Why Choose Metcalf for DUI Defense in Tampa?
Brett Metcalf, a lifelong Tampa resident, is dedicated to protecting his community’s members. He started his legal career as a prosecutor in the State Attorney’s Office before founding his own firm in July 2012. Since then, Brett has represented countless clients facing DUI charges, providing skilled and personalized defense.
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 rating on Avvo.com. His results also have been recognized by many legal organizations. The National Trial Lawyers included Brett in the Top 40 Under 40 and the Top 100 Trial Lawyers. Super Lawyers has named Brett a Rising Star two years in a row. In 2018, Brett’s peers voted him the #1 DUI Defense Lawyer in Tampa through a Tampa Magazine survey.
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.
Steps our Tampa DUI Lawyers take 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.
Charged with a DUI in Tampa? Metcalf Falls Gets Results When It Matters
When we receive phone calls and emails about DUI charges, the most common question is, “How can a DUI defense lawyer get me off?” The next question is, “What defenses can I use against a DUI?”
How Can I Get Out of a DUI in Tampa?
Getting out of a DUI requires the prosecutor to drop the charges or the judge to dismiss the case. In either situation, the charges do not move forward.
A DUI lawyer in Tampa can explain the various methods of pursuing a dismissal in your DUI case. Certain defense strategies can lead a judge to dismiss the case. For example, through a motion to dismiss, we may establish prior to trial that there is insufficient evidence to prove you committed the offense 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 example, we may find that the police found evidence against you by violating your constitutional rights. We would file a motion to have this evidence ruled inadmissible. Without this evidence, the prosecutor may not have a strong enough case to rationalize the use of their time and resources in bringing the case to trial.
What is the best defense against a DUI in Tampa, FL?
We may use one or more defenses to establish that the judge or jury cannot find you guilty of a DUI beyond a reasonable doubt. In other words, our criminal defense lawyer in Tampa will use one or several defenses to raise doubt.
If you elect to have a jury trial, then your Tampa drunk driving lawyer will analyze juror demographics, sympathies, and biases. A thorough understanding of the attitudes and beliefs of the potential jurors is essential in determining the best possible defense strategy during a jury trial.
Common DUI Defenses We Use at Metcalf Falls to Protect Our Clients
Was Your Stop Based on Reasonable Suspicion?
Your DUI lawyer in Tampa 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 stop, then any evidence obtained following that stop is inadmissible – including your performance of field sobriety exercises and your refusal to or result of chemical testing.
For a DUI stop to be lawful, an officer must either witness a traffic infraction, like speeding, or must have reasonable suspicion that you are impaired based on your driving pattern. This can be a fact intensive analysis that varies from case to case. Generally, a successful challenge here leads to a dismissal of your DUI case.
Insufficient Evidence You Were Impaired:
To be convicted of a DUI in Tampa, the prosecutor must prove beyond a reasonable doubt that you were under the influence of alcohol or a controlled substance. However, there may be too little evidence that you were impaired. If you did well on field sobriety exercises, the officer’s dash cam will show that.
No matter your BAC, we will argue that the jury should trust their eyes. They know what a drunk person looks like and they likely won’t know anything about how the breath test machine works. When the evidence of the prosecution’s case is in conflict, we will be prepared to ask for a not guilty verdict.
DUI Checkpoint Did Not Comply with Standards:
Many states, like Florida, allow the police to conduct DUI/sobriety checkpoints. However, these roadblocks must meet certain standards to be constitutional. These standards require a law enforcement agency to adopt written guidelines before implementing a checkpoint. These guidelines must detail how the checkpoint will be conducted and which vehicles will be stopped. We will carefully review how the DUI checkpoint was operated to determine if it met or violated the necessary standards.
Not in Physical Control of a Vehicle:
Under Florida law, a DUI charge can apply not only to those actively driving but also to anyone in actual physical control 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 time of the arrest. This can create an interesting dilemma when it comes to DUIs involving driverless cars.
Breath, Blood, or Urine Test Results Were Unreliable
If the prosecutor wishes to use the results of a breath, blood, or urine test in court, then that test must have been administered correctly, using reliable and properly calibrated equipment, and by an individual with the proper qualifications. Our Tampa DUI lawyers will scrutinize how your breath, blood, 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 Results May Be Unreliable:
Since 2007, Florida has relied on the Intoxilyzer 8000 for all breath tests. The Florida Department of Law Enforcement has established its own inspection rules for this older device to ensure results are “accurate.” However, the machine has a notable margin of error, and numerous factors can affect the test outcomes. Knowing the ins and outs of the testing and inspection rules is crucial to establishing that the results of your breath test are unreliable.
DUI Penalties and Possible Jail Time in Tampa, FL
Whether it’s your first DUI or a subsequent offense, it’s important to understand the potential consequences.
First DUI with a BAC Below 0.15%
- Fines of up to $1,000
- Jail time of up to 6 months
- 50 hours of community service
- Probation for up to 1 year
- Driver’s license suspension for 180 days to 1 year
- Completion of Level 1 DUI school
- Vehicle impoundment for 10 days
If your BAC exceeds 0.15% at the time of arrest, penalties can increase significantly. This may include higher fines, longer jail terms, and a mandatory ignition interlock device installed 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 occurs within five years of your first, the court must impose a minimum of 10 days in jail and a five-year license revocation.
For a second DUI with a BAC of 0.15% or higher, penalties increase further, potentially including higher fines and up to 12 months in jail, in addition to the other requirements. A skilled second-offense DUI lawyer can help you understand these enhanced consequences and craft a strong defense.
Multiple DUIs
Being charged with a third DUI within 10 years of previous offenses elevates the charge to a felony. Potential penalties include:
- Fines up to $5,000
- Up to 5 years in prison, with at least 30 days in jail
- 90-day vehicle impoundment
- Driver’s license revocation for 10 years
- Level 3 DUI school
- Ignition interlock device required for 2 years
Felony DUI Charges
A DUI may be charged as a felony if it involves:
- Third DUI within 10 years
- A fourth DUI at any time
- A DUI causing serious bodily injury
- DUI manslaughter
DUI Causing Serious Bodily Injury
If a DUI leads to serious bodily harm, it is considered a third-degree felony. Consequences can include up to 5 years in prison, fines up to $5,000, restitution, driver’s license revocation, vehicle impoundment, ignition interlock requirements, and mandatory 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 a DUI in Florida even if no alcohol is in your system. The law allows DUI charges for being impaired by any chemical or controlled substance, including prescription medications that affect your ability to drive safely.
Underage DUI
Drivers under 21 can face DUI penalties with a BAC of 0.02% or higher, or if impaired by drugs. A BAC between 0.02% and 0.07% can result in a 6-month license suspension, while refusing a chemical test leads to a 1-year suspension. If your BAC reaches 0.08% or higher, penalties align with those for drivers over 21 for first, second, or subsequent offenses.
CDL DUI
Commercial drivers have a stricter BAC limit of 0.04% while operating a commercial vehicle. A DUI conviction or losing an administrative suspension hearing can result in the disqualification of your commercial driver’s license, in addition to standard Florida DUI penalties, putting your career at risk.
Boating Under The Influence (BUI)
Operating a boat under the influence of drugs or alcohol is illegal in Florida, and the BAC limits match those for driving. First-time BUI offenders can face fines up to $1,000 and up to 6 months in jail. Second offenses can bring fines up to $2,000 and up to 9 months in jail, with higher penalties if your BAC exceeds 0.15%. A knowledgeable BUI lawyer can help safeguard your rights and pursue the best possible outcome.
A third BUI offense within 10 years, or a fourth boating DUI, is treated as a felony.
Legal and Personal Consequences of a DUI in Tampa
A DUI conviction in Florida can affect many areas of your life beyond fines and jail time. Some of the additional consequences include:
- Employment Challenges: Losing your driver’s license and having a DUI on your record can limit job opportunities.
- Professional License Restrictions: Certain careers may require a clean record, and a DUI could prevent you from obtaining or renewing professional licenses.
- Immigration Issues: Non-citizens with a DUI may face obstacles to permanent residency, naturalization, or even risk deportation.
- Child Custody and Visitation: A DUI conviction and license suspension can be used against you in custody or visitation disputes.
- Higher Auto Insurance Rates: Insurance premiums typically increase significantly after a DUI.
- Felony DUI Implications: Conviction of a felony DUI carries additional penalties, including the loss of the right to possess firearms.
Exploring the Legal Steps of a DUI Case in Tampa
Although every case is different, here is an overview of the steps you may go through in your DUI case:
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Traffic Stop and Arrest: The process starts with a traffic stop by a police officer who has probable cause to suspect DUI. This could be due to swerving, speeding, or a broken taillight. You may be asked to perform field sobriety tests.
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Booking and Bail: After arrest, you’ll be taken to the station for booking. Fingerprints, photos, and personal information are collected. You might be offered a breath or urine test (implied consent law). You’ll likely be held until sober (BAC below 0.05%) and then released on bail.
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Administrative License Suspension: Independent of the court case, the Department of Highway Safety and Motor Vehicles (DHSMV) may suspend your driver’s license. You have the right to a hearing to contest this.
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Arraignment: At your arraignment, you’ll formally hear the charges against you and enter a plea.
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Pretrial Motions and Negotiations: Your criminal lawyer in Tampa, Florida, may file motions to suppress evidence (if police violated your rights) or challenge the breathalyzer results. Plea negotiations with the prosecutor could result in a lesser charge or sentence reduction.
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Trial: If no plea bargain is reached, you go to trial. The prosecutor presents evidence to prove your guilt, and your defense attorney in Tampa argues your case. A jury decides your guilt or innocence.
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Sentencing: If convicted, the judge determines your sentence based on factors like BAC level, prior offenses, and the severity of the incident.
