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Wednesday, 27 June 2018

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Being charged with DUI is a serious matter and can carry severe penalties if you are found guilty. Of course the best course of action is to avoid driving under the influence all together, but should you find yourself facing charges of DUI then you need to hire a Tampa DUI attorney as soon as possible. You are entitled to represent yourself in court, but given that DUI cases are very complex hiring a qualified attorney is advised.

When it comes to defending your case your Tampa DUI attorney will look at the evidence against you and how it has been obtained. Evidence in DUI cases involves complicated medical and scientific tests to compile results which show you were under the influence at the time of arrest. These tests include field sobriety tests conducted by the police officer who stopped you and the blood alcohol test taken to show the levels of alcohol in your blood stream.

The results of these tests can determine whether you are charged or not, but they should be carried out by personnel qualified and trained to do so and in line with procedures laid down under law. It is these areas that your attorney will look at. Proving that either procedures were not adhered to or that the personnel involved were not qualified can lead to evidence being admissible in court or the case being dismissed entirely.

Your attorney will be able to understand and interpret these results and the way in which they were carried out far better than you could which is why it is so often advisable to hire a lawyer in the first place to take on your case. If you have previous convictions for DUI then it is even more important that you seek the services of a Tampa DUI attorney as the penalties for repeat offenses can be harsh.

Aside from building your defense, your attorney will be able to advise and support you throughout the court process, informing you of the processes involved, the law as it relates to your case and the likely penalty you could get. They will also manage your case for you from start to finish, including paperwork, communication with officials and prosecutors and of course representing you in court and at meetings with the DMV.

You can find contact details for suitable DUI attorney’s by asking for recommendations from friends and family, searching online legal directories or approaching your local bar association for a referral. It is a good idea to meet with at least two attorneys before making a decision as you will need to feel comfortable working with the person you hire.

The first consultation with a Tampa DUI attorney is usually free and will give you the opportunity to find out more about them, such as level of experience, qualifications and their fees. Ultimately you should make a decision based on all of these and your own instincts on whether or not you could work with them.
While the array of penalties one suffers from a DUI arrest is overwhelming, the first penalty the accused often suffers, often as quickly as ten days after the initial arrest for DUI, is the loss of the ability to drive due to a suspended license. The DMV will suspend your license within ten days of your DUI arrest if there is evidence that your BAC is over a .08, or if you refuse to submit to a lawful test of your blood, breath, or urine. This guide will detail how a DUI attorney can help you get your hardship license back in both scenarios.

How a DUI Lawyer can help you get your hardship license if your BAC was over a.08

A BAC above a.08 gets you a 6 month suspension the first time, and a 12 month suspension the second time. Your Florida DUI Lawyer can request a formal review of the suspension on your behalf, provided you hire him with within ten days of your arrest. When the DUI lawyer requests that hearing, he can obtain on your behalf a hardship permit that lets you continue to drive pending the outcome of your hearing. This is the first opportunity to get a hardship license, and it will be good for an additional 42 days.

While you continue to drive, the Tampa DUI Attorney will prepare for your administrative hearing. During that time, the DUI lawyer will obtain the police reports, affidavits, breath test inspection and maintenance logs, and all the stuff necessary to prepare for the formal review hearing. If your Florida DUI attorney can successfully argue that the police lacked probable cause for to arrest for DUI, or that the Officer did not substantially comply with the rules regulating the blood, breath, or urine test, then the administrative suspension will be set aside, and your full driving privileges will be restored.

However, if the suspension is sustained, the hardship license will be taken away, and a period of “hard” suspension will begin. A “hard” suspension is a period of time during your regular license suspension when, no matter what your Tampa or Pasco DUI Attorney says or does, no hardship license will be issued. You cannot drive (legally), period.

The length of the hard suspension for a BAC over a.08 is 30 days. At the end of 30 days, you will be eligible for a hardship permit (again), provided you can show proof of enrollment in DUI school. Your Florida DUI attorney will set up a hardship license hearing for you, hopefully on the first day that you are eligible for a hardship permit.

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