Why You Should Choose Our Firm to Defend Your DUI Charge
Brett Metcalf is a Tampa native who believes in serving his community. After beginning his career as a prosecutor in the State Attorney ’ south Office, Brett opened his firm in July 2012. Since then, he has defended many people against DUI charges .
Brett has successfully obtained the best possible results for many of his clients, earning him more than 90 five-star reviews. He has a perfect 10.0 rat on Avvo.com. His results besides have been recognized by many legal organizations. The National Trial Lawyers included Brett in the clear 40 Under 40 and the top 100 test Lawyers. Super Lawyers has named Brett a Rising Star two years in a row. In 2018, Brett ’ south peers voted him the # 1 DUI Defense Lawyer in Tampa through a Tampa Magazine view .
With years of experience prosecute and defending against first and subsequent DUI charges, Brett knows how to handle your casing efficiently and the best method acting for pursuing reduced charges, a dismissal, an acquittal, or minimal penalties upon conviction .
Steps our firm takes during the legal process include :
- Investigating the stop and arrest that led to the DUI charges.
- Validating any breath or blood test used to determine your BAC.
- Analyzing the instructions given for field sobriety tests (FSTs) and the alleged results.
- Submitting legal documents on your behalf.
- Representing you in court.
- Helping you obtain release from jail, including arranging bail.
- Challenging any violations of your constitutional rights.
- Challenging the results of DUI chemical tests.
- Challenging the reliability of FSTs.
- Pursuing a dismissal or acquittal.
- Taking steps to mitigate the consequences of a potential conviction.
DUI Cases We ’ ve Handled
Defending Against DUI Charges in Florida
When we receive earphone calls and emails about DUI charges, the most coarse question is, “ How can a DUI defense lawyer can me off ? ” The following interview is, “ What defenses can I use against a DUI ? ”
How Can I Get Out of a DUI?
Getting out of a DUI requires the prosecutor to drop the charges or the judge to dismiss the case. In either position, the charges do not move forward .
A DWI lawyer can explain the respective methods of pursuing a dismissal in your DUI character. Certain defense strategies can lead a pronounce to dismiss the encase. For example, through a gesticulate to dismiss, we may establish anterior to test that there is insufficient attest to prove you committed the umbrage beyond a reasonable doubt .
We may convince the prosecutor to drop the charges, or we may place the prosecutor in the position where dropping the charges is the reasonable thing to do. For exemplar, we may find the patrol found evidence against you by violating your constitutional rights. We would file a apparent motion to have this attest ruled inadmissible. Without this evidence, the prosecutor may not have a impregnable enough case to rationalize the practice of their time and resources in bringing the case to trial .
What Defenses Can Be Used to Fight a DUI Charge?
We may use one or more defenses to establish that the estimate or jury can not find you guilty of a DUI beyond a reasonable doubt. In other words, we will use one or several defenses to raise doubt .
For every DUI, there may be several possible defenses. The strongest, most effective defense will depend on the specific facts of your case ampere well as the inclinations of the evaluate in consign of your case. not all judges respond to versatile arguments the same way. A exhaustive understand of a evaluate ’ mho thoughts regarding certain arguments and their decisions helps your lawyer build an aggressive DUI refutation strategy .
If you elect to have a jury trial, then your drink driving lawyer will analyze juror demographics, sympathies, and biases. A thorough understand of the attitudes and believes of the potential jurors is essential in determining the best potential refutation scheme during a jury trial .
possible DUI defenses include :
No Reasonable Suspicion to Stop You:
Your DUI lawyer will investigate the facts surrounding when and how an officer stopped you to determine if it was a lawful stop. If the police subjected you to an illegal traffic intercept, then any tell obtained following that stop is inadmissible – including your performance of sphere graveness exercises and your refusal to or resultant role of chemical screen. For a DUI stop consonant to be lawful, an officeholder must either witness a dealings misdemeanor, like accelerate, or must have reasonable intuition that you are impaired based on your driving traffic pattern. This can be a fact intensive analysis that varies from case to encase. Generally, a successful challenge here leads to a judgment of dismissal of your shell .
Insufficient Evidence You Were Impaired:
To be convicted of a DUI, the prosecutor must prove beyond a fair doubt that you were under the influence of alcohol or a control substance. however, there may be besides little tell that you were impaired. If you did good on field sobriety exercises, the military officer ’ mho dash cam will show that. No count your BAC, we will argue that the jury should trust their eyes. They know what a drink person looks like and they probably won ’ thyroxine know anything about how the breath test machine works. When the tell of the prosecution ’ mho case is in battle, we will be prepared to ask for a not guilty verdict .
DUI Checkpoint Did Not Comply with Standards:
many states like Florida allow the patrol to conduct DUI/sobriety checkpoints. however, these roadblocks must meet certain standards to be constitutional. These standards require a law enforcement representation to adopt written guidelines before implementing a checkpoint. These guidelines must detail how the checkpoint will be conducted and which vehicles will be stopped. Which vehicles are stopped should be predetermined and not a topic of police discretion, which could lead to discrimination. We will carefully review how the DUI checkpoint was operated to determine if it met or violated the necessary standards .
Not in Actual Physical Control of a Vehicle:
Florida DUI law states you can be charged if you were driving or in actual forcible restraint of a vehicle. This has led some people who are sleeping off their drinks to be arrested and charged, even though the vehicle was not in motion. If you were not driving the vehicle, a DUI lawyer may argue that you were not in actual physical control of the vehicle at the clock time of the catch.
Test Results Were Unreliable:
If the prosecutor wishes to use the results of a hint, rake, or urine test in court, then that test must have been administered correctly, using dependable and properly calibrated equipment, and by an individual with the proper qualifications. We will scrutinize how your breath, rake, or urine sample was tested to determine if the results are reliable or whether some flaw makes the results unreliable and inappropriate for admission in court .
Breathalyzer Was Inaccurate:
In Florida, all breath tests since 2007 have conducted on the Intoxilyzer 8000. The Florida Department of Law Enforcement has written its own rules on inspecting this outdated machine to make certain the results are “ accurate. ” There is a meaning allowance for mistake, and many factors can influence the test results. Knowing the ins-and-outs of the examination and inspection rules is crucial to establishing that the results of your breath test are unreliable .
Penalties for a DUI Conviction
Whether you face a first or third base DUI, you must be aware of the consequences .
First DUI with a BAC Under 0.15%
- A fine up to $1,000.00
- Up to 6 months in jail
- 50 hours of community service
- Up to 1 year of probation
- Driver’s license revocation between 180 days and one year
- Level 1 DUI school
- 10-day vehicle impoundment
If your BAC is above 0.15 % at the time of the DUI barricade, you face higher fines, longer-term of possible imprison fourth dimension, and the requirement to install and use an ignition interlock device on your vehicle for at least 6 months .
Second DUI With a BAC Under 0.15%
- Fine up to $2,000.00
- Up to 9 months in jail
- Up to 1 year of probation
- Driver’s license revocation between 180 days and one year
- Level 2 DUI school
- 30-day vehicle impoundment
- 6 months of an ignition interlock device on your vehicle
If your second DUI comes within five years of your first, then the pronounce must impose at least 10 days of jail time and a five-year license revocation .
If at the time of your second DUI, you had a BAC of 0.15 % or higher, you face higher fines and up to 12 months in imprison, in summation to the other penalties .
If you are charged with a third DUI within 10 years of your previous two DUIs, then you will be charged with a felony. The penalties include :
- Fines up to $5,000
- Up to 5 years in prison with a minimum of 30 days in jail
- 90-day vehicle impoundment
- 10-year license revocation
- Level 3 DUI school
- Ignition interlock device for 2 years
You can face a felony charge if you are accused of a :
- Third DUI within 10 years
- Fourth DUI within any time
- DUI involving serious bodily injury
- DUI manslaughter
DUI with Serious Bodily Injury
If you are arrested after causing a DUI accident that results in good bodily injury, you will be charged with a third-degree felony. You face up to 5 years in prison and fines up to $ 5,000 angstrom well as restitution, license revocation, ignition mesh device, vehicle impoundment, and DUI school .
If a DUI accident results in a person ’ randomness death or the loss of a pregnancy, you will be charged with a second-degree felony. This is punishable by up to 15 years in prison and fines up to $ 10,000 ampere well as extra DUI penalties. The judge must besides impose a minimum-mandatory 4 year prison sentence if you are convicted .
You can be charged with and convicted of a DUI without any alcohol in your system. Florida ’ s DUI jurisprudence states you can be charged for a DUI if you are under the determine of any chemical substance or controlled meaning. A drug DUI can include valid prescription drugs that impair your ability to drive safely .
If you are under 21 years old, you can face DUI consequences if your BAC is at least 0.02 % or if you are impair due to drugs. If your BAC is between 0.02 % and 0.07 %, you face a 6-month license suspension. however, if you refused to submit to a chemical screen, your license will be suspended for 1 year .
If your BAC was 0.08 % or above, you face the same penalties as a driver over the age of 21 years for a first, second, or subsequent DUI.
Drivers with a commercial driver ’ south license and who are in their commercial vehicles have a lower BAC limit of 0.04 %. If you are a CDL driver in your hand truck, you face the like penalties for DUIs in Florida. however, if you lose the administrative pause listen or are convicted of a DUI, your CDL will be disqualified – jeopardizing your support .
DUI on a Boat
It is illegal to operate a boat while under the charm of drugs or alcohol in Florida waters. The BAC limit is the lapp for boating as it is for driving. For a first umbrage, you face fines up to $ 1,000 and 6 months in jail. For a moment umbrage, you face fines up to $ 2,000 and jail for up to 9 months. If your BAC was above 0.15 %, you would face higher fines and longer imprison fourth dimension .
You besides face a felony DUI a third base offense within 10 years or a one-fourth boating DUI .