(813) 759-1224

Plant City DUI Lawyers

Aggressive Defense for Reasonable Fees

DUI Defense

DUI Overview

Persons charged with driving under the influence (DUI) need an aggressive defense from the start.

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 confront these criminal charges.

The results of a DUI charge can be brutal, such as suspended driver’s license and possible jail time, not to mention stiff fines and costs. 

Our attorneys have experience dealing with the State Attorney’s Offices. This allows us to work for a favorable settlement or disposition of your case. 

1. DUI Traffic Stop

There must be probable cause to stop a vehicle. This is an important right to those charged with driving under the influence. The law in this area is complex, but may lead to the suppression of the evidence of DUI.

2. Breath Test

A breath test is usually a part of a DUI arrest,  or in some cases blood or urine tests are performed. There can be stiff penalties for drivers who refuse to cooperate in breath, blood or urine tests. 

3. Suspended License

A DUI results in an immediate license suspension.The DUI traffic ticket acts as a 10-day temporary permit. But, you only have 10 days to request an administrative hearing for a temporary license.

4. DUI Penalties

Florida law provides tough penalties for DUIs. Depending on the facts and circumstances of the case. One of the most important factors is whether or not the driver has prior DUI convictions.

5. DUI Crashes

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

6. Act Now!

The sooner you hire a lawyer, the sooner you will have the benefit of the help of a knowledgeable criminal defense attorney to assist you in navigating through the complicated DUI legal process.

1. DUI Traffic Stop

 

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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.

2. Breath Test

 

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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.

3. License Suspension

 

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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.

4. DUI Penalties

 

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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. 

Four or More DUI Offenses

Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.

Enhanced DUI Penalties

Any person who is convicted and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall have enhanced fines

Ignition Interlock Device

In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license.

5. DUI Crashes

 

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Either Johnnie Byrd or David Barnhill will get right back to you.

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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.

6. Act Now!

 

Contact Us Right Now!

Tell us about your legal issue.

Either Johnnie Byrd or David Barnhill will get right back to you.

If you do not hear from us right away, please call or come by our office.

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!

Get in touch

 

Contact Us Right Now!

Tell us about your legal issue.

Either Johnnie Byrd or David Barnhill will get right back to you.

If you do not hear from us right away, please call or come by our office.

Contact Us

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206 North Collins Street

Plant City FL 33563

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(813) 759-1224

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info@byrd-law.com

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