TAMPA DUI LAWYER 

Tampa DUI lawyer Kevin A. Fuller has successfully defended hundreds of clients charged with DUI. More than 25 years of experience building strong defenses, creating reasonable doubt, and taking on the government.

Being accused of a crime can be a life-changing event.  If you are facing criminal charges, the attorney you choose for your defense can have a significant impact on the outcome of your case.  Criminal cases can be complicated with many issues that require thorough investigation and research.  Possessing the knowledge of relevant case law and statutes is critical for pinpointing errors that will support a Motion To Suppress Illegally Seized Evidence or a Motion To Dismiss The Information.

WHAT IS A DUI

Driving under the influence (DUI) of alcohol or drugs is either a misdemeanor or a felony. To prove its case, the State must show that you were either driving a vehicle or had actual physical control of a vehicle while impaired.

A person is presumed impaired if their blood alcohol level is .08 or higher. Many people believe that only your blood alcohol level can be used to bring a charge of DUI. That is not true. Although alcohol is the most common substance which causes a DUI, impairment can be caused by any chemical or controlled substance that affects a person’s faculties.  Your blood alcohol level can be determined by testing your breath, blood, or urine.

WHAT IS THE PENALTY FOR A FIRST DUI

A common question I receive is “what is the penalty for a first DUI?”  The answer depends on your facts and circumstances and whether an enhancer exists. An enhancer will increase your penalty. Common penalty enhancers are multiple DUI convictions; an elevated blow higher than .15, was there an accident involving serious injury or death, was there a minor in the car, etc.  If you are charged with DUI and an enhancer, you need to consult with an experienced Tampa DUI lawyer to discuss the penalty for a plea or conviction after trial.

I will answer the question using a first time DUI, no injury or property damage, and a non-elevated blow as the fact pattern. Your sentence will be 1) a fine between $500-$1000, 2) Possible imprisonment for no more than 6 months, 3) Probation not to exceed 1 year, 4) 50 hours community service, 5) impoundment of the vehicle for a period of 10 days, 7)  Complete the DUI Program, 8) Evaluation by a counselor who will issue recommendations that you will follow,  9) Suspension of your driver’s license for a minimum of 180 days and 10) Court costs. The combination of imprisonment and probation cannot exceed one year.

DUI is a crime that carries a heavy financial burden and can consume a great deal of your time. I will review the facts of your case to determine whether there are grounds to support any pre-trial motions.   Facts requiring investigation include why you were stopped, the actions leading up to your arrest, the amount of time between your arrest and your breath test (blow), the chain of custody of the evidence, etc. If grounds exist to support a pre-trial motion, the appropriate documents will be drafted, filed, and argued in court.  If necessary, I will set your matter for trial.

THE DUI DMV ADMINISTRATIVE REVIEW

After you have been arrested for a DUI, your driver’s license will be suspended. You should file a request for a formal review of the suspension within ten days of your arrest or notice of suspension from the DMV. The required forms can be obtained from my office. At the formal hearing, you will have the opportunity to question the arresting officer. The goal is to avoid the administrative suspension of your license.

Tampa offers qualifying defendants a DUI Diversion Program. We will discuss whether you are eligible for the program and the requirements for completing it because it requires a significant amount of work. The benefit of completing the program is you will be allowed to plead to reckless driving and your DUI will be dismissed.