If you’re accused of driving while impaired, whether it’s because of drugs or alcohol, you are facing significant penalties. A DUI conviction can change the course of your life. By working with a DUI defense lawyer in Brandon, you can strategize and develop a defense for your unique situation. The attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A. are ready to aggressively pursue the best possible outcome for your case. Our drunk driving lawyers’ goal is to help you avoid the harsh penalties and stigmas connected to a DUI conviction.
Contact us today at (813) 258-4800 or complete our contact form to schedule a free consultation with a DUI lawyer near Brandon.
What Makes Metcalf the Right Choice for DUI Defense in Brandon?
Brett Metcalf grew up in Hillsborough County. He believes in serving his community. After beginning his career as a prosecutor in the State Attorney’s Office, Brett opened his firm in July 2012. Since then, he has defended many clients against their DUI charges.
With years of experience prosecuting and defending against first and subsequent DUI charges, Brett knows how to handle your case efficiently and the best method for pursuing reduced charges, a dismissal, an acquittal, or minimal penalties upon conviction.
Can I Get Out of DUI Charges in Brandon?
To get out of a DUI, the prosecutor must drop the charges, or the judge must dismiss the case. In either situation, the charges do not move forward.
A Metcalf Falls DUI defense lawyer can explain the details of pursuing a dismissal in your DUI case. We can file a motion to dismiss because of a lack of evidence to prove you were driving under the influence beyond a reasonable doubt.
Our attorneys may work to convince the prosecutor to drop the charges, or we can make the prosecutor realize that dropping the charges is the most reasonable action to take. For instance, the police may have violated your rights to get evidence of wrongdoing. We can move to suppress that evidence, leaving the prosecutor empty-handed before the trial.
Common DUI Defenses We Use at Metcalf Falls to Protect Our Clients
When you bring your case to Metcalf Falls, we will use various defenses to fight against your charges, such as:
Was Your Stop Based on Reasonable Suspicion?
We will examine whether an officer had reason to stop you, such as seeing you commit a traffic infraction. If you were subjected to an illegal traffic stop, we will fight to have the evidence suppressed.
Was There Enough Evidence to Prove You Were Impaired?
To be convicted of a DUI, the prosecutor must prove beyond a reasonable doubt that you were operating a vehicle while impaired. If they do not have enough evidence to convince a jury, we will fight to show there is a shadow of a doubt that you are guilty.
Did the DUI Checkpoint Comply with Standards?
Florida police are allowed to conduct sobriety checkpoints, but these roadblocks must meet constitutional standards. If police don’t follow these regulations, we will challenge that they had the authority to arrest you at all.
Were You Actually In Physical Control of a Vehicle?
Florida DUI law states you can be charged if you were driving or in actual physical control of a vehicle. If you were not driving at the time of your arrest, an argument can be made you were not in control of the vehicle.
How Reliable were the Breath, Blood, or Urine Test Results?
DUI suspects often have their breath, blood, or urine tested to support charges of driving while impaired. However, these results can be challenged if the tests weren’t administered correctly, if the equipment wasn’t properly calibrated, or if the tester lacked proper certifications.
Was the Breathalyzer Accurate?
In Florida, all breath tests since 2007 have been conducted on the Intoxilyzer 8000. The Florida Department of Law Enforcement has written its own rules on inspecting this outdated machine to make sure the results are “accurate.” There is a significant margin for error, and many factors can influence the test results. Some tests can be challenged.
Penalties and Jail Time for a DUI Charge in Brandon, FL
Whether you face a first offense DUI or third 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 stop, you face higher fines, longer-term of possible jail time, 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 offense comes within five years of your first, then the judge 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 jail, in addition to the other penalties. A second offense DUI lawyer can help you navigate these enhanced penalties and build a strong defense strategy.
Multiple DUIs
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
Felony DUI Charges
You can face a felony DUI 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 serious 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 as well as restitution, license revocation, ignition interlock device, vehicle impoundment, and DUI school.
DUI Manslaughter Charges
If a DUI accident results in a person’s 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 as well as additional DUI penalties. The judge must also impose a minimum-mandatory 4 year prison sentence if you are convicted.
Drug DUI Charges
You can be charged with and convicted of a DUI without any alcohol in your system. Florida’s DUI law states you can be charged for a DUI if you are under the influence of any chemical substance or controlled substance. A drug DUI can include valid prescription drugs that impair your ability to drive safely.
Underage DUI
If you are under 21 years old, you can face underage DUI consequences if your BAC is at least 0.02% or if you are impaired 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 test, 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.
CDL DUI
Drivers with a commercial driver’s license and in their commercial vehicles have a lower BAC limit of 0.04%. If you are a CDL driver in your truck accused of drunk driving, you face the same penalties for DUIs in Florida. However, if you lose the administrative suspension hearing or are convicted of a DUI, your CDL will be disqualified, jeopardizing your livelihood.
Boating Under The Influence
It is illegal to operate a boat while under the influence of drugs or alcohol in Florida waters. The BAC limit is the same for boating as it is for driving. For a first offense boating under the influence charge, you face fines up to $1,000 and 6 months in jail. For a second offense, 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 jail time. A skilled boating under the influence lawyer can help protect your rights and fight for the best possible outcome in your case.
You also face a felony DUI for a third offense within 10 years or a fourth boating DUI.
Legal and Personal Consequences of a DUI Conviction in Brandon
You need to be aware of the additional consequences you face for pleading or being convicted of a DUI in Florida:
- Employment Problems: Without a driver’s license and a DUI on your record, your employment opportunities will be limited.
- Professional License Difficulties: A DUI conviction may make you ineligible to obtain certain professional licenses. Even if you are eligible, the governing body of the profession may hesitate to grant you a license on ethical grounds.
- Immigration Complications: If you are in the U.S. on a visa, a DUI can make you ineligible for permanent residency or naturalization. It also can lead to deportation proceedings.
- Child Custody Issues: A DUI conviction and the loss of your driver’s license can be used against you by your children’s other parent. Your child custody or visitation could be reduced.
- Auto Insurance Premiums: Your auto insurance premiums will increase—potentially significantly.
- Felony Conviction Consequences: If you are convicted of a felony DUI, you will lose your right to own or possess firearms.
The Legal Process Behind Breath and Blood BAC Testing in Brandon DUI Cases
If you are pulled over for a DUI in Hillsborough County, you are not required to submit to a breathalyzer test. However, this will not stop you from being arrested. If an officer believes they have probable cause to arrest you for a DUI, they will do so whether or not you blow into a breathalyzer.
Once you have been arrested for a DUI, then Florida’s implied consent law applies. Under this law, by driving in Florida, you have already consented to submit to chemical tests or physical tests to determine your BAC.
What Happens If You Refuse a Breath Test in Brandon DUI Arrests?
If you refused to submit to a breath, blood, or urine test to determine your BAC, then under the implied consent law, you face an administrative driver’s license suspension. You will lose your license for one year for a first-time refusal and for 18 months for a second refusal.
A second refusal is also a first-degree misdemeanor, for which you can be convicted, fined, and sentenced to jail.
How a Brandon DUI Lawyer Can Dispute Breath and Blood Test Results
No matter the result of your breath test, your case is not automatically dead in the water. Breath test machines must be properly calibrated and maintained. We often find during investigations of DUI charges that law enforcement agencies have not taken care of their machine. This makes the results unreliable.
Blood tests also can be influenced by various factors. Our DUI defense attorneys will scrutinize when and where your blood sample was taken, who took and secured the blood sample, and who analyzed it for alcohol content. We may find issues that make the results unreliable and inadmissible in court.
Brandon DUI FAQs
Will I go to Jail for My First DUI Offense in Brandon, Florida?
The punishment for your first DUI in Florida depends on the specifics of your case and could include jail time if the offense is severe. There is no mandatory minimum sentence for a first-time DUI in Florida, but you could face license suspension, fines, and probation or community service.
Can I Refuse a Breathalyzer in Brandon, FL?
Under Florida’s implied consent law, anyone who accepts the privilege of driving in Florida consents to requests for breath, blood, or urine tests to determine the alcohol content of their breath or blood. If you are stopped for a DUI and refuse a breath test, you face a license suspension of one year for a first refusal and a suspension of 18 months for subsequent refusals.
Do I Have to Disclose A DUI in Florida?
If you were convicted of a DUI, the offense cannot be expunged or sealed from your record and will appear on criminal background checks, meaning you will have to disclose your conviction to potential employers. However, you may be eligible to have your record sealed if you were arrested or charged with a DUI but weren’t convicted.
Can I Get a DUI for Using Prescription Drugs in Florida?
Prescription drugs can be powerful, and many drivers underestimate how their side effects or possible reactions can affect safe driving. According to the FDA, some common prescription drugs that could impair driving (and possibly result in a DUI charge in Florida) are:
- opioid pain relievers (such as OxyContin, Vicodin, or morphine)
- prescription drugs for anxiety (for example, benzodiazepines)
- sleeping pills (such as Ambien or Halcion)
- some antidepressants and antipsychotics
Schedule a Free Consultation With Our Brandon DUI Lawyers
When facing DUI charges in Brandon, you may be tempted to rely on the help of a public defender. However, we recommend seeking the help of a private attorney who specifically focuses on DUI defense. Public defenders are burdened with ridiculous caseloads and have very little time to focus on your case alone. DUI defense lawyer Brett Metcalf, however, has the time and resources necessary to fight for the best possible outcome in your DUI case.
Contact Metcalf Falls, Criminal Defense Attorneys, P.A. through the online form or by calling (813) 258-4800.
