Plant City DUI Lawyers

Police Officers Must Have Probable Cause 

A police officer must have “Probable cause” to make a traffic stop which means that there must be more than a simple belief that a driver has consumed alcohol. There must be facts and circumstances that show a probability that the driver is impaired by alcohol or has an unlawful amount of alcohol in his system. Typically, the arresting officer will testify to a number of observations that together give probable cause for the arrest; however, on of the factors alone may not be sufficient probable cause. Factors to be considered are a driver’s speech, his or her statements of confessions to the officer, the odor of alcohol, a flushed face, bloodshot eyes, failure of field sobriety testing, being nervous, and other indicators of being under the influence.

Routine Traffic Violations 

The usual scenario is an officer making a routine traffic stop on suspicion of a traffic violation, such as improper or non-functioning vehicle taillight. Typically, after the stop the officer then develops probable cause for a DUI arrest. The law on this subject is quite complex and the assistance of an experienced DUI defense attorney is a must.

Deemed Consent to Testing

Any person who accepts the privilege ro drive a motor vehicle is deemed to give consent to breath testing for alcohol and a urine test for controlled substances.

Must Be Reasonable Cause to Stop

The chemical or physical breath test must be incidental to a lawful arrest. The law enforcement officer must have reasonable cause to believe the driver or was in actual physical control of the motor vehicle while under the influence of alcoholic beverages or controlled substances. 

Warning by Law Enforcement Officer

The driver must be told that failure to submit to the test will result in the suspension of the person’s driver’s license for a period of 1 year for a first refusal, or 18 months if the the driver’s license has been previously suspended for refusal to submit to such a test or tests.

The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.

Automatic Driver’s License Suspension

The mere fact that a person is arrested for DUI results in an immediate drivers license suspension. However, the DUI citation acts as a 10 day temporary permit to drive giving 10 days to request a Formal Review Hearing with the DMV Bureau of Administrative Review.

License Suspended Upon Arrest

A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is arrested for DUI. The officer shall take the person’s driver’s license and issue the person a 10-day temporary permit if the person is otherwise eligible for the driving privilege and shall issue the person a notice of suspension.

Request for Formal Review Hearing

If the person whose license was suspended for a DUI arrest requests a formal review, the Department of Motor Vehicles must schedule a hearing to be held within 30 days after such request is received by the department and must notify the person of the date, time, and place of the hearing.

DUI Punishment

A person who is convicted of a DUI shall be punished by a fine of not less than $500 or more than $1,000 for a first conviction.
and not less than $1,000 or more than $2,000 for a second conviction; and by imprisonment for not more than 6 months for a first conviction and not more than 9 months for a second conviction

Third DUI Offense – Felony

Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable.

Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. 

DUI Auto Crashes

Florida law provides for even stiffer potential penalties when a person commits a DUI, and in the process, causes property damage, personal injury or death. 

Any person who commits a DUI, and causes damage to property or a person commits a misdemeanor of the first degree, and if seriouse to another results, the driver commits a felony of the third degree (maximum 5 years in prison).

Causing the death of any human being or unborn quick child can be charges as a felony of the second degree (maximum 15 years in prison) or a felony of the first degree (maximum 30 years in prison) if the driver failed to give information and render aid

A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

Act Now to Call Our Plant City DUI Lawyers

The sooner you hire a lawyer, the sooner you will have the benefit of the insight of a knowledgeable Criminal Defense Attorney to assist you in navigating through the complicated legal process.  Your attorney can advise as to what to do, and what not to do, to help your case proceed in a positive direction. 

Experienced DUI Attorney

From the time of a traffic stop, through arrest, first appearance, bond hearing, arraignment, disposition, motions to suppress evidence hearings, to jury trial, you need the services of the criminal law attorneys to stand beside you and aggressively defend you.

Time is NOT on your side

There is a ten-day period to request a hearing to save your driver’s license. So, call Byrd & Barnhill immediatly!