Frequently Asked Questions

DUI Attorney in Florida

Your rights:

When should I get an attorney? As soon as you are arrested. The sooner you contact a Tampa DUI lawyer, the sooner he or she can begin developing a winning defense for your case. Should I fight my DWI charges? Of course! You are not guilty just because you failed your tests. Always fight your DUI charges with the help of a skilled Tampa DUI law firm. What are my rights as a defendant? You have the right to remain silent. You have the right to not testify against yourself. Most importantly, you have the right to an attorney. Does the ALR decision affect my criminal DUI case? No. If you lose one case, you still may win the other.

General:

What does BAC mean? This is an abbreviation for blood alcohol concentration. It helps to evaluate how inebriated a person is. How high of a BAC can a minor have while driving? Minors caught with a BAC above 0.02% can be arrested and charged with a DUI. What do Tampa Bay Area officers look for when they are evaluating drunk driving? Swerving, excessively slow speeds, tailgating and drifting are all signs of drunk driving.

During the DUI stop:

If I am pulled over in Hillsborough County for a DUI, what should I say? Say as little as possible. Never explain where you have been or make excuses for your drinking. When you are officially under arrest, request an attorney. What sort of rights violations happen during DUI arrests? Sometimes officers illegally stop vehicles for no reason. Other times, they search the vehicle without probable cause. The other common mistake officers make is to fail to recite Miranda rights. If any of these violations occurred during your arrest process, contact a Tampa DUI lawyer as soon as possible. Can I get a DUI for riding a bike? Yes. Throughout Florida, it is illegal to operate any “vehicle” under the influence. A vehicle can be a bike in Tampa, an ATV in St. Petersburg or a jetski in Clearwater, FL. Can I have a beer while driving, if I’m not drunk? No, you may not have an open alcoholic beverage in the car while you are driving. If you are arrested for an open container law, you will need to seek out expert DUI defense in Tampa, FL. Can I be charged for a DUI when I used drugs and not alcohol? Yes. Driving Under the Influence is not specifically for alcohol only. If you are under the influence of drugs, you will also be charged and will need to prepare for your DUI representation in Tampa.

Testing:

Should I take the Field Sobriety Test? No. These tests are optional throughout the state and they are designed for subject failure. How accurate are Field Sobriety Tests? Not accurate at all. Taken alone, under ideal conditions, no test is over 75% accurate. When taken out of the lab and on the side of the St. Petersburg, FL highway, this accuracy drops even further. I know I passed my Field Sobriety Test, but I was still arrested. Why? These tests are completely subjective and while you may have thought you did exceptionally well, the officer may have thought you failed miserably. That’s why it’s so crucial to just say no when it comes to the FST. Do I have to take a breath, blood, or urine test? Yes. If an officer asks you to take a chemical test, you are legally required to do so. Your attorney can always debate the results later in court. Is the breathalyzer accurate? No. In fact, whole groups of cases have been thrown out of court at a time after the Florida Supreme Court learned the companies will not release their device’s coding to allow for an out-of-agency accuracy test.

Sentencing:

Will I lose my license if I get convicted of a DUI? Yes. You will lose your license for up to one year. What is the sentence for a DUI in Florida? You will be required to spend between $250 and $1000 in fines and sentenced to up to six months in jail. Will a DUI conviction affect my insurance? Your DUI will stay on your driving record for years to come, resulting in much higher rates.

If you have been arrested for a DUI, it is crucial you call The Law Offices of Tampa DUI Lawyer immediately. Contact us now for a free consultation.