My name is J. Armando Edmiston. One of the most frequent questions my law firm gets is, “What is a ‘DUI’ and what happens when you get arrested for a DUI in Tampa Florida?” DUI stands for Driving Under the Influence, not drunk driving as commonly misconceived. The misconception that a DUI only happens to people who are “drunk” causes a lot of both money and grief. Driving “under the influence” actually means being impaired while under the consumption of alcohol.
For the state attorney to convict a person for ‘DUI’, they have to prove the following two elements beyond a reasonable doubt:
1) The person stopped was driving or in actual physical control of a motor vehicle AND
2) That while driving or in actual physical control of a motor vehicle, the person was under the influence of alcohol, a chemical substance or a controlled substance to the extent that his or her normal faculties were impaired OR the person had a breath or blood alcohol content greater than .08 grams or alcohol per 100 milliliters of blood or 210 liters of breath.
Knowing the elements of the crime is advantageous because police officers are collecting evidence to convict you for a DUI based on the elements. Therefore, if you are stopped by the police and asked to get out of your vehicle and you have an odor of an alcoholic beverage on your breath; it is because the officer suspects you are driving under the influence. The officer will then ask you to participate in field sobriety exercises.
Before participating in field sobriety exercises you should be aware that the police can not compel you to participate. If you perform the field sobriety exercises, or refuse, you will be arrested for DUI. A DUI lawyer will examine whether or not the officer had reasonable suspicion to have you exit the vehicle, why he stopped you in the first place, and whether the officer followed the required protocol for the field sobriety exercises. If you participated in the field sobriety test, a DUI lawyer, like me, will help you build a defense that you were not impaired.
After getting arrested for a DUI in Tampa, Florida, or any other part of Hillsborough County, you will be transported to Orient Road Jail for processing and asked to submit to a breath alcohol test on an Intoxilyzer 8000. If you provide a breath sample and it is over a .08 you will be charged with a DUI and you will be issued a notice of suspension of your driver’s license. If you provide a breath sample and it is below a .08, then the officer will ask that you submit to a urine test. You have the right to refuse any of these tests but be aware that the penalties for a refusal will be a license suspension of one year.
A DUI lawyer, like myself, will ask for a formal review to fight for your license reinstatement and examine the breath machine used during your arrest. The examination will help determine whether it was whether the breath machine used was in compliance with FDLE (Florida Department of Law Enforcement) standards at the time you provided a breath sample. If you refused to provide a breath sample then your attorney, or Armando Edmiston, would still file for a formal review with the DMV (Department of Motor Vehicles) and hold the DMV to their burden of proof at the formal review and fight to have your licensed return to you.
Lastly, the criminal charges association getting a DUI in Tampa Florida is a lot like any other part of the state because the minimum penalties are statutory. If you receive your first DUI offense and your BAL (Blood Alcohol Level) was below a .15, the minimum statutory penalties are: Probation, a 6 month license suspension, attend Victim Impact Panel Class, Attend DUI School, $500-$1000 dollar fine, 50 hours of community service, Level 1 DUI School and a 10 day vehicle impoundment. The minimum punishment increases if you blew above a .15 BAL or if you have had other DUI convictions.
As a DUI lawyer, I, Armando Edmiston, can fight for you from beginning to end and try to get your case resolved in a favorable outcome through aggressive motion practice, presentation of evidence and trial if need be. Please call me now at 813-482-0355 and J Armando Edmiston of DUITampa911.com can help answer your DUI questions.
J Armando Edmiston, Fighting For You
My name is J. Armando Edmiston of DuiTampa911.com. One of the most frequent questions my law firm gets is, “What is a ‘DUI’ and what happens when you get arrested for a DUI in Tampa Florida?” DUI stands for Driving Under the Influence, not drunk driving as commonly misconceived. The misconception that a DUI only happens to people who are “drunk” causes a lot of both money and grief. Driving “under the influence” actually means being impaired while under the consumption of alcohol. For the state attorney to convict a person for ‘DUI’, they have to prove the following two elements beyond a reasonable doubt:
- The person stopped was driving or in actual physical control of a motor vehicle AND
- That while driving or in actual physical control of a motor vehicle, the person was under the influence of alcohol, a chemical substance or a controlled substance to the extent that his or her normal faculties were impairedOR
- the person had a breath or blood alcohol content greater than .08 grams or alcohol per 100 milliliters of blood or 210 liters of breath.
Knowing the elements of the crime is advantageous because police officers are collecting evidence to convict you for a DUI based on the elements. Therefore, if you are stopped by the police and asked to get out of your vehicle and you have an odor of an alcoholic beverage on your breath; it is because the officer suspects you are driving under the influence. The officer will then ask you to participate in field sobriety exercises.
Before participating in field sobriety exercises you should be aware that the police can not compel you to participate. If you perform the field sobriety exercises, or refuse, you will be arrested for DUI. A DUI lawyer will examine whether or not the officer had reasonable suspicion to have you exit the vehicle, why he stopped you in the first place, and whether the officer followed the required protocol for the field sobriety exercises. If you participated in the field sobriety test, a DUI lawyer, like myself, will help you build a defense that you were not impaired.
After getting arrested for a DUI in Tampa, Florida, or any other part of Hillsborough County, you will be transported to Orient Road Jail for processing and asked to submit to a breath alcohol test on an Intoxilyzer 8000. If you provide a breath sample and it is over a .08 you will be charged with a DUI and you will be issued a notice of suspension of your driver’s license. If you provide a breath sample and it is below a .08, then the officer will ask that you submit to a urine test. You have the right to refuse any of these tests but be aware that the penalties for a refusal will be a license suspension of one year.
A DUI lawyer, like myself, will ask for a formal review to fight for your license reinstatement and examine the breath machine used during your arrest. The examination will help determine whether it was whether the breath machine used was in compliance with FDLE (Florida Department of Law Enforcement) standards at the time you provided a breath sample. If you refused to provide a breath sample then your attorney, or Armando Edmiston, would still file for a formal review with the DMV (Department of Motor Vehicles) and hold the DMV to their burden of proof at the formal review and fight to have your licensed return to you.
Lastly, the criminal charges association getting a DUI in Tampa Florida is a lot like any other part of the state because the minimum penalties are statutory. If you receive your first DUI offense and your BAL (Blood Alcohol Level) was below a .15, the minimum statutory penalties are: Probation, a 6 month license suspension, attend Victim Impact Panel Class, Attend DUI School, $500-$1000 dollar fine, 50 hours of community service, Level 1 DUI School and a 10 day vehicle impoundment. The minimum punishment increases if you blew above a .15 BAL or if you have had other DUI convictions.
As a DUI lawyer, I, Armando Edmiston, can fight for you from beginning to end and try to get your case resolved in a favorable outcome through aggressive motion practice, presentation of evidence and trial if need be. Please call me now at 813-482-0355 and J Armando Edmiston of DUITampa911.com can help answer your DUI questions.
J Armando Edmiston, Fighting For You
