Florida Intoxicated Driving FAQ

Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in Tampa, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired.

In Florida, there are many arrests made daily for intoxicated driving. Those arrested are often people like you and me: law-abiding citizens. At Rodriguez & Williamson, PLLC, our DUI defense lawyer works hard to help you beat a DUI charge or to, at a minimum, get the best possible outcome in your unique situation. Contact us at 813-320-7500 to learn more about how we will help you. In the meantime, here are some of the most commonly asked questions we get from our clients when we first meet them about their intoxicated driving charge.

What is “blood alcohol content” level? Is DUI a Felony?

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.

What are my rights during DUI traffic stops?

If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen. Is DUI a felony? Namely,

The driver and any passengers have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request); and
If you are a passenger, you are free to leave.

If you are arrested or detained, / Is DUI a felony?/ you have additional rights, including Miranda warnings.

You can say you wish to remain silent and ask for a lawyer immediately.
You have the right to make a local phone call.

If you believe your rights were violated in any way, try to write down everything you remember, including the police officer's agency (state police, county police, etc.), badge number, and patrol car number.

Can I refuse a breathalyzer test in Tampa?

You can refuse a breathalyzer test. These are portable instruments police have with them to test your breath for alcohol. The results of these tests are typically not admissible if you are, in fact, arrested and charged with an intoxicated driving offense.

Refusal, however, carries with it significant consequences. Those consequences depend on your jurisdiction, but you can expect any of the following:

Your license may be suspended.
You may be sentenced to jail time.
You may still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations.
You may be fined.

Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case is filed against you.

What are standardized field sobriety tests (FSTs)? Is DUI a felony?

Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not. Is DUI a felony?

There are three standardized FSTs:

the Horizontal Gaze Nystagmus Test (HGN test)
the One-Leg Stand Test (OLS test)
the Walk-and-Turn Test

The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.

Is DUI a felony? Non-standardized FSTs include:

finger to nose test
the finger count test
the hand pat test
the alphabet test
the reverse counting test
the coin pickup test

Can I refuse field sobriety tests in Florida? Is DUI a felony?

The ability to refuse a field sobriety test is allowed in most jurisdictions, although there may be consequences, such as being asked to complete a breathalyzer test or provide a blood sample. A refusal to complete a field sobriety test typically does not carry the same serious repercussions as refusing a breathalyzer test.

After a DUI arrest in Florida, will my driver's license be suspended or revoked? Is DUI a felony?

There are two different types of suspensions. The first is an administrative suspension, and many jurisdictions will suspend your license if you refuse a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance.

The other type of suspension occurs when you are convicted of an intoxicated driving offense. Whether your driver's license will be suspended or revoked depends on your jurisdiction, your BAC level, and whether this is your first offense.

What happens after a drunk driving arrest in Tampa?

If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DUI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties. Is DUI a felony?

Can I still get auto insurance in Tampa after a drunk driving conviction? Is DUI a felony?

Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.

Note, however, that even if you have been convicted of only one drunk driving offense, you may still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by either your jurisdiction or a court order. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law. A fee, which ranges from $300 to $800 on average, is most often charged to file this form.

Can I beat a drunk driving charge in Florida?

It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.

Aside from errors or unreliable test results, an alleged DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.

You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.

Can I just plead guilty to drunk driving?

An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in Tampa, and there are multiple reasons for this.

If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some jurisdictions, you may be able to plead down to a lesser offense.
The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.

If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.

Do I need a drunk driving lawyer in Florida to win my DUI case?

If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DUI offenders do not have that kind of knowledge and skills.

How Much Does a DUI Defense Lawyer Cost?

There are a lot of factors to consider when determining the cost of a defense lawyer, like:

The experience of the lawyer
Whether you take a plea deal
Whether you go to trial
The costs of the experts if you go to trial
More

It also depends on whether the attorney charges by the hour or a flat rate. You can expect to pay anywhere between a $1,000 or upwards to $5,000 or more if the case is appealed. The more experienced lawyers will cost more, but they can save you more in the long wrong in terms of auto insurance and lost wages.

Contact a DUI Defense Attorney in Tampa Today

At Rodriguez & Williamson, PLLC, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact our DUI defense lawyer in Tampa today at 813-320-7500 to schedule a Free and get honest advice on your best legal options.

Intoxicated driving is referred to by several names, including driving while intoxicated, operating a vehicle while impaired, and driving under the influence, all of which are shortened versions of "driving while intoxicated." Alcohol, another chemical substance (like marijuana, for example), or even a combination of the two can lead to intoxication. In order for your actions while driving in Tampa to be considered a criminal offense, your blood alcohol content must be at or above the legal limit, you must have an illegal chemical substance in your system, or your driving abilities must have been impaired in some other way.

Intoxicated driving results in the arrest of a significant number of people every day in Florida. People who obey the law are typically the ones who are taken into custody, people just like you and me. Our DUI defense attorney here at Rodriguez & Williamson, PLLC, works diligently to help you beat a DUI charge or, at the very least, get the best possible outcome in your case by considering all the factors involved. Call us at 813-320-7500 to find out more about how we can be of assistance to you. In the meantime, here are some of the questions our clients ask us the most frequently when we first meet them about their charge of driving under the influence of alcohol or drugs.

What exactly is meant by the term "blood alcohol content" level?

The blood alcohol content, also known as BAC, is a measurement that is used to express the amount of alcohol that is present in the blood as a percentage. Calculated in grams per 210 liters of breath, a BAC of 0.08 indicates that there is alcohol present at a volumetric level equal to 0.08%. Law enforcement can determine how much alcohol a person has consumed and whether or not they are fit to operate a motor vehicle by measuring their blood alcohol concentration (BAC).

During the DUI traffic stop, what rights do I have?

You should remember that as a citizen of the United States, you are entitled to certain rights if you are pulled over for suspicion of drunk driving or pulled over for a traffic stop, and the officer later suspects that you were driving while intoxicated. Namely,

Everyone in the vehicle, including the driver and any passengers, has the constitutionally protected right to remain silent (except being required to produce one's driver's license, registration, and proof of insurance upon request by law enforcement); and;

You are free to leave the premises if you are a passenger.
You are entitled to additional rights, including being read your Miranda rights if you are arrested or detained.
You have the option of stating that you wish to remain silent and immediately requesting the services of an attorney.
You are allowed to make a call to a number in the local area.

If you believe that your rights have been violated, you should try to write down everything you can remember about the situation. This should include the agency that the police officer works for (such as the state police, county police, or other similar agencies), their badge number, and the patrol car number.

In Tampa, am I permitted to refuse to take a breathalyzer test?

You have the option to decline to take a breathalyzer test. These are hand-held devices that law enforcement officers carry with them to determine whether or not alcohol is present in your breath. If you are ultimately arrested and charged with an offense related to driving while intoxicated, the results of these tests are typically not admissible as evidence in court.

However, refusing to comply brings with it several significant repercussions. The legal repercussions of your actions will vary depending on where you live, but you could face any of the following:

Your license may be revoked.
You run the risk of receiving a jail sentence.
You could still be charged with driving under the influence of alcohol based on other factors, such as the results of a field sobriety test, the testimony of witnesses, or the observations of the police officer.
You might have to pay a fine.

If you refuse, the officer may file a warrant to obtain permission to take your blood sample. Blood tests are considered more accurate than breath tests, but they are also more difficult to defend against if legal action is taken against you. Is DUI a felony?

What exactly are these field sobriety tests that are standardized (FSTs)? Is DUI a felony?

Field sobriety tests, also known as standardized field sobriety tests or FSTs, are examinations authorized by the National Highway Traffic Safety Administration (NHTSA). It is believed that these tests will assist law enforcement in determining whether or not a driver has been impaired by alcohol or drugs.

Three FSTs are standardized:

a Test Called the Horizontal Gaze Nystagmus (HGN test)
the Test of Balance on One Leg (OLS test)
referred to as the Walk-and-Turn Test.

If you are accused of driving under the influence of alcohol or drugs, the results of these tests could be used as evidence against you in court. In contrast, non-standardized tests are not validated by the NHTSA and are, therefore, typically excluded from consideration as admissible evidence.

Is DUI a felony? The following are examples of non-standardized FSTs:

The test of the finger to the nose
the count of fingers procedure
the inspection of the hand with the pat
the test is based on the alphabet
the test of the reverse counting
the test of picking up coins.
In Florida, am I permitted to refuse field sobriety tests?

In most jurisdictions, individuals have the legal right to refuse to participate in a field sobriety test; however, consequences may be associated with this refusal, such as being required to complete a breathalyzer test or providing a blood sample. In most cases, the consequences for refusing to take a field sobriety test instead of a breathalyzer test are not as severe as those for refusing to take a breathalyzer test. Is DUI a felony?

If I am arrested for driving under the influence of alcohol in Florida, will my driver's license be suspended or revoked? Is DUI a felony?

There are two distinct varieties of suspensions to choose from. The first type of suspension is known as an administrative suspension, and the majority of states have laws that say your license will be revoked if you either refuse to take a breathalyzer or have a blood alcohol concentration that is above a certain limit. This means you could lose your privilege to drive even if you have not been found guilty of driving while under the influence of a chemical substance or under the influence of alcohol.

The other type of license suspension occurs when you are found guilty of driving under the influence of alcohol or drugs. Your local authority, the amount of alcohol in your blood, and whether or not this is your first offense will all play a role in determining whether or not your driver's license will be revoked or suspended.

What follows an arrest for driving under the influence of alcohol in Tampa?

What happens after an arrest for drunk driving depends on the case's specifics, including the facts and the circumstances. It is essential that you are aware of the two processes that follow a DUI arrest: (1) the administrative hearing, which results in civil penalties such as the suspension of a driver's license; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI defense. A conviction can result in various penalties, including monetary fines, the suspension or revocation of a driver's license, jail time, and the installation of an ignition interlock device (IID).

After receiving a conviction for drunk driving, is it possible for me to purchase auto insurance in Tampa?

After a conviction for drunk driving, whether or not you can obtain or keep auto insurance depends on whether or not it was your first conviction for drunk driving. After a first conviction, likely, you will still be able to obtain insurance, but the premiums will be significantly higher.

Be aware, however, that even if you have only one drunk driving conviction on your record, you may still be required to obtain SR-22 insurance. This is true even if you have only one conviction. A certificate of financial responsibility, known as an SR-22, is necessary if your jurisdiction or a court has mandated its possession. This document is not an insurance policy; rather, it serves as proof that your auto insurance policy provides the minimum liability coverage required by state law. To submit this form, you will most likely be required to pay a fee that, on average, falls somewhere between $300 and $800.

Can I fight a charge of driving under the influence of alcohol in Florida? Is DUI a felony?

A conviction for drunk driving can be overturned, but doing so is typically not a straightforward process. However, it is possible. It will be necessary to have a comprehensive knowledge of the law and the technical nature of the field sobriety tests, breath tests, blood tests, and urine tests. It is essential to understand the latter tests to identify errors, whether technical or human-made, and to illustrate how unreliable the results are.

An alleged DUI offender may have had their constitutional rights violated in addition to the possibility of test results that were inaccurate or unreliable. This takes place more frequently than you might think it does. Any or all of the evidence might be ruled inadmissible if the rules are violated. Without sufficient evidence, the court may decide to dismiss the case or come back with an acquittal verdict.

To defend yourself against a charge of driving while intoxicated, you will need the assistance of a legal professional. These cases can be extremely complex technically in addition to being difficult legally.

Can I just admit that I was driving under the influence of alcohol?

A hearing known as an arraignment is where the defendant can enter a plea of guilty, no contest, or not guilty. You can enter a guilty plea, but the real question is whether or not you should. It would be unwise to enter a guilty plea at this time, especially without the advice of a Tampa attorney specializing in drunk driving cases. There are several different reasons why this is the case.

If you immediately enter a guilty plea, you will forfeit any chance of successfully defending yourself against the DUI charge.
If you immediately enter a guilty plea, you will forfeit any opportunity to negotiate a plea bargain, even if doing so would be advantageous given the specifics of your case. Entering a plea deal would require you to enter a guilty plea; however, entering into the process can result in a more favorable outcome than pleading guilty right away. You might be able to enter a guilty plea to a lesser offense in some jurisdictions.
When a defendant enters a guilty plea during the arraignment, the judge typically hands down a sentence that is more severe than the one that would be imposed as part of a plea bargain or that would be imposed following a conviction. The explanation is straightforward: you still have time to find a compromise and negotiate.

If this is your first time being accused of drunk driving, you might feel tempted to enter a guilty plea immediately to get the case over with as quickly as possible and move on with your life. However, if you do not fight to have the charge dropped or to clear your name, this will be the first time you have been charged with driving under the influence of alcohol. If you already have a previous DUI conviction, you should know that subsequent DUI convictions will almost certainly result in harsher penalties.

Do I need a lawyer in Florida to help me win my case if I was pulled over for drunk driving?

It is in your best interest to retain legal counsel if you intend to contest the allegations that you drove while under alcohol. The law is not always easy to understand. The evidence might be extremely scientific and technical in nature. The testimony of police and state experts can be very damaging. All of these things have the potential to result in a conviction if you do not possess the knowledge and abilities necessary to challenge them successfully. Most people suspected of driving under the influence of alcohol do not possess such knowledge and abilities.

How Much Does a DUI Defense Lawyer Cost? Is DUI a felony?

When calculating the cost of a defense attorney, there are a lot of different factors to take into consideration, such as the following:

The lawyer's previous work experience
Regardless of whether you take a plea deal or not.
Whether you choose to go to trial or not
If you decide to go to trial, the costs associated with the experts
More

It is also important to consider whether the attorney bills hourly or uses a flat rate. If the case is taken to court for an appeal, you should prepare to pay anywhere from $1,000 to $5,000 or even more. The cost of hiring a lawyer with more experience will be higher, but in the long run, you may save more money if you don't have to pay higher premiums for your car insurance or make up for lost wages.

Get in Touch With a DUI Defense Lawyer in Tampa Right Away

Field sobriety tests, blood tests, breath tests, and urine tests have unique technical and scientific components. At Rodriguez & Williamson, PLLC, we know the law and these components. To the benefit of your case, we can also identify and proactively address any constitutional rights violations that may have occurred. Call our DUI defense attorney in Tampa at 813-320-7500 right now to schedule a free consultation and get candid advice on the legal options that are most suitable for your situation.