DUI

DUI

Being arrested for DUI in the Tampa Bay area can change your life. You face the loss of your driver's license, an impoundment of your vehicle, a huge increase in insurance costs in addition to other penalties such as jail or prison time, probation, community service hours and fines and court costs. In short a DUI can cost you your freedom, your ability to get around and thousands of dollars. With the suspension of your driver's license comes the possible loss of your job and your income.

Don't wait call us today for a free case evaluation at 813-401-0130, to see how we can help you avoid those consequences.

Types of Florida DUI Charges and Penalties Misdemeanor DUI:
  • First DUI Under 0.15
    • 0-6 months jail
    • $500-$1000 fine + court costs
    • 6 months to 1 year license suspension (in addition to the license suspension that started at the time of arrest)
    • Up to 12 months probation
    • DUI school
    • Victim Impact Panel
    • 10 day Vehicle Impoundment
    • minimum of 50 hours of community service
  • First DUI Above 0.15 or with Property Damage
    • 0-9 months jail (1 year if property damage = accident)
    • $1000-$2000 fine + court costs
    • 6 months to 1 year license suspension (in addition to the license suspension that started at the time of arrest)
    • Up to 12 months probation
    • DUI school
    • Victim Impact Panel
    • 10 day Vehicle Impoundment
    • minimum of 50 hours of community service
    • 6 months Ignition Interlock Device
  • Second DUI Outside of 5 Years
    • 0-9 months jail (1 year if breath test above 0.15)
    • $1000-$2000 fine + courts costs ($2000-$4000 if breath test above 0.15)
    • 6 months to 1 year license suspension (in addition to the license suspension that started at the time of the arrest) - no hardship license
    • Up to 12 months probation
    • Advanced DUI school
    • Victim Impact Panel
    • 10 day Vehicle Impoundment
    • community service hours
    • 1 year Ignition Interlock Device (2 years if breath test above 0.15)
  • Second DUI Within 5 Years
    • 10 days jail minimum to 1 year maximum
    • $1000-$2000 fine ($2000-$4000 if breath test above 0.15) + court costs
    • 5 year license suspension (no hardship for at least 1 year) in addition to the license suspension that started at the time of the arrest
    • 12 months probation
    • Advanced DUI school
    • Victim Impact Panel
    • 30 days Vehicle Impoundment
    • 2 years Ignition Interlock Device
  • Third DUI Outside of 10 Years
    • Up to 1 year jail
    • $2000-$5000 fine ($4000 - $5000 if breath test above 0.15) + court costs
    • 6 months to 1 year license suspension (in addition to license suspension that started at the time of the arrest
    • 12 months probation
    • Advanced DUI school
    • Victim Impact Panel
    • 10 days Vehicle Impoundment
    • 2 years Ignition Interlock Device
Felony DUI:
  • Third Within 10 Years
    • 30 days jail to 5 years prison
    • $4000-$5000 fine + court costs
    • 10 years driver's license suspension (no hardship license for at least 2 years) in addition to license suspension that started at the time of the arrest
    • Up to 5 years probation
    • Advanced DUI school
    • Victim Impact Panel
    • 90 days Vehicle Impoundment
    • 2 years Ignition Interlock Device
  • Fourth or Subsequent DUI
    • Up to 5 years prison
    • $2000-$5000 fine + court costs
    • Permanent Driver's License Revocation (no hardship license)
    • Up to 5 years probation
    • Advanced DUI school
    • Victim Impact Panel
A new Law May Provide for Harsher Penalties for a Refusal

Some drivers refuse to take a breath, blood or urine test when stopped for DUI. In some cases that can be helpful to the defense because the prosecutor does not have the additional scientific evidence showing that you had alcohol or drugs in your system. However, under Florida law a driver who has previously refused a breath, blood or urine test, is not only facing an 18 months license suspension but also a second criminal charge - with a possible maximum of 1 year in jail. Prosecutors have always used this second criminal charge as leverage when prosecuting a person for DUI, especially when the state had a weak case on the DUI. That is because it is a lot easier for the state to prove that a person refused a breath test for a second time than it is for the state to prove that a person drive under the influence without the added benefit of the breath test.

Now the Florida legislature is considering a law that would make even a first refusal a separate offense. Based on 2016 Senate Bill 1244, drivers could face up to 6 months probation and or a $1000 fine for a first refusal as early as December 2016 if approved. Making a first refusal a separate offense could provide the same leverage to the state. For more details read my article on harsher penalties for a first refusal.

Tampa DUI Defenses Holes in the Prosecutor's Case and Improper Stop

A Tampa DUI Lawyer can challenge the DUI and possibly help you avoid the mandatory criminal conviction and other mandatory penalties that are associated with drunk driving. At the Wade Law Firm, we will first obtain all of the documents and other evidence that the state attorney's office has against you. We will then examine the prosecutor's evidence for holes: which include looking at and challenging the reliability of the police officer witness(es), checking if the police stopped you for a proper reason.

Breath Tests Challenges

We also closely look at all of the documentation for the breath test machine that the police used in your case. We then use that documentation to challenge the breath test results and keep the state from being able to use that as evidence against you.

Blood and Urine Tests Challenges

We will closely look to see whether or not the police was even entitled in the first place to take either one of those tests and then we will look to see whether or not the tests that were conducted were reliable and can be used as evidence against you.

Medical and Physical Conditions

We also collect all possible documentation, including but not limited to medical records showing that you have a physical injury or a medical condition (such as diabetes) that would prevent you from being able to perform according to the police officer's expectations on the physical roadside exercises.

See the case results section to see how Kerstin Wade has helped previous clients charged with DUI getting their charged dismissed or reduced.