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DUI FAQs
Dedicated Tampa Criminal Defense Lawyer Standing Up to the Rights of Clients Facing Serious Felony and Misdemeanor Charges
A DUI arrest is every motorist’s worst nightmare. However, despite the very real fear of picking up a DUI case, most drivers have a lot of unanswered questions about DUIs. It’s important for anyone who drives in and around Tampa to have a firm understanding of the Florida DUI laws, what rights you have as a motorist, and what you can do if you’re arrested for a DUI offense.
At the Mayberry Law Firm, Attorney Jason Mayberry aggressively represents clients facing drunk driving and drugged driving charges. We understand what’s at stake in these cases and how to effectively position your case for a favorable outcome. Attorney Mayberry also offers free, no-obligation consultations to anyone who was recently arrested for a Tampa DUI.
Frequent Asked Questions About Tampa DUIs
- Are DUI Checkpoints Legal in Florida?
- What Does the Prosecution Need to Prove in a Florida DUI Case?
- Can an Out-of-State DUI Increase the Possible Penalty for a Florida DUI?
- How Long Will My License Be Suspended for a Tamp DUI?
Are DUI Checkpoints Legal in Florida?
Yes, DUI checkpoints, also known as sobriety checkpoints, are legal in Florida. However, for these checkpoints to be lawful in Florida, they must adhere to specific guidelines designed to ensure fairness and consistency. These guidelines include having a neutral, mathematical formula for stopping vehicles (e.g., every fourth car), providing advance public notice of the checkpoint, and ensuring the checkpoint’s operation is supervised by law enforcement officials. These measures are intended to balance public safety concerns with individual constitutional rights, aiming to minimize arbitrary and capricious enforcement. If police officers make an arrest during an illegal checkpoint, any evidence they recover as a result must be suppressed by the court.
What Does the Prosecution Need to Prove in a Florida DUI Case?
In a Florida DUI case, the prosecution must prove several key elements beyond a reasonable doubt to secure a conviction. First, they must establish that you were in actual physical control of the vehicle. This means you were in the vehicle and had the ability to operate it, regardless of whether you were driving at the time.
Second, the prosecution needs to demonstrate that you were under the influence of alcoholic beverages or controlled substances to the extent that your normal faculties were impaired. Alternatively, they can prove that you had a blood-alcohol level of 0.08% grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08% grams of alcohol per 210 liters of breath.
Can an Out-of-State DUI Increase the Possible Penalty for a Florida DUI?
Yes, an out-of-state DUI can increase your possible penalty for a Florida DUI. Florida law considers prior DUI convictions from other states when determining the penalties for a current DUI offense. This means that if you have a DUI conviction in another state and it meets the criteria for a Florida DUI, it can be counted as a prior offense. This can elevate the severity of the penalties you face, including longer license suspension periods, higher fines, mandatory DUI education programs, and even increased jail time.
How Long Will My License Be Suspended for a Tamp DUI?
For a first DUI offense in Tampa, Florida, your driver’s license will be suspended for a minimum period of 180 days to a maximum of one year. If it’s a second DUI offense within five years of the first, the suspension period increases to a minimum of 5 years, but you may be eligible to apply for a hardship license after serving 12 months of the suspension. Subsequent offenses and circumstances, such as refusing to submit to a breathalyzer test, can lead to longer suspension periods. It’s important to note that these suspension periods are administrative and separate from any additional suspensions that may result from a DUI conviction.
Speak with a Knowledgeable Tampa DUI Defense Lawyer for Immediate Assistance with Your Case
If you were recently arrested for a DUI, it is imperative that you have a lawyer by your side who will take your case as seriously as you do. At the Mayberry Law Firm, our Tampa DUI attorney has decades of experience handling DUI cases. Prior to creating his own firm, Attorney Mayberry previously worked as a prosecutor, giving him inside knowledge of how the government handles DUI cases. To learn more, and to schedule a free consultation today, call Attorney Mayberry at 813-444-7435. You can also connect with us through our secure online contact form.