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.
Wednesday, 27 June 2018
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