License Suspension & DMV Hearings in Tampa
You only have 10 days from the date of your arrest to take action regarding your driver's license before an automatic suspension goes into effect. If this is your first DUI arrest, you have the option to waive your right to an appeal, which will result in you obtaining a hardship license good for driving for work, religious, school, or medical purposes, or "for any reason necessary to maintain your livelihood."
If you refused to blow or provide a urine sample, the hardship license
will be in place for 1 year from the date of arrest. If you provided a
sample and your blood-alcohol level was over .08 (the legal limit in Florida)
then the hardship will be in place for a period of 6 months from the date
of arrest. Please note that to obtain a hardship license you must waive
your right to appeal and also enroll in DUI School within the first 10 days.
Alternatively, you my challenge the suspension altogether. Your Tampa DUI attorney will set a hearing with the DMV and if the officer is unable to prove the necessary elements your license will be reinstated. During the time that the appeal is pending you will be able to drive on a hardship license.
Your attorney will be able to advise you whether it is in your best interest to waive the appeal or to go forward with an appeal. Regardless of your decision, you must take action within 10 days to avoid a suspension automatically going in to effect! Should you fail to take action within 10 days, your license will automatically be suspended for 90 days for a refusal or 30 days for a sample over the legal limit.
DUI Penalties in Florida
If you are convicted of DUI there are certain minimum mandatory sanctions that are required by law. We will fight to have your DUI dismissed through a technical or procedural error made by law enforcement, or by obtaining a "not guilty" verdict from a jury.
Possible penalties can include:
- Jail
- Extensive fines
- Community service
- DUI School / Treatment
- License suspension
- Vehicle impound
- Ignition Interlock Device (IID)
Alternatively, we may be able to have the State reduce your DUI to a lesser charge of Reckless Driving, which removes the stigma associated with DUI and allows you to answer "no" if asked if you were ever convicted of DUI. Additionally you will avoid some of the mandatory penalties associated with DUI and may not have to carry high-risk auto insurance. If you are facing drunk driving charges, speak with our Tampa DUI attorney today!
First Time DUI Penalties In Florida
1ST DUI (BAC Under .15) Minimum Penalties:
- $500 fine plus court costs
- Probation
- 50 community service hours
- DUI School & Any Required Treatment
- 10 Day Vehicle Impound
- 6 Month License Suspension
1ST DUI (BAC Over .15) Minimum Penalties:
- $1,000 fine plus court costs
- Probation
- 50 community service hours
- DUI School & Any Required Treatment
- 10 Day Vehicle Impound
- 6 Month License Suspension
- 6 Month Vehicle Ignition Interlock Device
Subsequent DUI convictions result in increased penalties. For example, a second DUI within 5 years of the first conviction carries a MANDATORY 10 days in jail and a MANDATORY 5 year license revocation.
Matters Our Tampa DUI Lawyers Handle
- APC DUI & CDL DUI
- Breath & Blood Tests & Field Sobriety Tests
- BUI
- College DUI & Underage DUI
- DHSMV Hearings & DMV Hearings
- Driver's License Reinstatement
- DUI Accidents
- DUI Manslaughter & Vehicular Manslaughter
- DUI Alternative Sentencing
- DUI Over .15 or Child Passenger
- DUI with Drugs & DUI with Injury
- Felony DUI
- First-Time DUI & Multiple DUI
- Out of State DUI
- How DUI Impacts Your Driving Privilege
- Ignition Interlock Devices
- DUI Process
- Only 10 Days to Act!
- Sealing Your DUI Arrest
- Unlawful Police Stops
- Veterans Diversion Program
- Violation Of DUI Probation
Why Hire a Tampa DUI Lawyer?
If you have been arrested in Florida for driving under the influence (DUI), it is essential to consult with a criminal defense lawyer right away. A DUI conviction can result in hefty fines, jail time, and other serious penalties. In order to protect your rights and secure a favorable outcome, consulting a legal professional is imperative.
A qualified Tampa DUI lawyer will have experience defending clients against DUI charges and will be able to provide sound advice on how to proceed with your case. An attorney may also be able to negotiate lesser penalties or even have the charge dismissed altogether depending on the circumstances of your case. With their knowledge and expertise, they can work towards getting you the best possible result for your situation.
DUI attorneys are knowledgeable of local DUI laws, court procedures, and can offer valuable insight into the process that a layperson would not be aware of. They will ensure that your rights are protected throughout the legal process and provide resources to help you understand what is happening. Having a Tampa DUI lawyer on your side will help you navigate through the complexities of Florida’s DUI law, ultimately giving you peace of mind and helping to achieve the best outcome for your case.
Who is the Best DUI Lawyer in Tampa?
It is important to understand that DUI carries a MANDATORY conviction, meaning you are not eligible to have your record sealed or expunged if convicted of DUI.
After being arrested for DUI, a million questions run through your head: What penalties am I facing? Will I lose my driver license? Am I going to go to jail? After pondering these confusing and stressful questions, almost everyone inevitably asks "Who is the best DUI lawyer in Tampa?"
This isn't an easy question to answer. Almost every lawyer has his or her own unique skills that are brought to the table. We recently sat down with Tampa DUI lawyer and Former State Prosecutor for Hillsborough County, Tav Gomez, to discuss the characteristics that you should look for in your Tampa DUI attorney.
"First," Mr. Gomez says, "you should focus on experience. It is important to hire an attorney who knows the law as well as the criminal justice system. An experienced DUI defense lawyer will know the Judges and Prosecutors as well as his way around the courthouse. This will be extremely helpful in helping to fight your case, including negotiations with the state attorney's office and trial preparation if necessary." It is also important that your attorney knows and understands the law. "Our system of justice is built upon statutes and precedent - what has happened in similar cases before. It is important that you hire an experienced Tampa DUI lawyer who is up to date on changes in the law. An experienced Tampa DUI attorney will have handled hundreds or thousands of DUI cases and will be able to compare and contrast your particular case to holdings of similar cases in your jurisdiction."
How to Choose a Tampa Lawyer for Your DUI
Mr. Gomez stresses that it is also important to hire a Tampa DUI attorney with a good reputation. "Look online to find reviews of the lawyer you are thinking of hiring. There are many sites out there that review law firms and lawyers. Additionally, sites like Google and Yelp allow users to review law firms and leave comments. You should look to these reviews for guidance." Furthermore, that reputation will follow your lawyer into the courtroom. "Judges, prosecutors, and lawyers in the community know each other. It is important to hire an attorney with a good reputation with both clients and the legal community."
Finally, Mr. Gomez says, when looking for the best DUI attorney in Tampa you should take time and weigh your options. "Finding the best Tampa DUI lawyer is going to take time and patience. You should call several firms and view their websites and reviews. Take your time and ask the questions that matter to you. How would the attorney fight your case given the facts? What is the process the lawyer takes when fighting your case? Don't be afraid to ask questions."
Let Our Tampa DUI Lawyer Work For You! Call (813) 990-0599 Now
Choosing the right lawyer is a stressful time. It can often times make a big difference in your case. Take time and look for an experienced lawyer who has a positive reputation in the community. Our Tampa DUI attorney has had great success in getting DUI's reduced to Reckless Driving in the Tampa Bay area. With over 30 years of experience, our firm is prepared to defend you against the DUI charge and fight the suspension of your license. We will help you understand the process and explain what the likely outcome of your case will be based on our experience. We also offer convenient payment plans if your case qualifies.