The most common questions asked by clients about driving under the influence (DUI) charges are if they count as felony offenses or misdemeanors. It honestly depends on the circumstances and details of your DUI case. Therefore, it can be difficult to answer such a question. Following a DUI charge, we highly recommend that you seek the advice and counsel of a reputable DUI attorney from The Law Place.
At The Law Place, we have years of experience in managing criminal cases from drunk driving to felony charges. A knowledgeable Tampa DUI lawyer from our law firm will explore all the available options, angles, and defense strategies to fight for your rights in court. A DUI attorney will also conduct an in-depth investigation into the details of your DUI charge to find any mitigating factors that could potentially help reduce the severity of your case in the eyes of the court and the prosecutor.
There is no need to be concerned for your future when you have the services of a reputable law firm managing your case and building a fortified DUI defense. Reach out and contact The Law Place now at (941) 444-4444 for a free consultation from a skilled Tampa criminal defense attorney, and we will fight for your rights together.
The Attorneys at The Law Place
At The Law Place, our DUI defense team is led by experienced attorneys dedicated to defending clients with tenacity and skill. David Haenel is a key figure on our team, with extensive experience in DUI defense and a deep understanding of Florida’s DUI laws. His sharp knowledge of breathalyzer testing and field sobriety test procedures often allows him to identify critical weaknesses in the prosecution’s case. David is known for his strategic thinking and commitment to securing favorable outcomes for his clients, whether through reduced charges or case dismissals.
Gail Thurston is another valuable member of our team, bringing a meticulous and detail-oriented approach to DUI defense. Gail’s background in complex litigation enables her to thoroughly investigate every aspect of a case, from the initial traffic stop to evidence handling. Her dedication to her clients is evident in her pursuit of justice, and she works tirelessly to protect their rights and future opportunities.
Together, David and Gail, along with our full team at The Law Place, offer a collaborative approach to DUI cases. We combine our knowledge and skills to build a robust, personalized defense strategy for each client, guiding them through the legal process and fighting to achieve the best possible outcome.
What Is the Difference Between a Misdemeanor DUI and a Felony DUI in Tampa, FL?
In Tampa, FL, the primary difference between a misdemeanor DUI and a felony DUI lies in the severity of the offense and the circumstances surrounding the incident. Here’s how they generally differ:
- Number of Prior Offenses – A first or second DUI offense is typically classified as a misdemeanor, assuming no additional factors elevate the offense. However, if a person is arrested for a third DUI within a 10-year period, or a fourth DUI at any time, it is generally classified as a felony. This reflects an increased level of concern for repeat offenses.
- Involvement of Serious Injury or Death – If a DUI incident results in serious bodily injury to another person, it can be charged as a felony, even if it is the driver’s first offense. Similarly, if the DUI incident leads to the death of another person (DUI manslaughter), it is automatically considered a felony. The presence of injury or fatality elevates the offense from a misdemeanor to a felony due to the harm caused to others.
- Presence of Aggravating Factors – Certain factors can also elevate a DUI to a felony. For instance, driving under the influence with a minor in the vehicle or having a particularly high blood alcohol concentration (BAC) level may increase the severity of the charge, depending on specific case details. These aggravating factors reflect an increased risk to public safety.
In essence, a misdemeanor DUI generally involves less severe circumstances, such as a first-time or second offense without injuries or aggravating factors. In contrast, a felony DUI involves repeat offenses, significant harm to others, or factors that indicate greater risk, making the charge more severe.
We’re here to serve you. Our phones are open 24 hours a day. Potential Penalties for Felony vs. Misdemeanor DUI
Penalties for DUI in Florida can range significantly depending on the charge level. Here’s a breakdown of potential consequences:
Misdemeanor DUI
Common for first or second offenses.
- Fines – Up to $1,000, depending on BAC and aggravating factors.
- Jail Time – Up to six months, potentially longer if BAC was above 0.15%.
- Driver’s License Suspension – Up to one year for a first offense, or longer for subsequent offenses.
- Other Penalties – Probation, community service, DUI school, and installation of an ignition interlock device.
Felony DUI
Third offense within 10 years, DUI with serious injury, or DUI manslaughter.
- Fines – Up to $10,000.
- Prison Time – Up to 15 years for DUI with serious bodily injury, or DUI manslaughter.
- Driver’s License Revocation – Possibly perminant, especially for DUI manslaughter or multiple felony DUIs.
- Collateral Consequences – Felony DUI can impact your ability to secure employment, housing, and even some forms of credit.
These serious penalties highlight the importance of working with a skilled DUI attorney who understands the full range of options to help minimize or avoid such consequences.
Misdemeanor VS. Felony DUI
We’re Florida’s top litigation team with over 75 years of combined experience What Tests Are Used to Prove a DUI in Tampa, FL?
The police force in Tampa has a multitude of tests that they can perform to see if a driver is under the influence, such as:
- Coordination Exams – One of the quickest methods to see if the driver is intoxicated by the usage of drugs or alcohol. A police officer will request the driver to step out of the car and then ask them to try balancing on one foot or walking in a straight line. This test will prove if the driver can perform the tasks without tripping or losing their balance.
- Verbal Exams – A police officer will request for the driver to go over the alphabet backward or perhaps enact a different kind of verbal test. This test will see if the driver slurs as they are speaking or experiences cognitive difficulty in their attempt to perform the task.
- Breathalyzer Test – One of the most accurate tests on the scene. A police officer will request the driver to breathe into the breathalyzer device. This will prove that the driver is under the influence by measuring the alcohol concentration in the driver’s mouth.
- HGN Test – Also known as the horizontal gaze nystagmus. A police officer will shine a light on the driver’s eyes to test the responsiveness of them.
- Blood/ Urine Test – Blood alcohol content (BAC) or substances in the driver’s bodily system can be accurately calculated by taking a urine chemical or blood test at the police station or a specialized testing vehicle.
As a driver, you are given the right to refuse any of the exams or tests according to the laws in Florida. However, it is worth adding that the implied consent law declares your driver’s license will be banned for up to one year, as expressed in Florida Statute 316.1932.
From the initial call to updates on your case status, we are here to get you answers. What Are DUI Charges in Tampa, Florida?
The term DUI stands for ‘driving under the influence,’ which includes drunk driving.
The term DWI stands for ‘driving while intoxicated,’ which includes intoxication of drugs, either illegal or prescription. In other words, a DWI means that the usage of a substance has impaired your normal driving and senses.
According to the State of Florida, you are automatically charged as being guilty of a DUI if your blood alcohol content (BAC) is 0.08% or more. However, if you are a commercial driver, then the BAC limit is 0.04%.
Blood alcohol content (BAC) is tested by undergoing a blood test or using a breathalyzer. A breathalyzer test works by measuring the alcohol concentration in someone’s breath by asking them to breathe into the device. If the person’s BAC level is high above the legal limit, then they will be arrested and face DUI conviction.
The penalty will be evermore severe if the alcohol limit in the person’s blood is very high. A first time DUI charge will receive a fine between $500 to $1,000. However, the fine is dramatically increased to $2,000 or even more if the blood alcohol content (BAC) is above 0.15%.
The Law Place has years of experience in dealing with DUI cases, and we can help fight for your rights. Reach out and contact our law firm now for a free consultation in Tampa.
DUI Laws for Minors in Tampa, Florida
The laws in Florida are extremely strict when it comes to underage possession of alcohol. A minor is classed as a person who is aged 21 years and under, and they will be charged with a DUI if their blood alcohol content (BAC) is at 0.02% or above.
A minor facing DUI will also receive a driver’s license suspension for up to six months. However, if it is a second offense, then the suspension increases to a one-year ban.
How a DUI Can Impact Your Professional License
A DUI conviction can have serious implications for individuals with professional licenses, such as doctors, nurses, teachers, and lawyers. Many licensing boards in Florida require you to report a DUI conviction, and failing to do so can result in further disciplinary action, including suspension or revocation of your license. Penalties vary by profession and may include fines, mandatory treatment, or professional probation.
If you’re facing a DUI charge and hold a professional license, it’s essential to consult with a DUI defense attorney who understands the additional regulations and risks for licensed professionals. An experienced attorney can guide you through the reporting process, help mitigate the impact of the charge on your career, and potentially negotiate with licensing boards to minimize disciplinary actions. Taking these steps promptly can be key to protecting your professional future.
Understanding the DUI Court Process
The DUI court process can be intimidating, especially if you’re unfamiliar with the legal system. Here’s what you can expect at each stage, along with a general timeline:
- Arraignment – This is the first court appearance where you’ll hear the formal charges against you and enter a plea of guilty, not guilty, or no contest. An experienced attorney can advise on the best plea for your situation and may even appear on your behalf, depending on the charge.
- Pre-Trial Hearings and Motions – During these hearings, your attorney can file motions to suppress evidence, dismiss the case, or challenge the validity of certain tests or procedures. This stage often determines the strength of your case and whether it will go to trial.
- Plea Negotiations – At this point, your attorney may negotiate with the prosecution for a reduced charge, such as reckless driving instead of DUI, or explore options for a plea bargain.
- Trial (if necessary) – If a plea agreement isn’t reached, your case may go to trial. Here, both sides present evidence and witnesses, and either a judge or jury will decide the outcome. Your attorney will work to present the best defense strategy to secure a favorable result.
Refusing to Submit to a Breathalyzer Test
Once drivers have passed their test, they automatically assume a duty of care in Tampa. In other words, drivers are expected to move cautiously and in accordance with the law to keep themselves and other road users safe. In addition, you also consent to take a breathalyzer test if a police officer suspects that you are driving under the influence of alcohol or drugs.
You do have the right to refuse to take a breathalyzer test in the state. But this usually leads to much more serious consequences that could be even worse than just simply taking the breathalyzer test and therefore admitting to your DUI crime.
The Law Place has managed thousands of cases related to DUI, and we can offer you a free consultation. Reach out and speak to a skilled lawyer from our firm, who will talk you through the process and answer all of your questions.
DUI Defense Strategies
A skilled DUI defense attorney will carefully examine every aspect of your case to determine the most effective defense strategy. DUI charges involve a variety of evidence types, procedural requirements, and protocols that, if mishandled, can significantly weaken the prosecution’s case. Here are some common and powerful defense strategies:
Challenging the Legality of the Traffic Stop
One of the first areas a defense attorney will examine is the legality of the initial traffic stop. Law enforcement must have a valid reason, or “probable cause,” to pull you over. This means the officer needs to have observed behavior that indicates a potential traffic violation or signs of impairment, such as swerving or speeding. If the officer cannot justify the stop, any evidence obtained during or after the stop may be inadmissible in court, greatly weakening the prosecution’s case.
In addition to probable cause, the length of the detention can also be challenged. If the officer detained you for an extended period without further cause or reasonable suspicion, your attorney may argue that this constitutes an unreasonable detention, which could also render evidence inadmissible.
Questioning the Accuracy of BAC Testing
The accuracy of blood alcohol concentration (BAC) testing is crucial to DUI cases, and defense attorneys often scrutinize how these tests were administered and the devices used. Breathalyzers, for instance, are sensitive devices that require regular maintenance and calibration. Improper calibration or handling can lead to inaccurate results. Your attorney may review maintenance records to see if the device was due for service or if the officer administering the test was properly trained.
Blood tests can also be challenged. While generally more reliable, blood tests are susceptible to contamination or mishandling if not stored or transported correctly. A common issue involves the chain of custody, which requires each person who handles the sample to document their actions. Any break in this chain can lead to questions about the sample’s integrity. By uncovering flaws in BAC testing, a skilled attorney can cast doubt on the accuracy of this evidence.
Examining Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN), are often used by officers to assess impairment. However, these tests rely on subjective assessment and can be influenced by factors unrelated to alcohol impairment:
- Physical Limitations – Health conditions, injuries, or age can impact a person’s ability to perform balance-based tests.
- Environmental Conditions – Poor lighting, uneven ground, and weather conditions can also affect a person’s performance.
An experienced attorney will evaluate whether these factors might have unfairly influenced the results and argue that they make the tests unreliable indicators of impairment.
Challenging Police Procedure and Rights Violations
Miranda Rights play a critical role in DUI cases. If an officer interrogates you while you’re in custody without first informing you of your right to remain silent and right to an attorney, any statements you make during that questioning may be inadmissible. This violation of rights could significantly impact the prosecution’s case, especially if self-incriminating statements were made.
Furthermore, DUI arrests follow specific procedural guidelines. If an officer deviates from these procedures, it can be grounds for dismissing certain evidence. For instance, officers must document observations that suggest impairment, such as bloodshot eyes or slurred speech. If these observations are missing or inconsistent with other reports, your attorney may argue there’s insufficient evidence of impairment. In addition, any unlawful search of your vehicle or person without proper justification can also be challenged, potentially leading to key evidence being thrown out.
Using Expert Witnesses
Expert witnesses can be invaluable in DUI defense cases, particularly when it comes to scientific or technical evidence. Attorneys may work with experts in fields such as toxicology or accident reconstruction to question the validity of the evidence:
- Toxicologists can explain potential inaccuracies in BAC testing due to factors like acid reflux, diabetes, or the timing of alcohol absorption, which can lead to elevated BAC readings despite lower actual impairment.
- Medical Experts can testify on conditions that mimic impairment, such as fatigue or certain medications, which may influence field sobriety or breathalyzer results.
By bringing in expert witnesses, attorneys can introduce alternative explanations for BAC levels or field test results, creating reasonable doubt in the prosecution’s evidence.
Arguing Alternative Explanations for BAC Levels
An experienced attorney may present alternative explanations for elevated BAC readings, challenging the presumption that the BAC at the time of testing reflects the BAC at the time of driving. The “Rising BAC” defense is based on the premise that alcohol takes time to absorb into the bloodstream. If there was a delay between the time you were driving and the time your BAC was tested, your BAC may have risen during that interval, leading to an artificially high reading.
Other conditions, like acid reflux or hypoglycemia, can also skew BAC results. Certain health conditions cause the body to produce substances that may be detected as alcohol by a breathalyzer. In these cases, your attorney may argue that a health condition, rather than recent drinking, caused the BAC reading.
Reviewing Officer Training and Conduct
The training and conduct of the arresting officer can be crucial factors in a DUI case. Officers are required to follow specific protocols for DUI stops, testing, and arrests, and any deviation can undermine the prosecution’s case. For example:
- Officer Training Records – If the officer wasn’t properly trained to administer breathalyzer tests or field sobriety tests, it could affect the accuracy and reliability of the results. Your attorney may request records to verify the officer’s qualifications.
- Misconduct History – In some cases, an officer’s past conduct may come into play. If the officer has a history of mishandling evidence, using excessive force, or violating procedures, it can raise questions about their credibility and the reliability of their observations.
These strategies are just a few examples of the approaches a skilled DUI defense attorney can use to strengthen your case. By thoroughly examining each detail, from the initial stop to the administration of tests and procedures, an experienced lawyer can craft a defense that maximizes your chances of a favorable outcome, whether that means a reduced charge, a plea bargain, or even dismissal of your case.
Expungement and Record Sealing for DUI Convictions
For those convicted of a DUI, expungement or record sealing may be an option to reduce long-term consequences. While Florida law generally does not allow DUI convictions to be expunged, some arrests and charges that don’t result in conviction may qualify for record sealing. A sealed record can significantly improve employment, housing, and educational opportunities, as it restricts public access to your criminal history.
The process for expungement or record sealing is complex, and eligibility depends on your case specifics. Your attorney can help determine if your DUI charge qualifies and guide you through the application process. Although not all cases are eligible, exploring this option with a knowledgeable lawyer can give you a chance at a fresh start and more future opportunities.
Local Resources in Tampa for DUI Support and Rehabilitation
Facing a DUI charge can be overwhelming, but there are several local resources in Tampa that can provide valuable support and help you make positive changes. Whether you need assistance with alcohol education, support groups, or rehabilitation, Tampa offers a variety of programs that can aid you in your journey. These resources can also demonstrate to the court that you are taking responsibility, which may positively impact your case.
1. DUI Counterattack Hillsborough
- The DUI Counterattack Hillsborough offers DUI educational classes that meet Florida state requirements. These courses focus on alcohol and drug education and are often mandated as part of DUI sentencing. Successfully completing these classes can be beneficial when working with the state attorney’s office, as it shows a commitment to addressing the underlying issues.
- Location – 4711 N Hubert Ave, Tampa, FL 33614
- Contact – (813) 875-6201
2. Alcoholics Anonymous (AA) Meetings in Tampa
- Alcoholics Anonymous (AA) offers free, confidential support groups for those struggling with alcohol use. Regular attendance can demonstrate a proactive approach to addressing substance use issues, which may reflect positively in court. AA meetings are available daily throughout Tampa and Hillsborough County, with groups tailored for a wide range of individuals, from beginners to long-term attendees.
- Find Local Meetings – AA Tampa Bay Intergroup or call (813) 933-9123
3. Tampa Counseling and Wellness
- Tampa Counseling and Wellness provides professional counseling services for individuals facing addiction, stress, and legal challenges related to DUI charges. Their certified counselors offer one-on-one therapy and group sessions, helping clients develop coping strategies, address substance use, and improve overall mental well-being.
- Location – 8905 Regents Park Dr, Suite 210, Tampa, FL 33647
- Contact – (813) 616-7186
4. ACTS (Agency for Community Treatment Services)
- ACTS offers substance abuse treatment programs, including detoxification, outpatient, and residential rehabilitation services. They provide comprehensive care for those struggling with alcohol and substance use, which can be beneficial for individuals facing a DUI who wish to demonstrate a commitment to making a positive change.
- Location – 4612 N 56th St, Tampa, FL 33610
- Contact – (813) 246-4899
5. Mothers Against Drunk Driving (MADD) – West Central Florida
- Mothers Against Drunk Driving (MADD) offers victim support, advocacy, and education programs to prevent drunk driving. While MADD does not provide legal defense, participating in MADD victim impact panels or educational events can help show the court your commitment to safer driving habits and can often be a required part of DUI sentencing.
- Location – 4210 W Linebaugh Ave, Tampa, FL 33624
- Contact – (813) 935-2676
6. The Salvation Army – Tampa Adult Rehabilitation Center
- The Salvation Army’s Adult Rehabilitation Center offers a long-term residential rehabilitation program for individuals dealing with substance use and life challenges. This program can be beneficial for those seeking to show a genuine commitment to addressing alcohol or drug issues, especially for those facing multiple DUI offenses or looking for structured support.
- Location: 13815 N Salvation Army Ln, Tampa, FL 33613
- Contact: (813) 972-0471
7. Tampa Bay Re-Entry Program
- The Tampa Bay Re-Entry Program provides resources for individuals who are re-entering society after facing legal issues. They offer support services, including job training, substance abuse counseling, and legal assistance, which can help individuals rebuild their lives after a DUI or other criminal offense. This program is particularly helpful for those looking to regain stability in employment and daily life.
- Location – 7101 N Florida Ave, Tampa, FL 33604
- Contact – (813) 247-5050
Taking Advantage of Local Resources
Engaging with these local resources can not only help you address any underlying substance use issues but also demonstrates a proactive attitude that may benefit your case. When you work with a DUI defense lawyer, they can guide you on which resources might strengthen your defense and how to best use them in your favor. If you’re ready to take the next steps, contact The Law Place today for a consultation and discuss the resources that can help build a strong defense for your DUI case.
Tampa Felony DUI Lawyer FAQ
How much does a DUI lawyer cost in Florida?
The cost of a DUI lawyer in Florida can vary depending on factors like the complexity of the case, the lawyer’s experience, and any additional expenses. In general, you can expect fees to range from $1,500 to $10,000 or more. While this might seem high, investing in an experienced criminal defense attorney can make a significant difference in the outcome of your case. Many DUI defense attorneys offer consultations, allowing you to discuss your case and understand potential costs upfront.
Should I get a lawyer for a DUI in Florida?
Yes, hiring a DUI lawyer is often crucial in defending yourself against DUI charges. A DUI arrest can lead to severe consequences, including license suspension, fines, and potentially jail time, especially if this is a repeat offense or involved serious bodily injury. An experienced Tampa DUI lawyer will be familiar with Florida’s DUI laws and can negotiate with the state attorney’s office on your behalf, work to reduce your charges, or even help you avoid conviction altogether.
How do I win a DUI case in Florida?
Winning a DUI case depends on various factors, including the strength of evidence, the skill of your DUI defense attorney, and the actions of law enforcement officers during your arrest. Some possible defenses include challenging the validity of breathalyzer or blood tests, arguing improper procedures by law enforcement, or identifying violations of your constitutional rights. An experienced Tampa DUI lawyer will assess every detail of your case to build the strongest defense possible.
How long does a DUI case take in Florida?
The timeline for a DUI case varies based on factors like the complexity of the case and court schedules. Typically, a DUI case in Florida can take anywhere from a few months to over a year. Factors like plea negotiations, pretrial motions, and the involvement of the DUI defense lawyers association in reviewing expert testimonies can all impact the length of a case. Your DUI defense attorney will guide you through each stage, providing a clearer understanding of expected timelines.
What are the penalties for a DUI in Florida?
Florida DUI penalties vary depending on whether this is a first offense, if there were aggravating factors (such as a minor in the car or high blood alcohol content), or if anyone suffered serious bodily injury. Penalties may include license suspension, fines, community service, DUI school, and even jail time. Felony DUI charges carry especially severe penalties, emphasizing the importance of working with a skilled criminal defense lawyer to protect your rights.
Can a DUI be reduced to a lesser charge?
In some cases, a DUI charge may be reduced to a lesser charge, such as reckless driving. The likelihood of this depends on the specifics of the case, including the evidence presented by the state attorney’s office and the effectiveness of your criminal defense lawyers. Having an experienced DUI defense attorney who understands the local court system in Hillsborough County can improve your chances of negotiating a reduced charge.
What should I do if I am pulled over on suspicion of DUI?
If you are pulled over on suspicion of DUI, it’s important to remain calm, be respectful to the law enforcement officer, and avoid making self-incriminating statements. You have the right to remain silent and can politely refuse to answer questions without a lawyer present. Also, remember that you are not required to perform field sobriety tests in Florida, though refusing a breathalyzer test may have consequences. Contacting a DUI defense lawyer as soon as possible after your arrest is crucial.
What if I am a repeat DUI offender in Florida?
Florida has enhanced penalties for repeat DUI offenders. If you have prior DUI convictions, you may face stiffer fines, longer license suspensions, and increased jail time. A repeat DUI offense is often treated as a more serious criminal offense, especially if it involves injury or death. Having an experienced criminal defense attorney by your side is essential to address these heightened risks and work toward the best possible outcome.
How can an experienced Tampa DUI lawyer help me?
An experienced Tampa DUI lawyer has the knowledge and skills to review the evidence against you, challenge improper procedures, and advocate for reduced charges or dismissal where possible. DUI defense attorneys understand the strategies employed by the state attorney’s office and can work to protect your rights and minimize the impact of a DUI charge. An effective defense may involve negotiating for lesser charges, filing motions to suppress evidence, or representing you at trial.
Speak to One of Our Tampa DUI Lawyers Today
A Tampa DUI can lead to severe consequences, which includes the risk of possibly losing your driver’s license, alongside receiving a hefty fine for your actions. In addition, a Tampa DUI can also have heavy effects on your family life and job as well.
However, there is no need to be concerned for long, as our team of DUI lawyers will fight for your rights and ensure that your case is settled with a reasonable outcome. At The Law Place, we have years of experience in helping to reduce the charges and consequences for our clients. We have seen almost every kind of Tampa DUI case, and we know how to handle it. Our quick-fire skills and database of knowledge have achieved great success in reducing punishments for Tampa DUI cases across the State of Florida.
We know the pressure you are up against, but our law firm will ensure that your DUI defense is fit for the courtroom. It is worth noting that we might even be able to have your DUI case overturned, depending on your specific circumstances.
Contact The Law Place now for a free consultation, and our team of DUI lawyers will get to work on your case. Our phone lines are available 24 hours a day, seven days a week, so call now on (941) 444-4444, and we will fight for your future together.
