Breath Test Over 08, DUI On Drugs

Can you get a DUI in a Tesla or self-driving car (Video)?

DUI In Tesla’s Self-Driving Car?DUI in a Tesla – What happens when an officer pulls over a self-driving car? Can the officer charge anyone with a DUI in a self-driving Tesla? Some Scholars have written about this and I thought we might review this issue. Tesla automobiles have an autopilot feature. It is not truly self-driving as Tesla has referred to it as semi-autonomous driving. Other car companies have also tried developing autopilot technology.

What happens when an officer pulls over a self-driving car?

Understanding DUI Charges and Self-Driving Teslas

Read on to learn about the legal implications of being pulled over in a self-driving Tesla.

Can an Officer Charge Anyone with a DUI in a Self-Driving Tesla?

Self-driving technology has been gaining momentum in recent years, with companies like Tesla at the forefront of this emerging industry. However, this technology has raised questions about how law enforcement officers will handle DUI charges when it comes to self-driving cars. In the case of a self-driving Tesla, the driver is not technically in control of the vehicle, which complicates matters for law enforcement officials.

Scholars’ Perspectives on the Issue

Legal scholars have written extensively on this topic, and there is no clear consensus on how the law should treat self-driving vehicles. Some argue that the driver is still responsible for any DUI charges that may arise, as they are ultimately in control of the vehicle, even if they are not physically driving it. Others believe that the responsibility should fall on the car’s manufacturer, as they are the ones who designed and produced the vehicle’s self-driving technology.

Navigating the Future of Transportation

As the technology behind self-driving cars continues to develop, it is likely that we will see more legal and regulatory changes in how they are treated under the law. In the meantime, it is important for both law enforcement officials and the general public to educate themselves on the current state of the law and how it may apply in cases involving self-driving vehicles.

Stay informed about the latest developments in self-driving technology and the law by following reputable sources and consulting with legal professionals as needed.

Here are a few sources to support the information presented:

These sources provide in-depth analysis of the legal and regulatory issues surrounding self-driving cars, including the potential implications for DUI charges.

California Highway Patrol Charges Driver With DUI in a Tesla.

In January 2018, in San Francisco, a person in a Tesla car had an alcohol level twice the legal limit. The Tesla’s operator received a DUI. Tesla has instructed drivers using autopilot to maintain consciousness while driving. Also, Tesla tells drivers using autopilot to keep their hands on the steering wheel. In this arrest, the driver explained that the Tesla was on autopilot to the California Highway Patrol. Even with the driver’s explanation, the officer arrested and charged the driver with DUI. The California Highway Patrol tweeted that the car did not drive itself to the tow yard.

Will Florida Officers Charge Drivers With DUI in a Tesla?

Florida law prohibits an intoxicated driver from being in actual physical control of a vehicle. The car does not need to be moving at the time of a DUI arrest. Florida only requires that the vehicle is capable of being moved. The case law discusses the location of the keys and whether or not the car is operable. Under this broad definition of driving that includes the capacity of physical control of the car, it is highly unlikely the operator of a self-driving car would beat a DUI on that defense. It is probable that the court would find the driver was in actual physical control of the vehicle. Hence, some cars equipped with these automatic driving features have contracts that require the user to keep hands on the steering wheel even when the vehicle is in autopilot mode.


1st Time DUI, DUI News


 Driving Under the Influence Misdemeanor

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
Driving Under the Influence Misdemeanor

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.

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

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:

  1. The defendant was operating a vehicle while under the influence of alcohol or drugs
  2. The defendant had a blood alcohol concentration (BAC) of 0.08% or higher
  3. 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:

  1. A first DUI offense is considered a misdemeanor
  2. 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.
  3. If the driver’s BAC is 0.15% or higher, the fines and penalties increase.
  4. 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:

  1. 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.
  2. 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.
  3. 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.
  4. DUI School: The driver may be required to attend a DUI school or substance abuse treatment program.
  5. Community Service: The driver may be required to perform community service as part of their sentence.
  6. 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. Some common defenses used in DUI cases include the following:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Call a DUI  Expert 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

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
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
1st Time DUI, Commercial DUI, Underage DUI

First-Time DUI Diversion

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

New First-Time DUI DiversionHillsborough 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, Breath Test Over 08

Reducing Impaired Driving Recidivism – Established DUI Diversion

DUI Diversion Program

Established DUI Diversion Programs
Established DUI Diversion Programs in 8th, 9th, 11th, 13th Circuit Courts

The Office of the State Attorney, 13th Judicial Circuit just developed their own DUI Diversion Program. Therefore, we will look at some of Florida’s already established DUI diversion programs. The 8th, 9th, 11th & 15th Circuit Courts all use DUI Diversion for a driver’s first DUI charge. Furthermore, each Circuit Court has different admission rules and distinct program requirements. Update: This Hillsborough County program started March 1, 2018. You can read about what the state’s attorney is looking for, what you might need to know, who is eligible and why you might want to be a part of this program.

Admission Requirements Are Confusing

First of all, some of the confusion of this process is shown below. Since each county has developed their program independently, the demands on the DUI driver differ. Therefore for help, call (813) 222-2220. In Orange and Osceola Counties, only legal U.S. residents can join the DUI Diversion Program. As a result, a tourist, a foreign national or someone on an F1 student visa charged with a DUI could never enter the DUI Diversion program in the Ninth Circuit Court. In Miami-Dade County, there is no upper limit on your breath alcohol concentration (BAC) to make you ineligible. But that same county requires that you sign a statement of guilt before entering. Three of the Circuit Courts (8th, 11th, and 15th) will refuse your admission if a child or animal was with you in the vehicle at the time of the charge. Another difference is that only the 8th Circuit Court will use drunken aggression as a reason to deny your access to the program.


Admission Qualifications of Established DUI Diversion Programs in Florida By County