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Tampa Criminal Defense
Tampa Criminal Defense
Tampa Criminal Defense
Tampa Criminal Defense
Tampa Criminal Defense

Florida DUI Lawyers And Attorneys

Driving Under The Influence FAQs

Q: I was arrested by the officer for DUI and he took my driver’s license. Can I still drive?

A: Usually the answer to this question is yes assuming that your license was valid prior to the arrest. In the State of Florida, when you are arrested for DUI, you have a right to drive for 10 days following your arrest for DUI. Within that 10 day time period you have a right to challenge the suspension of your license which will occur on the 11th day following your arrest. Call Sour DUI Defense Attorneys today so that we can explain the procedure.

Q: Does that mean that I can’t drive on the 11th day following my arrest?

A: NO. Call our Tampa law office immediately so we can explain to you how we can obtain a business purposes only license that will last for approximately 42 days while we are challenging your license suspension with the Florida Department of Highway Safety and Motor Vehicles.

Q: I have an upcoming arraignment date. What happens on that date?

A: Assuming that you hire a DUI Defense Attorney prior to the arraignment, and that lawyer files the appropriate pleadings, then your appearance and the attorney’s presence is not mandatory at that first court appearance. An arraignment date is the opportunity the law gives us to answer to your charge. By our firm entering a plea of not guilty on your behalf, that puts the wheels in motion to allow the State Attorney to begin an open line of communication with our office regarding your case.

Q: I think I did very well on the roadside field tests and I do not understand how I blew over a .08 on that breath test. Is there a video of those tests?

A: Each DUI case needs to be addressed on a case-by-case basis. Luckily, many law enforcement agencies now have in-car cameras that actually record your performance on the field sobriety tests. We know that these tests are difficult under the best of conditions, not to mention trying to do well on these tests at 2:00 a.m. on the side of a roadway with police lights flashing everywhere.

Q: How do you fight these cases?

A: The first step we take in assessing your DUI case is to look at how the officer came into contact with you. Was it a traffic stop, an accident, a consensual encounter, a 911 call to the police? This is the first step in fully analyzing any DUI case. Under the law, we have something called the Fourth Amendment of the United States Constitution. That fourth amendment clearly states that as citizens we shall be free from unreasonable searches and/or seizures. So, it is extremely important for the government/police to establish how they came into contact with you and was it “valid” under the law. Just because something is written in a DUI report does not mean that it is factually valid and this is especially important with regards to traffic stops.

Q: What is the law in Florida regarding DUI law. What does the State need to prove in order for me to be guilty?

A: The jury instruction for DUI mandates that the State establish:

  • You were Driving or in actual physical control of a vehicle
  • While you were driving or in actual physical control you had a breath or blood alcohol level above a .08

– OR –

You were driving while your “normal faculties” were impaired

“Normal faculties” include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.

Q: I have prior DUI years ago that occurred outside of Florida. Will that effect my case?

A: The answer is probably. Florida prosecutors will usually try to determine if someone has a prior conviction out of state and if they do find it, then there could be additional mandatory minimum sentencing that could include jail, higher fines, longer driver license suspension, and the ignition interlock device. Call our office to discuss your exact situation so we can advise you properly.

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