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DUI Lawyer Tampa
Okoye Morgan Jr., a DUI lawyer in Tampa, has years of experience in prosecuting and defending first and second DUI charges. He knows how to efficiently handle your case and what the best way is to pursue reduced charges, dismissal, absolution, or minimal penalties.
Our firm follows these steps during the legal process:
- Examining the circumstances leading to the DUI arrest and stop
- Validating any blood or breath test that was used to determine your BBAC
- Analyzing field sobriety test (FST) instructions and alleged results
- You can submit legal documents for your account.
- In court, I will represent you.
- We can help you get out of jail and arrange bail.
- Defending your constitutional rights
- Contesting the results of DUI chemical testing
- FST reliability is challenged.
- You can pursue a dismissal or acquittal.
- You can take steps to reduce the potential consequences of a conviction.
Florida DUI Defense
We get many phone calls and emails regarding DUI charges. The most common question we hear is “How can a DUI defense attorney help me?”
What Can I Do to Get Out of a DUI?
To get out of a DUI, the prosecutor must either drop the charges or dismiss the case. The charges are not withdrawn in either case.
An experienced DUI lawyer in Tampa will explain how to get your DUI case dismissed. A judge may dismiss a case if there are certain defense strategies. We may, for example, file a motion to dismiss to show that there is not enough evidence to prove your guilt beyond a reasonable doubt.
We might convince the prosecutor not to file the charges. Or we may make it clear that dropping the charges would be the best thing for the prosecutor. We may discover that the police have used your constitutional rights to find evidence against you. We would file a motion for this evidence to be ruled inadmissible. The prosecutor might not have enough evidence to justify their use of time and resources to bring the case to trial without this evidence.
What Defenses Can You Use to Fight a DUI Charge?
One or more defenses may be used to prove that you are not guilty beyond a reasonable doubt. We will also use one or more defenses to raise doubt.
There may be multiple defenses for every DUI lawyer in Tampa. The strongest defense will be determined by your case and the judge’s decision. Different judges will respond to different arguments in different ways. Your attorney can build a strong DUI defense strategy by understanding the thoughts of judges regarding particular arguments and their decisions.
Your drunk driving lawyer will review juror demographics and sympathies if you choose to have a jury trial. It is crucial to understand the beliefs and attitudes of potential jurors to determine the best defense strategy for a jury trial.
Possible DUI Defenses Include:
There Is No Reason to Suspect You
To determine if the stop was legal, your DUI lawyer in Tampa will examine the circumstances surrounding the officer’s arrest. Any evidence obtained by the police following an illegal traffic stop is not admissible. This includes field sobriety tests and refusals to take chemical testing. An officer must either have witnessed a traffic infraction such as speeding or have reasonable suspicion that you may be impaired based on your driving patterns to make a DUI stop legal. This may be a complex and fact-intensive analysis, which varies from one case to the next. A successful challenge can result in dismissal.
Inadequate Evidence That You Were Impaired
A DUI conviction requires that the prosecutor proves beyond a reasonable doubt that the defendant was under the influence of alcohol. There may not be enough evidence to prove that you were impaired. The officer’s dash camera will prove that you performed well in field sobriety tests. We will argue that jurors should trust their eyes, regardless of their BAC. They will know the appearance of a drunk person, but they won’t likely know much about how the breathalyzer works. We will ask for a not-guilty verdict if the evidence against the prosecution is conflicting.
The DUI Checkpoint Fell Short of the Standards
In many states, like Florida, the police can conduct DUI or sobriety checks. To be considered constitutional, however, roadblocks must comply with certain standards. These standards require that a law enforcement agency adopt written guidelines before implementing a stop-and-go checkpoint. These guidelines should outline how the checkpoint will work and what vehicles will be stopped. The police should have a predetermined list of vehicles that will be stopped. This is not an option for officers to make, which could result in discrimination. We will examine the operation of the DUI checkpoint to see if it meets or exceeds the required standards.
It Is Not in Actual Physical Control of the Vehicle
Florida DUI law provides that you can be charged even if you were driving or in actual physical control of a motor vehicle. Some people are arrested for consuming alcohol while driving, but the vehicle was not moving. A DUI lawyer in Tampa might argue that you weren’t actually in physical control of your vehicle when you were arrested.
The Test Results Were Unreliable
The prosecutor may use the results of a urine, blood, or breath test in court if they are correct, properly administered, and conducted with reliable equipment and calibrated personnel. To determine whether the results are reliable, we will examine how you gave your urine, blood, or breath samples.
The Breathalyzer Was Inaccurate
All breath tests in Florida have been conducted using the Intoxilyzer 8000 since 2007. To ensure accuracy, the Florida Department of Law Enforcement created its own inspection rules for the Intoxilyzer 8000 to verify results. There is significant room for error, and many factors could affect test results. It is important to understand the details of the testing and inspection rules to establish that your breath test results are not reliable.
For a DUI Conviction, There Are Penalties
You must be aware of your options, whether you are facing a first or second DUI.
A first DUI with a blood alcohol content (BAC) below 0.15%
- Penalties of up to $1,000.00
- Maximum 6 months’ imprisonment
- 50 hours of community service
- A probationary period is up to one year
- Revocation of a driver’s license between 180 days and 1 year
- Level 1 DUI school
- Vehicle impoundment for 10 days
You will be subject to higher penalties and longer sentences if your BAC is over 0.15 at the DUI stop.
Second DUI with a BAC below 0.15%
- Penalties of up to $2,000.00
- Maximum 9 months’ imprisonment
- The probationary period is up to one year
- Revocation of a driver’s license between 180 days and 1 year
- Level 2 DUI school
- Vehicle impoundment for 30 days
- 6-month warranty on an ignition interlock device in your vehicle
Your second DUI must be within five years of the first. The judge must then impose at most 10 days in jail and a five-year license revocation.
You could face additional penalties and fines if your BAC was higher than 0.15 percent at the time you were arrested for your second DUI.
A felony charge will be filed if you are convicted of a third DUI within 10 years after your first two DUIs. These are the penalties:
- Fines up to $5,000
- Maximum sentence of 5 years in prison, with a minimum of 30 days in prison
- Vehicle impoundment for 90 days
- 10-year license revocation
- Level 3 DUI school
- 2-year warranty on the ignition interlock device
If you are charged with:
- A third DUI in 10 years
- Fourth DUI in a row at any given time
- DUI that causes serious bodily injury
- DUI Manslaughter
DUI and Serious Physical Injury
You will be charged with third-degree felonies if you are arrested for causing a DUI accident that causes serious bodily injury. You could face up to five years imprisonment and fines of up to $5,000, as well as restitution and license revocation.
A second-degree felony will be filed if a DUI accident causes the death of someone or the loss or death of a child. This can lead to up to 15 years imprisonment, fines of up to $10,000, and additional DUI penalties. If you are convicted, the judge must also sentence you to a minimum of 4 years of mandatory imprisonment.
DUI Under Drug Treatment
A DUI can be brought to your attention, and you could be convicted. Florida’s DUI law allows you to be charged with DUI if you are impaired by any controlled substance or chemical substance. A drug DUI could include prescription drugs that can impair your driving ability.
You can be charged with DUI if your blood alcohol content is less than 0.02% or if you have been impaired by drugs. A 6-month suspension of your license is possible if you have a BAC between 0.02% and 0.07%. Your license will be suspended for one year if you refuse to take a chemical test.
For a first, second, or subsequent DUI, your BAC must be 0.08% or higher.
Commercial drivers who drive in their vehicles and have a commercial driver’s license are subject to a lower BAC limit, which is 0.04%. You face the same penalties in Florida for driving a CDL truck driver’s license is subject to a lower BAC limit, which is 0.04%. You face the same penalties in Florida for driving a CDL truck. Your CDL may be disqualified if you are convicted or lose an administrative suspension hearing.
DUI on a Boat
It is illegal to use a boat when you are under the influence of alcohol or drugs in Florida waters. Boating is subject to the same BAC limit as driving. You could face a $1,000 fine and six months imprisonment for a first offense. A second offense can result in fines of up to $1,000 and up to 9 months imprisonment. You will be subject to higher penalties and longer prison sentences if your BAC is greater than 0.1%.
A felony DUI is also possible, as is the third offense in 10 years or a fourth boating DUI.
Will I Go to Jail for My First DUI?
Your punishment for your first DUI will depend on your case. If the offense is serious, jail time could be imposed. A first DUI conviction in Florida is not subject to a mandatory minimum sentence. However, you may face suspension of your license, fines, probation, or community service.
Do I Have to Submit to a Breath Test?
Florida’s implied consent law requires that anyone who accepts driving privileges in Florida agrees to have their blood, breath, or urine tested to determine the alcohol content in their blood or breath. You can be suspended for one year if you refuse to take a breath test if you are pulled over for DUI. For subsequent refusals, your license will be suspended for 18 months.
Do I Have to Disclose a Dui?
A DUI conviction cannot be erased from your record. It will also appear on criminal background checks. This means that potential employers will need to know about your conviction. If you have been arrested for DUI or were charged with it, however, your record may be sealed.
Is It Possible to Get a Dui for Using Prescription Drugs?
Driving safely can be difficult when prescription drugs are powerful. Many drivers don’t realize the potential side effects and reactions. The FDA lists some common prescription drugs that can impair driving and could lead to a DUI.
Call Our DUI Lawyer in Tampa Today!
If you or a loved one has been charged with a DUI in Tampa, don’t hesitate to reach out to The Black Law Company for experienced and skilled representation. Our team of DUI lawyers in Tampa has the knowledge and resources to defend your rights and fight for the best possible outcome in your case.
Don’t take on the legal system alone, contact The Black Law Company today and let us help you navigate the complicated world of DUI law in Tampa.