Experienced Tampa DUI Attorneys
Helping you avoid a DUI conviction is our top priority. If you’ve been charged with a DUI, let us put our experience to work for you. We have years of experience both representing people accused of DUI, as well as bringing DUI cases as prosecutors. We specialize in finding the holes in the prosecution’s case and using them to your advantage.
Here are some resources that may be helpful for you:
- Our guide to getting a hardship permit after a DUI arrest
- Understanding your DUI case if it involves drugs
- What are the legal consequences of a DUI?
Once we start representing you in your DUI case, we immediately begin looking for challenges we can bring against the charges. Even things that seem small, such as the reason the officer pulled you over to the words the officer used in asking you to do field sobriety exercises, can have a huge impact on your case. We investigate each case ourselves in order to present the best defense possible.
We find the holes in the prosecutor’s case and use them to your advantage.
Our Free No-Obligation Consultation:
If you have been arrested or charged with a DUI, we would welcome the opportunity to provide you with a free, no obligation consultation. You can contact us through our form or or call us at (813) 324-6984.
Defending Against Your DUI Case:
Just because you’ve been arrested for a DUI it doesn’t mean you’re guilty. You have no obligation to prove your innocence, it’s the prosecutor’s job to prove your guilt beyond a reasonable doubt. If the prosecutor can’t do that for all parts of your case, it means the case can’t be proven against you. This is why examining all the evidence in your case is important – it lets us find the holes in the prosecution’s case and use those to your advantage.
Being arrested doesn’t mean you’re guilty.
Florida’s DUI Laws:
For a jury to convict you of driving under the influence, the prosecutor must prove two things beyond a reasonable doubt: that your were driving or in “actual physical control” of a vehicle; and that your normal faculties were impaired. Let’s talk about each issue in more detail:
Driving or Actual Physical Control – Driving is pretty self-explanatory. We all do it and we all know what it is. But the meaning of Actual Physical Control is less obvious. Being in Actual Physical Control of a vehicle means you are in or on the vehicle and have the capability to operate it. Case law dictates that a person in the driver’s seat with the keys in their reach can be in Actual Physical Control.
Impaired by Alcohol or Controlled Substances or Above a .08 – Whether you were impaired by alcohol or a controlled substance is really a matter of interpretation.The State will try to suggest that things like your lack of balance and slurred speech show that you were impaired. But most ordinary people are not gymnasts. Your ability to balance could be much better or much worse than the average person. And all of our speech patterns are different. While there are plenty of explanations for poor performance on Field Sobriety Tests, the worse you perform, the more likely the jury is to think you were impaired. Being above a .08, on the other-hand, is less susceptible to interpretation. If you blew over .08, the State can rely solely on the breath test to satisfy the second element of DUI. Keep in mind though, they must prove beyond a reasonable doubt that you were above .08.
Let Us Put Our Experience to Work for You:
Every DUI case has its own issues and nuances. Some DUI’s can seem straight-forward, only to be much more complicated once we begin our investigation. We take great pride in understanding the nuances of Florida’s DUI laws, and in putting our experience to work for our clients. We will always give you our honest opinion on what we think we can do to help you avoid a DUI conviction. If you’ve been arrested for a DUI please contact us today to discuss your options and how we can put our experience to work for you.