Get Help from a First-Time DUI Lawyer Near You
No one intends to drink too much or have a misunderstanding with the police. But it happens.
The police pull people over for a suspected DUI because it’s their job to keep people safe, but they don’t always have the full picture.
When it’s your first DUI, you feel stunned. Maybe even a little angry because you feel sober. What do you do now? Well – call Metcalf Falls, Criminal Defense Attorneys, P.A.
There are ways to fight first-time DUI charges, whether your first offense is based on drugs or alcohol. It helps if you don’t have any previous DUIs on your record.
As an experienced Tampa DUI attorney, Brett Metcalf scrutinizes the facts and determines the most effective strategy to keep your license valid and your record intact.
To schedule a free consultation, contact Metcalf Falls, Criminal Defense Attorneys, P.A. at (813) 258-4800 or use the 24/7 online form.
First Offense DUI Guide
- Why Hire Our First Offense DUI Attorneys?
- Defending Against a First Offense DUI in Florida
- When Can You Be Charged with Your First DUI?
- Implied Consent in First DUI Offenses
- Fighting a DUI License Suspension
- Penalties and Jail Time for a First Offense DUI Charge in Florida
- Tampa DUI Stats
- Choosing A Lawyer for Your First-Time DUI In Tampa
- FAQ
Why Hire Our First Offense DUI Attorneys?
Brett Metcalf is a successful criminal defense attorney in Tampa, FL. He started his career as a prosecutor, handling over 5,000 cases in the State Attorney’s Office.
Since Brett founded his private defense firm in July 2012, he has used his knowledge and experience under Florida DUI law to defend his clients aggressively. He routinely obtains dismissals and acquittals.
Brett’s success for his clients has led to recognition within the legal community. In 2018 and 2020, his peers selected him as a Top Lawyer in Tampa for DUI Defense.
SuperLawyers named him a Rising Star in 2018, 2019 and 2020. He’s also received over 90 five-star client reviews and a perfect 10 rating on Avvo.com.
Defending Against a First Offense DUI in Florida
There are many defenses against your first DUI. No case is hopeless. The best defense depends on your circumstances, but having a lawyer for first-time DUIs review your case, and the prosecutor’s evidence is best.
An experienced attorney gives you a candid assessment of whether you can avoid charges, get the case dismissed, or win at trial.
Potential defenses to your first DUI offense include:
- The police lacked probable cause to conduct a traffic stop.
- The police performed an unlawful search and seizure.
- The police department’s sobriety/DUI checkpoint did not comply with legal standards.
- You were not driving or in physical control of a vehicle.
- The chemical test results are inaccurate.
- The field sobriety test results are unreliable.
- You suffered an adverse and unforeseeable reaction to a medication.
- The prosecutor has insufficient evidence that you were impaired.
When Can You Be Charged with Your First DUI?
You could be charged under Florida Statute 316.193 if you were driving or in actual physical control of a vehicle while under the influence of alcohol, any chemical substance under 877.111, or any controlled substance under Chapter 893 impairs your abilities.
For alcohol-related DUI, the legal blood alcohol content limit is 0.08. If your BAC is at or above 0.08, you’ll be charged, but you can also be charged with a lower BAC level if there’s other evidence of your impairment.
A prosecutor will charge you with DUI if you test positive for drugs. Under Florida Statute 877.111, you’re prohibited from inhaling, ingesting, possessing, selling, buying, or transferring any chemical substances that can intoxicate or disturb your sensory or mental processes.
This includes many things, such as over-the-counter medications or products you can buy at the store.
Implied Consent in First DUI Offenses
The implied consent law is in Florida Statute 316.1932. It states that when you drive in Florida, state law says you have already agreed to submit to an approved chemical or physical test to determine whether there’s alcohol in your system when police arrest you for a DUI.
When police pull you over under suspicion of drunk driving for the first time, they ask you some questions. They are listening to your answers and observing your behavior.
If there are initial signs that you’re intoxicated, the officer might ask you to blow into a roadside breath device or step out of the vehicle and perform one or more physical tasks, known as field sobriety tests.
The officer is responsible for warning you about the implied consent law and that the court will suspend your driver’s license if you refuse to submit to a lawful breath test.
For a first refusal, you face a one-year administrative license suspension. Refusing can also lead to harsher criminal penalties.
Breath and blood tests differ. Refusing a breath test can result in civil and criminal penalties while refusing a warrantless blood test can only result in civil consequences.
Fighting a DUI License Suspension
The suspension of an administrative driver’s license after refusing a chemical test is an entirely separate and distinct legal battle. It is a civil penalty that you must fight outside the criminal process.
Call an attorney right away because you only have 10 days from your DUI arrest to ask for an administrative hearing. After the 10 days pass without requesting a hearing, your license suspension is effective, and you aren’t allowed to drive.
The only option is to talk with a lawyer about asking for a hardship license in a few months.
To fight a civil license suspension after refusing a DUI test, call Metcalf Falls, Criminal Defense Attorneys, P.A. as soon as possible.
Penalties and Jail Time for a First Offense DUI Charge in Florida
The big question is whether you face jail time for a first-offense DUI. Possibly, yes.
First DUI with a BAC Under 0.15%:
- Fines up to $1,000
- Up to 6 months in jail
- 50 hours of community service
- Up to 1 year of probation
- Driver’s license revocation between 6 and 12 months
- Level 1 DUI School
- 10 days of vehicle impoundment
First Offense DUI With BAC above 0.15%:
You face harsher penalties, making hiring an attorney for your first DUI even more important. If you have a high BAC, you’re more likely to spend time in jail and receive fines up to $2,000.
Additionally, once you get your license back, you might have to pay for and use an ignition interlock device.
Tampa DUI Stats
The Tampa Bay area, encompassing Hillsborough, Pasco, and Pinellas counties, grapples with a significant driving under the influence (DUI) problem.
Look at the latest available data to understand the scope of this issue:
DUI apprehensions
In the most recent reporting year, law enforcement agencies made substantial efforts to curb impaired driving:
- Hillsborough County: 2,808 DUI arrests
- Pinellas County: 2,027 DUI arrests
- Pasco County: 661 DUI arrests
These figures, compiled annually by the Florida Department of Law Enforcement (FDLE), highlight the prevalence of this dangerous behavior in the region.
Impaired Driving Collisions Hillsborough County bears a heavy toll from alcohol and drug-impaired driving. Approximately 500 alcohol-related crashes occur annually, with nearly 300 injuries and between 20-30 fatalities.
Drug-impaired driving causes 20 to 25 deaths and numerous injuries each year right here in the Tampa area.
Targeted enforcement initiatives
Tampa has earned a reputation as a DUI enforcement hub within Florida, thanks to proactive measures by local law enforcement.
The Tampa Police Department (TPD) maintains a specialized “DUI Squad”
This dedicated unit focuses solely on identifying and apprehending impaired drivers. Other agencies in the area have implemented similar targeted enforcement strategies.
At-risk demographics
Certain groups are disproportionately represented in DUI statistics. Young adults (ages 21 to 34) are involved in a higher percentage of alcohol-related crashes. Male drivers are statistically more likely to operate vehicles while under the influence.
These statistics paint a complex picture of impaired driving in Tampa. While law enforcement efforts have intensified, the persistent number of arrests and crashes suggests deeper societal factors at play.
The concentration of incidents among specific age groups and genders raises questions about targeted prevention strategies and cultural attitudes toward impaired driving in the area.
Addressing this issue as Tampa grows and evolves will likely require a multifaceted approach beyond traditional enforcement methods.
Choosing A Lawyer for Your First-Time DUI In Tampa
Brett Metcalf, Tampa First Offense DUI Defense Attorney
Facing DUI charges in Florida for the first time is scary. But you don’t have to deal with the court or administrative license process alone. Working with Metcalf Falls, Criminal Defense Attorneys, P.A., helps you find a way to beat the charges and easily move on with your life.
Contact our Tampa criminal defense lawyers 24/7 at (813) 258-4800 to request a free consultation. It could be the difference between keeping your license, getting a dismissal, reducing the charges, or clearing your name.
FAQ:
Q1: What should I do if I’m arrested for a first-time DUI in Tampa?
A: The first step is to contact an experienced DUI attorney, such as Brett Metcalf at Metcalf Falls, Criminal Defense Attorneys, P.A. You have only 10 days from your arrest to request an administrative hearing to fight your license suspension, so it’s crucial to act quickly.
Q2: What are the penalties for a first-time DUI in Florida?
A: For a first DUI with a BAC under 0.15%, penalties can include:
- Fines up to $1,000
- Up to 6 months in jail
- 50 hours of community service
- Up to 1 year of probation
- Driver’s license revocation between 6 and 12 months
- Mandatory DUI school
- 10 days of vehicle impoundment
Penalties are harsher for BAC levels above 0.15%.
Q3: Can I refuse a Breathalyzer test in Florida?
A: While you can refuse, Florida has an implied consent law. Refusing a breath test can result in an automatic one-year administrative license suspension for a first refusal. It may also lead to harsher criminal penalties.
Q4: What defenses are available for a first-time DUI charge?
A: Possible defenses include:
- Lack of probable cause for the traffic stop
- Unlawful search and seizure
- Non-compliant DUI checkpoint
- Inaccurate chemical test results
- Unreliable field sobriety test results
- Insufficient evidence of impairment
Q5: How prevalent are DUI arrests in the Tampa area?
A: DUI arrests are significant in the Tampa Bay area. Recent data shows:
- Hillsborough County: 2,808 DUI arrests
- Pinellas County: 2,027 DUI arrests
- Pasco County: 661 DUI arrests
Q6: Can I get my license back after a DUI arrest?
A: You have 10 days from your arrest to request an administrative hearing to fight your license suspension. If you miss this window, you may be able to apply for a hardship license after a certain period.
Q7: Are there any specific DUI enforcement initiatives in Tampa?
A: Yes, Tampa is known for aggressive DUI enforcement. The Tampa Police Department has a specialized DUI Squad dedicated to identifying and apprehending impaired drivers.
Q8: Who is most at risk for DUI charges in Tampa?
A: Statistics show that young adults (ages 21-34) and male drivers are overrepresented in DUI incidents in the Tampa area.
Q9: Can I be charged with DUI for using prescription medications?
A: Yes, you can be charged with DUI for being under the influence of any substance that impairs your abilities, including prescription medications.
Q10: How can an attorney help with a first-time DUI charge?
A: An experienced DUI attorney can:
- Review your case and the prosecutor’s evidence
- Identify potential defenses
- Fight to keep your license valid
- Work to get charges reduced or dismissed
- Represent you in both criminal proceedings and administrative hearings
