The Experienced Representation You Need When Charged With DUI In Florida
In Florida, a person may be guilty of driving under the influence if law enforcement observes them driving or in actual physical control of a vehicle while their normal faculties are impaired by alcohol or certain controlled substances. At first glance, it may seem like a straightforward criminal charge, but DUI charges are one of the most complex offenses the state has the burden of proving. Most people are unaware of the fact that it’s possible to be arrested, charged and convicted of a DUI without having driven at all. That’s why it is important for anyone who has been arrested or charged with drunk driving in Tampa to immediately contact an experienced DUI defense lawyer who knows how to navigate the charge of driving under the influence.
At Rashad Green Firm, P.A., attorney Rashad Green is experienced in DUI defense in Tallahassee and Tampa and is trained to identify defenses and legal issues that may result in the dismissal of the charge. He will take the time to examine the details of your case, explain all of your legal options and work with you to resolve the charges in the most favorable manner available.
Considerations In A Drunk Driving Case
Due to his extensive knowledge and experience, attorney Green routinely challenges legal issues commonly associated with driving under the influence, including but not limited to:
- Actual physical control of operable vehicles versus inoperable vehicles
- Legally defining “Under the Influence,” “Alcoholic Beverages,” “Normal Faculties” and “Impairment”
- Proof required for certain qualifying controlled substances
- Circumstances where a person is presumed impaired versus when a person is not presumed impaired
- Legal standards for stopping a person’s vehicle
- Stops based on criminal traffic infractions versus non-criminal traffic infractions
- Stops based on law enforcements observation of unusual driving patterns
- Stops made outside the legal jurisdiction of the arresting law enforcement agency
- Stops made pursuant to the observations of third parties
- Stops occurring as a result of DUI checkpoints
- Car crashes where alcohol is believed to be a factor
- Statements made by DUI suspect during the DUI investigation
- Legal standards for detaining DUI suspects in order to perform a DUI investigation
- When field sobriety tests may be compelled by law enforcement
- When a DUI suspect may refuse to perform field sobriety exercises
- Probable cause necessary to legally arrest a person after a DUI investigation
- Lost or destroyed evidence, including video evidence of a person’s performance on field sobriety exercises
- Ensuring the accuracy of breath test results from the Intoxilyzer 8000
- Identifying proper procedures for the use, storage and maintenance of the Intoxilyzer 8000
- Ensuring proper calibration requirements for the Intoxilyzer 8000
- Proper administration of the breath test, including ensuring the proper volume of breath needed to obtain an accurate breath test result was achieved
- Challenging improper modifications to the Intoxilyzer 8000
The bottom line is simple: it is unwise to decide you need to plead guilty before speaking with a defense attorney. You may have more options than you realize, and a good lawyer can almost always help you mitigate the consequences you are facing – even if full acquittal isn’t possible.
Answers To Common DUI Questions
Clients typically have many questions about DUI charges in Florida. The law is complicated in this area and, depending on the circumstances, the penalties can be severe. After reading through the questions and answers below, we invite you to ask your own questions during an initial consultation.
Does it matter if it’s the first time getting a DUI?
Yes. While it does not matter in terms of whether or not you will be charged, it matters in terms of the potential penalties you could face. After your first DUI conviction, each subsequent conviction brings increased penalties. Multiple DUI convictions could result in a felony DUI charge, with mandatory minimum jail times and other severe penalties.
Is there a mandatory jail sentence?
The determination of mandatory jail time depends on a number of factors. For a general, first-offense DUI with no aggravating factors, there is no mandatory minimum jail time other than the day of arrest. However, with aggravating factors or multiple convictions, you could face a mandatory jail sentence, and the extent of the sentence increases with each subsequent conviction.
Is my license going to be revoked?
If you don’t act fast to save your driving privileges, your license will be suspended. It is important to note that a license suspension is not dependent on a DUI conviction, and there is a strict time limit to reserve your right to appeal the suspension. At the time of arrest, your case will go through an administrative process, separate from the criminal trial, in which you can appeal and fight for your diving privileges. If you don’t get your appeal filed with the Department of Motor Vehicles (DMV) within 10 days of the arrest, you will lose the opportunity to fight for your driving privileges.
Attorney Rashad Green can help you with both the criminal DUI defense and the administrative process of retaining your driving privileges.
What are enhanced DUI penalties in Florida?
Enhanced penalties occur when there exists at least one previous DUI conviction on your record or other aggravating factors. For example, if you were arrested with exceptionally high blood alcohol content (BAC), you had a minor in your car while driving intoxicated or caused someone else serious injury as a result of drunk driving, these would be considered aggravating factors that could result in enhanced penalties.
Don’t Wait To Seek Legal Help – Reach Out Today
Attorney Green is available to answer your questions and help you with your DUI defense. Contact Rashad Green Firm, P.A., immediately at 813-521-8006, to reach our Tampa office, or 850-669-1500, to reach our Tallahassee office, if you or someone you know has been charged or arrested for drunk driving in Tallahassee, Tampa or surrounding areas.