Driving Under the Influence
Tampa DUI Lawyer

Tampa DUI Lawyers

If you have been arrested for Driving Under the Influence, we will fight to help you keep your license, stay out of jail, avoid fines, and to keep your life as normal as possible.

Many people are stopped and arrested for driving under the influence (DUI) of alcohol or other drugs. The results can be confusing for those involved, especially when unaware of their rights.

When you call on us at Roman & Roman, we will work aggressively to protect your rights and your freedom. We understand that facing the loss of your driver’s license, expensive fines, higher insurance premiums and even jail is extremely serious to you. It is to us, too. That is why we will mount an effective defense strategy designed to help you keep your license, stay out of jail, and keep your life as normal as possible.

The following details the possible penalties for conviction of a DUI:

Jail
At the court's discretion, sentencing terms may be served in a residential alcohol or drug abuse treatment program, credited toward term of imprisonment.
First Conviction Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.
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.
Third Conviction If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
Fourth or Subsequent Conviction Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual offender.

Fine
First Conviction First Conviction: Not less than $500, or more than $1000. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $1000, or more than $2,000.
Second Conviction Second Conviction: Not less than $1000, or more than $2,000. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
Third Conviction Third Conviction after more than 10 years: Not less than $2,000, or more than $5000. With BAL of .20 or higher or minor in the vehicle: Not less than $4,000.
Fourth or Subsequent Conviction Fourth or Subsequent Conviction: Not less than $2,000. With BAL of .20 or higher or minor in the vehicle. Not less than $5,000.

License Suspension
First Conviction Minimum 180 days revocation, maximum one year.
Second Conviction Within 5 Years Minimum 5 years revocation. May be eligible for hardship reinstatement after one year. Other 2nd offenders same as "A" above.
Third Conviction Within 10 Years Minimum 10 years revocation. May be eligible for hardship reinstatement after two years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.

Business Purpose License & Interlock
First Conviction Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .20 or higher, or for two years if BAL is greater than .20.
Second Convictions (or more) No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.
Second Conviction Within 5 Years (5-Year Revocation)May apply for hardship reinstatement hearing after one year. 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 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 one year or for two years if BAL is greater than .20.
Third Conviction Within 10 Years (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.

Immobilization of Vehicle
Unless the family of the defendant has no other transportation:
First Conviction 10 days
Second Conviction Within 5 Years 30 days
Third Conviction Within 10 Years 90 days

Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of 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.

Learn More: A thorough explanation of the possible consequences and different penalties of DUI are detailed by the Florida Department of Highway Safety and Motor Vehicles at http://www.flhsmv.gov/ddl/duilaws.html.

What to expect during and after a DUI arrest.

If you’ve been stopped and arrested for DUI, it will help you to know what to expect. The following information will assist you in being prepared for the chain of events such an arrest sets into motion. You are required to do certain things within certain time frames. Failure to do so can and will worsen your situation. Your Roman & Roman defense attorney will inform you and help you make sure you receive the best possible outcome following arrest.

The Initial Stop

All DUI’s begin when a law enforcement officer develops reasonable suspicion or probable cause to stop your vehicle. The officer may notice your vehicle speeding, driving too slow, ignoring traffic control devices, weaving, and the like. Any one or a combination of these may prompt the officer to pull over your car. At Roman & Roman, we will pick apart the officer's reasoning to stop your vehicle and look for ways to have your case dismissed or reduced.

Field Sobriety Exercises

Once you are stopped, the officer may look for the “classic” signs of DUI: for example, slurred speech, bloodshot or glassy eyes, the odor of alcohol, or an inability to follow directions. Based on what the officer senses, he or she may then ask you to perform Field Sobriety Exercises (FSE’s). In Florida, FSE’s are voluntary, so you cannot be forced to do them. If the officer acts in any way that causes you to believe that you must perform these exercises, your performance may not be able to be used in court. FSE’s are used by law enforcement to gauge your level of impairment during the DUI investigation in order to develop probable cause to make an arrest.

When the officer is administering the FSE’s, he or she will be looking to see how well you perform and how well you follow directions. Almost always, the police focus on what you are doing wrong and never focus on what you are doing right. FSE’s are highly unreliable and there can be many ways to attack their results. When you hire Roman & Roman to fight your case, you will have an experienced former prosecutor on your side to aggressively defend you.

The National Highway Traffic Safety Administration (link: http://www.nhtsa.dot.gov/) created three standardized exercises that are regularly used during a DUI stop: the Horizontal Gaze Nystagmus (HGN), the Walk and Turn, and the One-Legged Stand. There are set ways that law enforcement officers should give each of these exercises and, if done incorrectly, then the reliability of the exercises is compromised, thus damaging the State's case against you.

10 Day Rule

When you are arrested, the arresting officer will confiscate your license and issue you a DUI citation. That DUI citation will act as your normal driver’s license for up to 10 calendar days. Also, within those 10 calendar days, you MUST file for an Administrative Formal Review Hearing or your license may be suspended for up to 18 months. When this is done you will receive a hardship license that will allow you to keep driving to work or school until the hearing. At Roman & Roman, we have all the necessary forms to begin this process and will assist you each step of the way.

DMV Review Hearings

There are two suspensions that attach to your license after a DUI arrest, a administrative suspension and a criminal suspension. Roman & Roman will handle the details of both suspensions for you.

Administrative suspension: Refusal -- If you refuse to take the breath test on your first DUI, your license will be suspended for 12 months. If you refuse the breath test on second or subsequent DUIs, your license will be suspended for 18 months.

Unlawful blood alcohol level .08% or more

If you take the breath/blood test and register a .08% blood alcohol level (BAL) or more, your license will be suspended for 6 months, and then 12 months for any additional offenses with .08% BAL or more. If your license is suspended for either of the above reasons ( >.08% BAL or refusal ) you must file for the Administrative Formal Review Hearing within 10 days of your arrest.

The Administrative Formal Review Hearing

This will be Roman & Roman’s first opportunity to attempt to have the driving suspension invalidated – that is, get you your NORMAL license back. At the hearing, a Hearing Officer will determine whether you were stopped lawfully, whether the officer had probable cause to believe you were the driver, whether there was probable cause to arrest, whether you were informed of the consequences of not submitting to a breath test, and whether you refused after being informed of those consequences.

The Administrative Pre-Trial Hardship Hearing

If you took the blood/breath test and register .08% BAL or more, you must serve 30 days without any permit/license to be eligible for this hearing and if you refused, you must serve 90 days without any permit/license to be eligible. This hearing is used to obtain a hardship license during the time your case is pending in criminal court and will allow you to drive to school or work. Be sure to bring with you:

  1. Proof of enrollment in DUI school
  2. Proof of employment or school

Criminal Suspension

The Post-Conviction Drivers License Suspension -- If you are convicted of a DUI in Florida, the judge may suspend your license for a period of 6 months up to 10 years depending upon the number of convictions for DUI and the time in between each. The Administrative Post-Conviction Hardship Hearing If you took the blood/breath test and register .08% BAL or more, you must serve 30 days without any permit/license to be eligible for this hearing and if you refused, you must serve 90 days without any permit/license to be eligible. After a DUI conviction, this hearing will allow you to drive to school or work. Be sure to bring with you:

  1. Proof of completion of DUI school
  2. Proof of employment or school

Costs associated with obtaining your Hardship License:

$115 administrative fee
$35 reinstatement fee

These fees will be required unless you provide proof of liability insurance on the DUI arrest date.

Seek Immediate Consultation

If you or a loved one have been arrested for DUI, it is important to retain the services of an experienced, reputable lawyer. When you decide to retain Roman and Roman, you will have an experienced, former prosecutor defending you in court against the possible penalties of a DUI.

Contact Roman & Roman Criminal Defense at (727) 736-2515 for a free consultation about your case. We will fight to preserve your rights and return your life back to normal.