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When should I begin working on my defense?
As soon as possible. Call a Tampa DUI attorney at your first opportunity after the arrest and write down a detailed report of what happened as soon as you get home. You’ll be amazed how small of a detail can dramatically affect a drunk driving case in Florida.
Should I bother fighting DUI charges?
Absolutely! Just because you failed your DUI tests does not mean you will be found guilty. Remember, you are innocent until proved guilty. With the help of a top Tampa DUI lawyer, you can beat these charges.
What are the rights of a defendant?
You have the right to an attorney. You have the right to remain silent. You have the right to not testify against yourself. You also have the right to be free from unreasonable stops and searches, so if an officer violated these rights, you may be able to have the charges dropped.
Will the decision in an ALR hearing affect my case?
No. The trial and ALR are completely separate procedures with no bearing on one another.
What does BAC stand for?
Blood Alcohol Concentration. This number will help the courts evaluate how intoxicated
you are. (see our Blood Alcohol Content Calculator)
What is the maximum BAC for drivers?
Most drivers cannot have a BAC above 0.08% while driving. Anyone with a commercial license is limited to a level of 0.04% and teen drivers are subject to a zero tolerance policy that puts their maximum BAC level at 0.02%.
What do police consider to be warning signs of drunk drivers?
Anyone who drives excessively slow, swerves unnecessarily, tailgates or drifts on the roads is considered to be a possible drunk driver at a traffic stop.
When I am pulled over, what should I do?
Be polite, but talk as little as possible. Do not attempt to make excuses or explain where you were. If the officer puts you under arrest, immediately request to speak with Tampa DUI attorney Robin Fuson.
Do I have to be driving a car to get a DUI?
No. You can get a DUI for driving a boat, or riding a bike. Anything considered a vehicle cannot be used while you are under the influence.
If I'm not drunk, can I enjoy a beer while driving?
No. It is against the law to have an open alcohol container in the car with you.
If I was not using alcohol, but was under the influence of drugs, can I still get a DUI?
Yes. DUIS are not limited to alcohol use. If you are intoxicated while driving, you can get a DUI. Fortunately, these charges are actually easier to fight because there is less evidence against you, making for a stronger case for your Tampa DUI lawyer.
Should I take a field sobriety test when asked?
No. These tests are not mandatory, are highly subjective and are intended for subject failure.
How accurate are field sobriety tests?
No field sobriety test is over 75% accurate, even in ideal laboratory settings. In the outside world, when taken beside a busy freeway, these tests are even less reliable.
Am I required to take a breathalyzer test?
Yes and no. You are required to take a chemical test upon arrival at the police station, but you can choose to take a blood test if you are unable to provide a breath sample. Generally the inaccuracies of the breathalyzer make it more ideal for a strong drunk driving defense in Tampa, FL.
Is the breathalyzer accurate?
No. Breathalyzers are subject to a number of flaws and hundreds of breathalyzer results have been thrown out at a time after the Supreme Court learned about the flaws of the breathalyzer’s operating system.
If I have been convicted of a DUI, will I lose my license?
Yes. You will lose it for up to one year.
What is the maximum sentence for a first time DUI in Florida?
Up to $1000 in fines and six months in jail.
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