to alcohol or substance abuse.

In conclusion, navigating the legal landscape of DUI convictions in Florida involves understanding the specific requirements, penalties, and potential pathways for reinstating driving privileges. Seeking legal advice and promptly addressing administrative procedures can significantly impact the outcome of a DUI case.

Entendiendo las Condenas por DUI en Florida: Una Guía Integral del Manual de Licencia de Conducir de Florida

Manual del Conductor de Florida

Aquí tienes un resumen de las referencias del manual sobre cargos de DUI en Florida.

Conducción Bajo la Influencia (DUI) es una ofensa grave que puede tener consecuencias significativas para los individuos en Florida. Si te encuentras condenado por DUI, es crucial entender las implicaciones legales y los requisitos impuestos por el estado. Uno de los aspectos clave de una condena por DUI es la cobertura de seguro obligatoria que debe estar en vigencia por un período específico. En esta guía, exploraremos los detalles de las condenas por DUI, la cobertura de seguro requerida y las penalizaciones asociadas.

Requisito de Cobertura Superior por Tres Años

Cuando eres condenado por Conducción Bajo la Influencia (DUI) en Florida, se vuelve obligatoria una cobertura de seguro específica. La cobertura debe ser de al menos $100,000 por lesiones corporales a una persona, $300,000 por lesiones corporales a dos o más personas y $50,000 por daños a la propiedad. Esta cobertura elevada es obligatoria durante tres años después de tu condena por DUI. Es importante tener en cuenta que estos límites superiores solo aplicarán si te abstienes de cometer otro DUI o cualquier delito grave de tráfico durante ese período de tres años.

Entendiendo el DUI en Florida

Definición y Condiciones

Los cargos por Conducción Bajo la Influencia (DUI) en Florida pueden ser imputados si se encuentra a una persona operando o teniendo control físico de un vehículo motorizado bajo la influencia de bebidas alcohólicas, sustancias controladas, recetas médicas o medicamentos de venta libre.

Ley de Consentimiento Implícito

Florida opera bajo una Ley de Consentimiento Implícito, que requiere que las personas se sometan a una prueba de sangre, orina o aliento si un oficial de policía tiene causa razonable para creer que están bajo la influencia. La negativa a cumplir con estas pruebas resulta en una suspensión automática de la licencia por un año, con negativas subsiguientes llevando a suspensiones prolongadas y consecuencias legales.

Penalizaciones por DUI

Primera Condena por DUI

Multa: $500-$1,000 (mayor si el nivel de alcohol en sangre es .15 o superior o hay un menor en el vehículo).
Servicio Comunitario: 50 horas.
Libertad Condicional: Hasta 1 año.
Encarcelamiento: Hasta 6 meses (aumenta a 9 meses si el nivel de alcohol en sangre es .15 o superior o hay un menor en el vehículo).
Revocación de Licencia: Mínimo 180 días.
Escuela de DUI: 12 horas.
Evaluación para tratamiento de adicciones.
Dispositivo de Interbloqueo de Encendido: Si se ordena por el tribunal (especialmente para niveles de alcohol en sangre más altos o si hay un menor presente).

Segunda Ofensa/Condena por DUI

Multa: $1,000-$2,000 (mayor si el nivel de alcohol en sangre es .15 o superior o hay un menor en el vehículo).
Encarcelamiento: Hasta 9 meses.
Revocación de Licencia: Mínimo 180 días.
Escuela de DUI: 21 horas.
Evaluación para tratamiento de adicciones.
Dispositivo de Interbloqueo de Encendido: Al menos un año continuo.

Tercera Ofensa/Condena por DUI

Multa: $2,000-$5,000 (mayor si el nivel de alcohol en sangre es .15 o superior o hay un menor en el vehículo).
Encarcelamiento: Hasta 12 meses.
Revocación de Licencia: Mínimo 180 días.
Escuela de DUI: 21 horas.
Evaluación para tratamiento de adicciones.
Dispositivo de Interbloqueo de Encendido: Al menos dos años continuos.

Audiencias Administrativas y Restitución de Licencia

Si tu privilegio de conducir es suspendido o revocado, podrías ser elegible para solicitar una licencia de dificultades o restitución. Las audiencias administrativas desempeñan un papel crucial para determinar la elegibilidad para estas opciones. Si deseas apelar una suspensión relacionada con niveles de alcohol, es imperativo solicitar una audiencia de revisión formal o informal dentro de los 10 días posteriores al arresto.

Licencia de Conductor Restringida

Los infractores por DUI por primera vez que no tienen infracciones previas relacionadas con DUI pueden ser elegibles para solicitar una revisión para obtener una licencia de conductor restringida. Esta opción implica presentarse en una oficina de la Oficina de Revisiones Administrativas (BAR, por sus siglas en inglés) dentro de los 10 días del arresto por DUI, elegir la opción de revisión por renuncia y pagar una tarifa no reembolsable.

Programas de DUI con Licencia

Las personas que enfrentan una suspensión administrativa por niveles ilegales de alcohol o aliento, la negativa a someterse a pruebas o condenas por DUI pueden estar obligadas a completar un programa de DUI con licencia. Estos programas buscan abordar problemas relacionados con el abuso de alcohol o sustancias.

En conclusión, navegar el panorama legal de las condenas por DUI en Florida implica comprender los requisitos específicos, las penalizaciones y las posibles vías para restablecer los privilegios de conducción. Buscar asesoramiento legal y abordar rápidamente los procedimientos administrativos puede tener un impacto significativo en el resultado de un caso de DUI.

Spanish Florida Driver License Handbook

MANUAL OFICIAL PAR A LICENCIAS DE CONDUCIR DE FLORIDA

Spanish Driver Handbook

Uncategorized

DUI Video Law Enforcement Technology

November 17, 2023November 17, 2023 W. F. "Casey" Ebsary Jr

The Evolution of DUI Video Law Enforcement Technology: A Comprehensive Analysis

Introduction

In recent years, the integration of cutting-edge technologies in law enforcement DUI Video has transformed the way agencies operate. This article explores the evolution of law enforcement video technology, body cameras, and in-car camera systems. Axon has been pivotal in spearheading this evolution, offering integrated solutions that redefine how law enforcement officers approach their duties.

The Florida Supreme Court on Video

Video in DUI Case Does Not Lie Says the Florida Supreme Court

Implications for DUI Video Cases in Florida

Understanding the technological landscape is essential to grasp the implications of these advancements in the specific context of DUI cases in Florida. The integration of body cameras, in-car camera systems, and AI-driven analysis changes the quality of evidence during DUI stops.

Elevated Quality of DUI Video Evidence

In DUI cases, where legal proceedings hinge on the accuracy of documented evidence, the integration of body cameras and in-car camera systems significantly enhances the quality of evidence. The synchronized operation of these technologies ensures that every aspect of the encounter, from initial traffic stops to field sobriety tests, is captured comprehensively. This heightened level of documentation becomes invaluable during court proceedings, providing an unfiltered and accurate account of events leading to a DUI arrest.

Comprehensive Documentation of DUI Video Field Sobriety Tests

Field sobriety tests are a critical component of DUI investigations. The integration of in-car camera systems, with their wide-angle coverage and high-definition recording capabilities, ensures the comprehensive documentation of these tests. Every nuance of an individual’s performance during sobriety tests and the corresponding observations of law enforcement officers is meticulously captured. This detailed documentation becomes crucial when assessing the validity of sobriety tests in court.

Minimizing Discrepancies and Legal Challenges

The seamless synchronization of data between body cameras and in-car camera systems minimizes discrepancies in timestamps and ensures the recorded footage aligns accurately. This cohesion is pivotal in addressing potential legal challenges to the admissibility of evidence. Attorneys may scrutinize the procedures for activating and using these technologies, but the integrated approach employed by Axon contributes to maintaining the integrity of the evidence.

AI-Driven Analysis of DUI Video Enhancing Objectivity

The incorporation of AI-driven analysis further enhances the objectivity of incident reviews. AI algorithms can analyze footage, identify patterns, and provide an additional layer of objectivity, especially in the assessment of field sobriety tests. By minimizing the potential for human bias, AI contributes to a more impartial evaluation of an individual’s performance, adding credibility to the evidence presented in DUI Video cases.

The Evolution of Law Enforcement Technology

Having explored the implications in DUI cases, it’s essential to delve into the broader landscape of law enforcement technology evolution. Law enforcement agencies globally have embraced technological innovations to improve their operations and foster accountability. The advent of body cameras and in-car camera systems represents a significant leap forward in this ongoing evolution.

Axon’s In-Car Camera Systems: Revolutionizing Surveillance

Axon’s in-car camera systems represent a paradigm shift in law enforcement surveillance. These systems are not merely additional tools but are strategically designed to complement the capabilities of body cameras, creating a seamless and integrated surveillance network.

Strategic Mounting for Comprehensive Coverage

Strategically mounted within law enforcement vehicles, Axon’s in-car camera systems capture a wide-angle view of the surroundings. This strategic placement ensures that incidents unfolding in the vicinity of the patrol vehicle are comprehensively documented. The high-definition recording, wide field of view, and real-time streaming capabilities contribute to capturing a nuanced and detailed account of events.

Enhanced Documentation in DUI Cases

In the context of DUI cases, the significance of in-car camera systems cannot be overstated. When individuals are pulled over for suspicion of impaired driving, the synchronized operation of body cameras and in-car camera systems ensures that every angle of the encounter is recorded. This dual perspective offers a more complete understanding of the events, addressing potential blind spots and enhancing the overall accuracy of incident documentation.

Seamless Data Synchronization

One of the distinctive features of Axon’s integrated approach is the seamless synchronization of data between body cameras and in-car camera systems. When a law enforcement officer activates their body camera, the in-car camera system simultaneously begins recording. This synchronization eliminates discrepancies in timestamps and ensures that the recorded footage aligns accurately, providing a cohesive narrative that can be crucial in legal proceedings.

The Technological Revolution in Law Enforcement

Law enforcement agencies worldwide have undergone a technological revolution, leveraging innovations to improve operational efficiency and accountability. Among the groundbreaking advancements, the integration of body cameras and in-car camera systems stands out as a game-changer. These technologies have not only provided an unfiltered view of DUI Video law enforcement interactions but have also significantly influenced legal proceedings and public perception.

National Association of Criminal Defense Lawyers Role in Video Technology

The NACDL List of Body Camera Principles serve as a comprehensive framework for the responsible and ethical use of body cameras in law enforcement. They emphasizes the need for clear and strictly enforced policies regarding when body cameras should be recording, preventing individual officers from exercising discretion in these decisions. This ensures a standardized approach, reducing the risk of selective recording.

Clear and Strictly Enforced Recording Policies
- Policies should clearly outline when body cameras are to be recording.
- Discretion in recording decisions should not be left to individual officers.
Adequate Video Storage Duration
- Video must be stored for a sufficient time.
- Ensures the accused can access evidence that may be exculpatory.
Prompt Access for Arrested Individuals and Attorneys
- Arrested individuals and their attorneys should have timely access to all relevant body camera videos.
Minimizing Misinterpretation of Video
- Crafting policies and designing equipment to minimize concerns with video misinterpretation.
Restriction on Officer Access Before Reports
- Police officers should not access body camera footage before preparing initial reports.
Prohibition of Biometric Technologies
- Policies must prohibit the use of biometric technologies (facial recognition) in conjunction with body cameras.
Limited Use of Video for Additional Crimes
- Video must not be later viewed to search for additional crimes or take punitive action.
Adequate Resources for Ongoing Officer Training
- Ensuring sufficient resources for continuous officer training on body camera use.
Resources for Legal Counsel Training
- Adequate resources for training legal counsel, providing necessary expertise and time.
Independent Control of Body Camera Footage
- An independent, non-police agency must retain and control access to body camera footage.

Axon’s Role in Law Enforcement Video Technology

Axon, recognized as a leading provider of law enforcement technology, has been at the forefront of this transformative journey. By consistently offering cutting-edge solutions, Axon has empowered law enforcement agencies to navigate the complexities of modern policing effectively. The focus of this discussion will delve into Axon’s contributions, particularly its in-car camera systems and the integration of artificial intelligence (AI), and their implications in DUI Video cases.

The Role of Artificial Intelligence (AI) in DUI Video Law Enforcement

Axon’s has extended beyond hardware to the incorporation of artificial intelligence (AI) in its camera systems (Axon, 2021). The integration of AI introduces a new dimension to incident analysis, particularly in DUI cases.

AI Algorithms for Advanced Footage Analysis

AI algorithms can analyze footage captured by Axon’s camera systems, identifying patterns and extracting meaningful insights. In DUI cases, where the assessment of field sobriety tests plays a critical role, AI capabilities can contribute to a more objective evaluation. By analyzing an individual’s performance during sobriety tests, AI algorithms can provide an additional layer of objectivity, aiding law enforcement agencies in making data-driven decisions.

Objectivity in Incident Reviews

The incorporation of AI introduces a level of objectivity in incident reviews. By minimizing the potential for human bias, AI-driven analysis contributes to a more impartial assessment of events leading to a DUI arrest. This objectivity is crucial, especially when the stakes are high, and legal proceedings hinge on the accuracy of the documented evidence.

DUI Video Legal Framework: Florida Statutes, Title XXIII, Chapter 316, Section 193

To appreciate the implications fully, it’s essential to contextualize these technological advancements within the legal framework of Florida. Florida Statutes, Title XXIII, Chapter 316, Section 193 outlines the legal parameters concerning DUI offenses in the state. This statute sets the legal blood alcohol concentration (BAC) limit at 0.08%.

The utilization of body cameras and in-car camera systems aligns with the stringent DUI regulations outlined in Florida statutes. These technological tools not only assist law enforcement inlegal proceedings.

Other Technologies in Law Enforcement

Advancements in law enforcement technology have revolutionized the way agencies operate, providing innovative tools that enhance efficiency and response capabilities. Handheld laser spectroscopy devices, for instance, have significantly expedited chemical analysis processes. These portable devices, employed by crime scene investigation units and counter-terrorism teams, swiftly determine the chemical composition of substances, aiding in the detection of narcotics and hazardous materials. What once required days or weeks of lab testing can now be achieved instantly, empowering law enforcement with rapid and accurate results.

Automated License Plate Recognition

Another notable technology reshaping law enforcement is Automatic License Plate Recognition (ALPR). With enhanced storage and computing capabilities, ALPR systems can accurately identify and record license plates on a scale unmatched by traditional methods. This efficiency not only increases the likelihood of apprehending offenders but also allows officers to allocate their time more effectively. Robotic cameras, originally designed for bomb disposal, have found wider applications, enabling law enforcement to explore inaccessible or hazardous areas. Equipped with advanced cameras and recording capabilities, these robotic cameras enhance situational awareness without risking officer safety. Unmanned Aircraft Systems (UAS), commonly known as drones, provide cost-effective aerial oversight, reaching areas helicopters or planes cannot access and offering discreet surveillance without disrupting communities.

Artificial Intelligence #Cops ARE Watching your #Cars License Plate Recognition

Innovations such as the GPS vehicle-pursuit dart offer a non-invasive method for tracking offenders. This technology attaches a GPS tracker to a suspect’s vehicle, eliminating the need for potentially dangerous pursuits. With thermal imaging systems now portable, officers on foot can pursue suspects in low-light conditions, overcoming challenges associated with nighttime operations. Tablets, coupled with cloud computing, enable officers to perform administrative tasks while on the move, fostering increased flexibility and connectivity. Gunshot Detection Systems (GDS) utilize audio sensors to swiftly identify and locate gunfire, enhancing law enforcement’s ability to respond promptly in areas where constant patrols are logistically challenging. As these technologies continue to evolve, law enforcement agencies stand to benefit from increased efficiency, safety, and adaptability in their crucial roles.

Axon uses Artificial Intelligence technology. The symbiotic relationship between body cameras, in-car camera systems, and AI aligns with the trajectory and evolution of law enforcement technology.

Conclusion

In conclusion, the evolution of DUI Video law enforcement technology, particularly the integration of body cameras, in-car camera systems, and AI, represents a transformative leap forward. Axon’s contributions to this landscape have not only enhanced the capabilities of law enforcement officers but have also played a crucial role in shaping the future of policing. In DUI cases, the combined use of body cameras and in-car camera systems, along with AI-driven analysis, offers a multifaceted approach to capturing and interpreting the truth. As technology continues to advance, these integrated solutions stand as a testament to the commitment of law enforcement agencies to uphold transparency, protect individual rights, and ensure the highest standards of accountability.

References

Axon. (2021). Artificial Intelligence in Law Enforcement Technologies. Retrieved from https://www.axon.com/ai.
Florida Statutes, Title XXIII, Chapter 316, Section 193.