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Tampa DUI Attorney
Driving Under the Influence: General Information
The Florida legislature has imposed certain minimum mandatory penalties for DUI convictions. The can be found in Florida Statute 316.193. Some of the included penalties for first time offenders are as follows:
- A probation period for up to 1 year, often with early termination after 6 months.
- A 6 months driver’s license suspension.
- DUI Counter Attack School and an alcohol evaluation that may result in subsequent treatment
- 50 hours of community service that requires 16 of the hours with the sheriff's work detail and 3 hours with the
- Victim Impact Panel.
- A $500.00 fine plus court costs.
- A possible jail sentence of up to 6 months.
- A mandatory 10 day Immobilization of your vehicle.
Your DUI citation (the ticket) is your unrestricted driving permit for 10 days from the date of your arrest. If you blew over a .08 BAC or refused to submit to a breath, urine or blood test, you license will be administratively suspended for 6 months for blowing over the legal limit and 1 year for the refusal in first offense situations. If this happens you will need a skilled Tampa DUI lawyer to help you fight your charges and get back your license.
You are entitled to an administrative review of that suspension, but a hearing must be set within the 10 day window stated above. In most cases, the hearing will be approximately 30 days down the road and a temporary business/education permit can be obtained. Should you win that hearing, you will have your driving privileges restored. If the suspension is up held, from the date of the decision, you must wait 30 days in cases of a breath above a .08 and 90 days in first time refusal cases to obtain another business permit in most cases.
The administrative process stated above has no legal connection to the DUI prosecution. There are, however, attacks on the entire situation that may apply equally in both instances. Everything from the legality of the stop, condition of the Intoxilizer 5000 breath testing machine, the field sobriety exercises, your personal physical condition and unique factors (diabetes, dentures, inner ear infections, prior and current injuries) and much more all play a roll in your defense to the charges as well as the administrative suspension.
