How We Handle Your DUI Case: A General Framework

The following is a break down of the explanation and conversation that I would have with a client who comes into our office to speak about their pending DUI with a lawyer. At the Law Office of Robin Fuson we specialize in representing clients in Tampa, FL as well as surrounding counties including Hillsborough, Pinellas, Pasco, and Polk.

First, I would explain how there are two separate timelines a person or a clients lawyer must follow. One timeline deals with the administrative aspect of a DUI, the other deals with the criminal aspect of a DUI. Action must be taken on both within ten days of an arrest for DUI. Failure to follow the required timeline can result in forfeiture of your rights and warrants issued for your arrest. A result in one system as a general rule, does not have any bearing on the other. If you refused the breath test and later on the State reduced your case to Reckless Driving, the administrative suspension for refusing would still be in place. The only time one system affects the other is in the case of the administrative suspension being set aside if the client sets the DUI case for trial and wins.

By taking action and filing a challenge to the administrative suspension of your driver’s license within ten days, you give your attorney an opportunity to overturn your suspension at a formal review hearing. The hearings are usually set thirty to forty days from the time paperwork challenging the suspension is filed. During that time, clients will receive a temporary driving permit that will allow them to drive to work, school, church, or medical needs. Keep in mind, an administrative suspension only occurs if your breath alcohol content (BAC) is at or above .08, or you refuse to take the breath test, urine test, or blood test. The outcome of your administrative process has no bearing on the criminal aspect of your case.

Now let’s focus on the second timeline dealing with the criminal aspect of a DUI. Once again, we have 10 days to take action. Once you decide to retain our services at the Law Office of Robin Fuson, we will file a notice of appearance on your behalf. Along with that notice we include a written plea of Not Guilty and a demand for discovery. This triggers the beginning of your criminal case and places the clerk, state attorney and judge on notice that you are represented by our office. The clerk’s office will then set your case for an initial court date called an arraignment.

Our Tampa DUI Lawyer Will Work Toward a Positive Resolution

At the arraignment, whether it is in Hillsborough, Pinellas, Pasco, or Polk, the client’s presence is not necessary on DUI cases if a private attorney files a notice of appearance. The Court will reset the case for a status conference known as a disposition in about thirty days. The State Attorney’s Office has fifteen days from the arraignment to provide the attorneys at the Law Office of Robin Fuson all evidence in your case. At the disposition date, the attorneys will attend and have the opportunity to speak with the State Attorney face to face and advocate for our clients. Our main goal is to work towards a positive resolution that makes our clients happy. Many times we are able to convince the state attorney to drop or reduce the charges against our clients. Most of the time, a final resolution requires two to three disposition dates, each about thirty days apart. Your presence is not required at court dispositions.

Once a positive agreement is reached, the case is set for either a Change of Plea date or a Pre-Trial and Trial date. It is at these aforementioned court dates, that the client accompanies me to court and the case is wrapped up.

Basically, these are generally the steps taken for most DUIs. Each case is extremely fact specific within the general frame work set out above. Your DUI and the DUIs before and after yours, will all be very different. Having been the former Chief Prosecutor for the State Attorney’s Office in Tampa and Hillsborough County, as well as concentrating a large part of our criminal practice in the area of DUIs, rest assure there are few DUI scenarios that I have not experienced as an attorney.