Casey Can Fight For You
How Can a Driving Under the Influence Attorney Help?
DUI and Traffic Offenses can be quite challenging. You a friend or a loved may need a Tampa DUI Lawyer. The police are often the main witnesses. Scientific evidence from vehicle speed detection, accident reconstruction, the breath test and/or the blood tests are being presented against you. Damaging evidence against you may also include: the breath test (like the I-8000 / Intoxilyzer 8000), officer’s testimony, and Standard Field Sobriety tests.
A Board Certified Criminal Trial Lawyer, like Casey Ebsary, a Tampa DUI – DWI and traffic attorney has knowledge of these issues and can establish your defense against these charges. If you are searching for help from a Tampa Driving Under the Influence Attorney – your search is complete.
In Your Absence
Much of your Florida DUI Defense may be handled in your absence. This is especially true for out of state clients. 316.193, F.S. – DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances) In Florida, DUI is proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. (Source: Florida Department of Highway Safety and Motor Vehicles) There are two distinct cases which must be fought for each case. Call 813.222.2220 today, one has a window of opportunity of 10 days from the arrest.
If you refuse to take a breath, blood, or urine test after being arrested for DUI, or if results of your breath test were .08% or above, your license will be suspended unless a written demand for an administrative hearing is filed within 10 days after arrest.
Some Common Questions
- How do I save my license? Were you arrested within the last 10 days? Then you can apply for an administrative hearing and may get a 30 – 45 day permit. DHSMVHearingRequest
- Will my car have an interlock? If convicted, Second DUI – Yes. Over .15 Maybe.
- Will I go to jail? Second DUI Within 5 years – Yes 10 days. 3d DUI within 10 years? Yes 30 days. First, you must be convicted.
- Will my boss find out? If the DHSMV hearing is won, it is kept of the publicly recorded driving record and the chances are greatly reduced.
- Should I fight the case? You will certainly lose if you plead guilty. If there are problems with the case, we will find them and you may avoid a DUI Conviction.
- Will my out-of-state license be suspended for a Florida DUI? Probably – as soon as the State of Florida transmits the computer data regarding the refusal to take a breath test or blowing over a .08 the home state usually will honor what the State of Florida has done.
- Will my car be impounded? Only if you are convicted.
- Do I have to attend the DUI School? You must enroll, but not necessarily complete, if you lose you Administrative Suspension hearing before the case is resolved. The DUI School enrollment is a pre-condition to getting a Business Purposes Only license. If convicted of DUI, then DUI School is mandatory.
DUI Fine Schedule F.S. 316.193(2)(a)-(b)
1st Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
2nd Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
3rd Conviction More Than 10 Years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
3rd Conviction Within 10 Years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
4th or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
How can your license be reinstated after a DUI in Hillsborough County by an Attorney?
How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?
The Bureau of Driver Education and DUI Programs provides the oversight for 26 licensed programs. The Bureau administers Rule 15A-10, F.A.C., including instructor certification and training, investigating complaints, processing client appeals, conducting site visits, maintaining quality assurance, coordinating trust fund, and evaluating programs’ effectiveness. The DUI programs are private and professional non-profit organizations that are required to provide education, a psychosocial evaluation and treatment referral services to DUI offenders to satisfy judicial and driver licensing requirements. Two educational services are offered – Level I for first-time offenders and Level II for multiple offenders. The Level I course is to be a minimum of 12 hours of classroom instruction and incorporates didactic and interactive educational techniques. The Level II course is a minimum of 21 hours of classroom time using primarily interactive educational techniques in a group setting. The average class size is not to exceed 15 students for Level II. This course focuses on the problems of the repeat offender and treatment readiness as the majority of students are referred to treatment. In no case is placement in Level II used in lieu of treatment.
- Hillsborough County Florida Licensed DUI Programs
- Pasco County Florida Licensed DUI Programs
- Pinellas County Florida Licensed DUI Programs
Tampa DUI and Hillsborough County DUI law-enforcement officers usually conduct a series of DUI drunken-driving missions through the holidays. Most agencies conduct DUI patrols at night between 11 p.m. and 3 a.m. Previously, Sheriff’s officials want people who intend to drink to make arrangements to get home safely, using a designated driver, public transportation or a taxi.
Law enforcement usually conduct several DUI roadblocks during each major holiday. Local municipalities often will have roving patrols look for impaired drivers.
Hillsborough County Florida DUI Checkpoints are Listed Here: http://www.hcso.tampa.fl.us/DUI-Enforcement.aspx.
Under Florida DUI Laws, Can the Court eliminate a DUI suspension imposed by the Bureau of Administrative Reviews – The Florida Department of Highway Safety and Motor Vehicles – DHSMV?
Under Florida DUI laws / traffic laws sections 316.656 and 322.2615 trial judges in county or circuit courts cannot alter the administrative suspension and / or revocation periods. On an equally important note, courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant’s blood alcohol was over .20 . The only way to have an impact on the ability to drive after a DUI traffic stop, an arrest for DUI, a refusal to submit to a chemical test, or a breath result above .08 is to immediately take advantage of the procedures available via the Department of Highway Safety and Motor Vehicles (DHSMV) Bureau of Administrative Reviews (BAR).
Why should I hire a DUI Lawyer?
When stopped and arrested for DUI you may need to set a court hearing. Sometimes the hearing dates are set automatically. One reason to hire a competent DUI attorney is to find out the benefits that may be gained by investigating possible defenses, the risks of conviction, and what sentence may be imposed. Sometimes prosecutors make specific offers, but it is tough for defendants to reach out and personally discuss the case without making statements that the State can use against the driver.
What would be the advantage of hiring a Criminal Defense Attorney?
Sometimes drivers consider contacting the Office of the State Attorney or the Prosecutor in their own DUI case. The defense attorney can help with the initial administrative license suspension that will occur, if not challenged, within 10 days of the traffic stop and arrest. The lawyer may be able to help get a driving permit for work or business purposes. This short time period (less than two-weeks) will come and go long before the police, the clerk of courts, the Judge and prosecuting authorities ever even open a case file and set a court date. That is why many people hire private lawyers to find out if an arrest was improper. If the right questions are asked during the defense attorney’s investigation, the lawyer may be able to get the case dismissed. A lawyer may be able to get a better plea arrangement, keep you on the road, and out of jail.
What is the Legal Limit under Florida DUI Law?
Since an arrest for DUI can be made if an officer thinks a driver’s normal faculties are impaired, there is no legal limit. In Florida, a person can be arrested and convicted of DUI after consuming any amount of alcohol, even if the results are below a .08. Sometimes drivers are arrested and submit to other chemical tests and the results will not be available for weeks after the arrest.
What does a .08 mean?
Frequently a .08 is referred to as the legal limit. In Florida this is not entirely accurate. Under Florida Law, .08 BAC is a presumptive level for impairment. In other words, if you reach a .08 BAC, you are automatically considered impaired and a jury will be told to presume you are impaired if all procedures have been followed using an accurate breath testing machine. The instructions given to jurors can be found here. http://www.dui2go.com/2011/07/florida-dui-jury-instruction.html
What if a Florida Driver is below .08 BAC?
Florida DUI Adjudication and Sentencing
Under the DUI Laws in this state, and based upon the Florida Statutes sections 316.656 and 322.2615 a conviction or plea agreement to a driving under the influence charge results in an adjudication which is the legal term for conviction. Upon the closing of a DUI case as charged (without a reduced charge of reckless driving) drivers become convicted criminals and an entry is made on the official driver’s license record. The law states, “no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193 . . . .”
There are also minimum sentences including license suspension, fines, court costs and attendance at an approved alcohol traffic education course commonly referred to as the DUI School. The law provides, “If the suspension of the driver’s license of the person relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is sustained, the person is not eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the last temporary permit issued. ” Furthermore, “If the suspension of the driver’s license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271, until 90 days have elapsed after the expiration of the last temporary permit issued.”
Need a Hillsborough Drug Defense Attorney?
You can have a Free Phone Consultation about your Drug Charges in Florida with Board Certified Criminal Defense Lawyer / Attorney W.F. ”Casey” Ebsary, Jr.
W F Casey Ebsary a Board Certified Criminal Trial Lawyer. Casey defends drug charges and can help with drug treatment programs. Sometimes a treatment option avoids jail or prison. Serious charges deserve a serious defense. Get some help today. We note there have been huge prescription drug roundups by police in Tampa, Hillsborough County, Florida. One day we saw police had made or attempted to make 50 arrests in a single day, May 13, 2010. One day we also observed there were 135 arrest warrants and in cases involving over 5,000 pills. Frequently we see investigations of the alleged illicit distribution of Xanax, Oxycodone Oxycontin, and other prescription drugs. Another frequent Investigation involves transactions near pain management clinics.
Learn More About
Tampa DUI Lawyer
Learn more about Casey Ebsary. He is a former Tampa DUI Assistant State Attorney and Board Certified Criminal Trial Lawyer. Casey has been attorney of record and Tampa DUI Lawyer in hundreds of DUI cases. He has represented clients in driving under the influence (DUI) and driving while intoxicated (DWI) cases in many Florida counties. These counties include: Hillsborough, Pasco, and Pinellas. Casey has helped many people just like you with driving under the influence, drug charges, and Traffic Offenses. These charges can cause big headaches, We can provide relief. We also have a huge free fully searchable database of Florida D U I information. Feel free to review the latest news about these types of charges here: DUI News and Information – Call us today at 813.222.2220 for a free initial consultation. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. All inquiries are sent to us wirelessly 24/7/365, We are constantly checking and responding, and will quickly get back to you via telephone or email.
Please check our free fully searchable Florida DUI Database for information. There are dozens of frequently asked questions and hundreds of pages and articles for people charged with DUI and for lawyers who are seeking answers.
Court Locations in Pinellas
Brooksville DUI Drunk Driving Investigators in Hernando County,Florida sometimes use hand held or in-car video cameras. One of our recent Investigations included a visit to a DUI Checkpoint.
Hernando County Courthouse in Brooksville, Florida Coordinates 27.059126,-81.5625
DUI Plant City Courthouse at 302 N. Michigan Ave, Plant City, Florida Coordinates 28.017452,-82.120701
Lakeland Court House Located at Coordinates 27.897455,-81.843298
Temple Terrace, Florida
You can get professional affordable help from a Former DUI Prosecutor, W.F. “Casey” Ebsary, Jr., who was an Assistant State Attorney / DUI Prosecutor in the Hillsborough County State Attorney’s Office. Casey has prosecuted Temple Terrace defendants charged with DUI or BUI in Temple Terrace, Florida. Now he defends. When DUI troubles arise, Casey is there to help. Temple Terrace DUI Officers sometimes use Unmarked Vehicles to Patrol the city. The Temple Terrace Police Department has a zero-tolerance DUI policy and aggressively enforces the state’s DUI traffic laws
Temple Terrace Court Locations
DUI and other Criminal misdemeanor charges that occur in Temple Terrace, Hillsborough County, Florida are assigned to the main criminal courthouse in downtown Tampa, Florida. DUI Cases from Temple Terrace, Florida can be assigned to the main criminal courthouse in Downtown Tampa, Florida.
Winter Haven Drunk Driving Attorney
Florida DUI Officers receive rewards for DUI Arrests. Some officers travel to Tallahassee where they receive awards from Mother’s Against Drunk Driving (MADD). Casey has been covering these contests at his huge DUI news website. We have found awards including police equipment, police cars, and trips to Tallahassee, Florida. A few officers have made over a 1000 arrests.
Spring Hill Drunk Driving Attorney
You can get professional affordable help from a Former DUI Drunk Driving Prosecutor, W.F. “Casey” Ebsary, Jr., who was an Assistant State Attorney / DUI Prosecutor in the Hillsborough County State Attorney’s Office. Casey has prosecuted My practice covers Florida DUI Officers receive rewards for DUI Arrests. Some officers travel to Tallahassee where they receive awards from Mother’s Against Drunk Driving (MADD). Casey has been covering these contests at his huge DUI news website . We have found awards that include police equipment, police cars, and trips to Tallahassee, Florida. A few officers have made over a 1000 arrests. Spring Hill DUI charges are prosecuted in Brooksville. Hernando County Courthouse in Brooksville, Florida
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