Dade City & Zephyrhills DUI Defense Attorney
If you have been arrested for Driving Under the Influence (DUI) in Pasco County or anywhere in the Tampa Bay area, retain experience Dade City & Zephyrhills DUI defense attorneys to start working on your case today. The DUI attorneys at the Madonna Law Group are available to discuss your case in person or by phone.
Call 352.567.0411 for the personal attention your case deserves.
10 DAY WARNING!
You Must Act within 10 days to Save Your Driver’s License
If you have been arrested for DUI and the results of your breath test were .08% or higher, or you refused to take a breath, blood, or urine test after being arrested, you must act quickly to avoid a suspension of your Florida Driver’s License.
Your DUI attorney must file a written demand for an administrative hearing with the State of Florida Department of Motor Vehicle and Safety (DHSMV) within 10 calendar days of your arrest date.
Call (352) 567-0411 now to hire a DUI lawyer to file this demand on your behalf and argue your case at a formal review hearing in front of a hearing officer from the DHSMV.
Challenge Your DL Suspension & Fight Your DUI Criminal Charge
If you have been arrested for Driving under the Influence, there are two matters that you must address. The first is the civil case where the DHSMV attempts to suspend your driving privileges, and second is the criminal matter. Our DUI defense attorneys represent clients in both the civil and criminal matters.
The Driver vs. the DHSMV—The Civil Case
The first matter is the civil case with the DHSMV regarding the suspension of your driver’s license. Your DUI lawyer must file the proper documentation demanding a hearing within 10 days from the date of your arrest. There is no penalty or downside in demanding an administrative formal review to determine if your driver’s license should be suspended.
After your DUI defense attorney demands the hearing, a temporary driver’s permit will be issued allowing you to operate a vehicle while the hearing is pending. Your driver’s permit can extend your operating privileges for an additional 42 days.
Since the prosecutor for the State of Florida does not participate in administrative hearings, another benefit of having your DUI defense lawyer demand a hearing is the fact that your attorney will likely receive and review the police reports in the case well in advance of the prosecutor.
Defendant vs. the State of Florida—The Criminal Case
The second matter is the criminal case against you. Shortly after your arrest, the clerk of court will mail you a notice to be present at an arraignment to answer to the charges. Hiring an experienced DUI attorney is vital to protecting your rights, maintaining your innocence, and proving that you were not driving under the influence. An attorney may also waive your appearance in court which can save you time and money.
Get Your DUI Case Reduced or Dismissed
Being arrested for DUI does not mean you have to be convicted. If fact, DUI charges often get reduced or dismissed after all the facts become known. Our attorneys, along with our investigators and legal researchers, have the experience, knowledge, and determination to get our clients the best possible outcome. After the facts become known, you need a skilled negotiator on your side to present those facts to the prosecutor assigned to the case. If the prosecutor will not waiver, then you need an experienced criminal defense trial attorney to present your case in front of a jury. The DUI attorneys at the Madonna Law Group consisting of William Anderson possess the skills necessary to negotiate or try the case to the very end.
The most common reduction in DUI cases is when the prosecutor agrees to amend the DUI to a charge of reckless driving. A reduction to a reckless driving charge does not come easy. It requires the skill of an experienced DUI lawyer that can identify weaknesses in a case and then exploit those weaknesses to the benefit of the client. This may include filing motions to suppress or exclude valuable evidence. If successful in getting evidence suppressed, the chance of obtaining a guilty conviction at trial then decreases. When the strength the prosecutor’s case is weakened, the offers from the prosecutors to resolve the case usually improve with the benefit going to the client.
Potential Defenses in DUI Cases
There are an unlimited number of potential defenses in a DUI case. Every case is unique and every defense is different. Here is a list of some of the possible defenses available to you.
- Driver not under the influence of alcohol, controlled substances or chemicals
- Unlawful Traffic Stop (no reasonable suspicion or probable cause)
- No probable cause to arrest
- Not driving or in actual physical control
- Illegal Field Sobriety Exercises (You are not required to do such exercises)
- Field Sobriety Exercises Improperly given
- Inadmissible statements due to Miranda violations
- Inadmissible statement due to Accident Report Privilege
- No witness to place the driver behind the wheel or in actual physical control
- Improper DUI Roadblock procedures used to stop the driver
- Compel Intoxilyzer 8000 Computer Source Code Software
- Attack the maintenance of the breath test machine/Intoxilyzer 8000
- Attack the calibration of the breath test machine/Intoxilyzer 8000
- Arresting officer failed to preserve evidence (video/audio)
- Improper or no reading of Implied Consent Warning regarding breath test refusal
- Inoperable Vehicle
- Prescription Drug Defense
- Involuntary Intoxication
- Necessity due to self-preservation or self-defense
2 Ways Prosecutors Can Convict for Driving Under the Influence
If you have been charged with DUI, the prosecutor employed by the State of Florida can try to obtain a conviction in two ways. They are as follows:
Breath or Blood Test with a Blood Alcohol Level of .08% or higher
The prosecutor can obtain a conviction in a DUI case if he/she is able to convince a jury beyond a reasonable doubt that the defendant was driving or in actual physical control of the vehicle and the person had a blood or breath alcohol level equal to or greater than .08%
Proving Your Normal Faculties Were Impaired
The prosecutor can obtain a conviction in a DUI case if he/she is able to convince a jury beyond a reasonable doubt that the defendant was driving or in actual physical control of the vehicle and his/her normal faculties were impaired due to the consumption of alcohol, controlled substances or chemicals. This method is used when the person arrested for DUI refuses to take a breath, blood, or urine test after being requested by the arresting officer.
DUI Penalties in the State of Florida—Florida Statute 316.193
The penalties in Florida, if convicted of Driving Under the Influence, are strict and most are statutory in nature. For example, if convicted, the judge must adjudicate you guilty. That means you have a criminal record and it cannot be sealed or expunged.
- First Conviction: $500-$1000
- First Conviction with blood or breath over .15% or minor in the vehicle: $1000-$2000
- Second Conviction: $1000-$2000
- Second Conviction with blood or breath over .15% or minor in the vehicle: $2000-$4000
- Third Conviction with more than 10 years after the second DUI: $2000-$5000
- Third Conviction with more than 10 years after the second DUI and blood or breath over .15% or minor in the vehicle: Not less than $4000
- First Conviction: Up to 6 months jail
- First Conviction with blood or breath over .15% or minor in the vehicle: Up to 9 months jail
- Second Conviction: Up to 9 months jail
- Second Conviction with blood or breath over .15% or minor in the vehicle: Up to 12 months jail. There is a 10 day mandatory jail sentence if the 2nd conviction occurs within 5 years of the 1st conviction.
- Third Conviction with more than 10 years after the second DUI: Up to 12 months jail
- Third Conviction within 10 years after the second DUI: 30 day mandatory sentence and up to 5 years in prison. This is a 3rd Degree Felony.
- Fourth Conviction: Up to 5 years in prison regardless of when the prior DUI’s occurred. This is a 3rd Degree Felony.
Driver’s License Revocation:
- First Conviction: 180 days up to a maximum of one year
- Second Conviction within 5 years: Minimum 5 year revocation. May be eligible for a hardship reinstatement after 1 year. Other second time offenders are treated the same as a first conviction.
- Third Conviction within 10 years of the Second Conviction: Minimum 10 year revocation. May be eligible for hardship reinstatement after 2 years.
- Fourth Conviction: Permanent revocation regardless of when convictions occurred. No hardship reinstatement.
DUI School Requirements:
- First Conviction: Must complete DUI school before eligible for a hardship reinstatement. Defendant’s who wait out the revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If the defendant enrolls and is reinstated after the revocation period expires, the failure to complete the DUI school within 90 days after reinstatement will result in a licenses cancellation. The defendant cannot then be re-licensed until the DUI school is completed.
- Second conviction within 5 years: Must complete the DUI school following the conviction.
- Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemicals or controlled substances contributed to a violation of reckless driving, the person convicted must complete a DUI school if ordered by the court.
- First Conviction: Mandatory 50 hours of community service. Some judges will allow the defendant to “Buy Out” the community service hours at $10/hour.
- Probation is not mandatory but in most cases a person convicted of DUI will be placed on probation if all the conditions of the sentence are not satisfied at the time the case is resolved. In most cases, this means the defendant will be placed on probation until a DUI school is completed, Victim Impact Panel is attended, Alcohol/Drug Evaluation and recommended treatment is completed, community service is completed, and all fines/cost are satisfied. An experienced DUI attorney can provide you with the guidance necessary to avoid a lengthy probationary period.
Contact Us Today To Secure Competent DUI Legal Representation
Contact us today for a free case review. Or call (352) 567-0411 to schedule an appointment with an experienced Dade City & Zephyrhills DUI defense attorneys. We are located directly across the street from the Pasco County Courthouse. The Madonna Law Group also represents clients involving criminal matters in Hernando County, Sumter County, Citrus County, Hillsborough County, Polk County, and Pinellas County, including Tampa, Brooksville, New Port Richey, Clearwater, St. Petersburg, Lakeland, Bushnell, Bartow, and Plant City. We will defend you anywhere in the State of Florida.