TAMPA DUI ATTORNEY
Florida DWI Lawyer
A charge of driving under the influence of alcohol or drugs (also commonly referred to as drunk driving, driving while intoxicated or DWI) can affect the most responsible drivers who never expected they would be stopped by a police officer and face a DUI investigation. In Florida, a person may be convicted of the crime of DUI if it can be proven beyond a reasonable doubt that he or she either was driving while his or her faculties were impaired due to the influence of alcohol or drugs or was driving a motor vehicle with a blood alcohol concentration (BAC) of 0.8% or higher. If you’ve been arrested for DUI in Florida, don’t panic. An arrest does not always mean a conviction or loss of your license.
ARRESTED FOR DUI OR DWI?
Tampa DUI Attorney Mark G. Rodriguez knows the system and knows the laws associated with your DWI or underage drinking and driving charges. When your driving privileges and driver’s license are in jeopardy, you need a law firm with experience. As a law clerk at the Office of the Hillsborough County State Attorney and an Assistant Hillsborough County Public Defender, along with having his personal practice since 1996, Tampa-based attorney Mark G. Rodriguez is well-versed and knows the evidence and facts prosecutors must present in order to obtain a conviction. He has handled numerous cases by knowing how the prosecution builds its case and what it takes to receive dismissals, not guilty verdicts, or charge reductions. If you want to save your driving privileges and criminal record contact the Tampa DUI Attorney Mark G. Rodriguez today for a free consultation!
When you consider how important it is for you to have a license to drive to work, go to the grocery store or take your children to school you begin to realize the importance of hiring an experienced attorney to defend you against a DUI charge on your permanent record. The penalties that you want to prevent are heavy fines, jail time, probation, license revocations, community service hours, years of DUI/DWI school (alcohol and drunk education classes), mandatory installation of an ignition interlock device, the inability to rent a vehicle, points on your driving record, increased insurance premiums, citizenship and immigration issues, possible deportation, restrictions on international travel, revocation or suspension of a professional license (example: doctors and lawyers), and much more.
We conduct a thorough investigation on your behalf. Were you read your Miranda rights? Did the police have probable cause to stop you? Were you advised of the consequences of refusing a breath, blood-alcohol, or urine test? Were all field sobriety, breath and blood tests conducted according to state standards? How long after you were driving were the tests conducted? Were you the driver of the vehicle when pulled over?
I HAVE BEEN ARRESTED FOR A DUI IN FLORIDA! WHAT IS THE PROCESS I CAN EXPECT?
1. In Florida, you must request a Department of Motor Vehicles (DMV) Hearing: To preserve your right to drive in Florida, you must request a hearing within 10 days after your license has been taken from you by an officer. An administrative hearing must be scheduled within 30 days. If you refused to be tested, and you do not take action, your license to drive will be suspended for a minimum of 1 year. If you took the sobriety test offered, you still must take action within 10 days of your arrest, otherwise your license to drive will be suspended for at least 6 months.
2. Pre-Trial Conference: Your attorney will appear on your behalf at the pre-trial conference. The court will review your case.
3. Suppression Hearing: The court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. Your attorney may need you to appear at this hearing.
4. Trial: You may have a trial by jury or a trial in front of a judge.
5. Sentencing: The court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, public service, alcohol classes and fines. There are several mandatory minimum sanctions that must be imposed by the court.
KNOW THE LAW, KNOW YOUR RIGHTS!
Florida Statute 316.193 Driving under the influence; penalties:
The consequences and penalties for DUI/DWI convictions are getting harsher each year. These penalties include the following:
First DUI Offense
Fine: $250 - $500 (.20% or higher: $500 - $1,000)
License Suspension: 6 months to 1 year
Incarceration: 0 – 6 months (.20% or higher: 0 to 9 months)
Vehicle Impoundment: Approximately 10 days
Probation: 6 months to 1 year
Ignition device: (.20% or higher: 0 – 6 months)
Second DUI Offense within 5 years
Fine: $500 - $1,000 (.20% or higher: $1,000 - $2,000)
License Suspension: 5 years
Incarceration: 10 days – 9 months
Vehicle Impoundment: At least 30 days
Probation: 1 year
Ignition Device: At least 1 year (.20% or higher: at least 2 years)
Second DUI Offense beyond 5 years
Fine: $500 - $1,000 (.20% or higher: $1,000 - $2,000)
License Suspension: 6 months – 1 year
Incarceration: 0 – 9 months (.20% or higher: 0 – 12 months)
Vehicle Impoundment: At least 30 days
Probation: 1 year
Ignition Device: At least 1 year (.20% or higher: at least 2 years)
Third DUI Offense within 10 years (Felony)
Fine: $0 - $5,000 (.20% or higher: $2,000 - $5,000)
License Suspension: 1 year
Incarceration: 30 days - 5 years
Vehicle Impoundment: 90 days
Probation: 0 - 5 years
Ignition Device: At least 2 years
Third DUI Offense beyond 10 years (Misdemeanor)
Fine: $1,000 - $2,500 (.20% or higher: $2,000 - $5,000)
License Suspension: 6 months – 1 year
Incarceration: 0 days – 1 year
Vehicle Impoundment: 90 days
Probation: 1 year
Ignition Device: At least 2 years
Fourth DUI Offense (Misdemeanor)
Fine: $1,000 - $2,500 (.20% or higher: $2,000 - $5,000)
License Suspension: Permanent
Incarceration: 0 days – 1 year
Probation: 1 year
Fourth DUI Offense (Felony)
Fine: $1,000 - $5,000 (.20% or higher: $1,000 - $5,000)
License Suspension: Permanent
Incarceration: 0 days – 5 years
Probation: 0 – 5 years
Second Refusal (Misdemeanor)
Fine: $0 - $1,000 (.20% or higher: $1,000 - $5,000)
License Suspension: 18 months
Incarceration: Up to 1 year
Probation: Up to 1 year
Driving while under the influence of alcoholic beverages or a controlled substance is one of the most serious traffic violations you can commit. In fact, it is classified as a traffic crime and in some circumstances a misdemeanor, or under more limited circumstances, even a felony. If you have been arrested under suspicion for DUI/DWI contact Tampa DUI Attorney Mark G. Rodriguez today!
In some cases your charges will be diminished to reckless driving. This is a common defense that prosecutors agree to before a case goes to trial.
KNOW THE LAW, KNOW YOUR RIGHTS!
Florida Statute 316.192 Reckless driving:
(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes:
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.
(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.
History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 23, ch. 85-167; s. 1, ch. 85-337; s. 1, ch. 88-5; s. 17, ch. 91-255; s. 31, ch. 92-78; s. 10, ch. 94-306; s. 4, ch. 99-234; s. 9, ch. 2001-122; s. 1, ch. 2001-147; s. 9, ch. 2006-290.