DUI Defense Lawyer Tampa, FL

Most people acknowledge that driving and driving is dangerous, but every year, thousands of people have a lapse in judgment and are arrested for Driving Under the Influence (DUI) in Florida. The consequences of a DUI charge go beyond jail time and fines. If you’re convicted, you could lose your driver’s license or see your job in jeopardy, especially if you depend on a Commercial Drivers’ License (CDL) for work. Potential employers may also view you differently with a DUI charge on your record.

At Stechschulte Nell, we believe everyone makes mistakes and is entitled to vigorously defend their legal rights. We support your interests and strive for the best possible outcome for a DUI case. Perhaps you were a victim of an unlawful stop, or perhaps the sobriety test wasn’t properly administered, and you were wrongfully charged. We explore every option in your situation and can protect your interests from start to finish. Contact us today for a consultation with a skilled Tampa, FL, DUI defense lawyer.

What Does A Tampa DUI Defense Lawyer Do?

Our DUI/ DWI defense attorneys defend your rights and freedom after a drinking and driving charge. We help you understand the laws that apply in your case and potential penalties if you’re found guilty. We also explore alternative sentencing options that can keep you out of jail and preserve your driving privileges.

As your legal representative, we are committed to providing a vigorous defense. We investigate your traffic stop and review that and any sobriety testing (including breathalyzers and field sobriety tests) that was administered, ensuring that your rights weren’t violated in the process.

We also inform you about what to expect in each stage of the legal process and make recommendations to help you make good decisions in your case.

Florida DUI Laws And Your Arrest

In Florida, someone can receive a DUI conviction if it can be proven beyond a reasonable doubt that they had a blood alcohol concentration (BAC) of 0.08% or higher and that they were in physical control or operating a motor vehicle. In fact, you don’t even have to be driving to get a drunk driving charge! All the arresting officer has to assert is that you were in control of the vehicle. You may have been pulled over, waiting for someone to pick you up, or “sleeping it off.”

Florida also has strict penalties for people convicted of boating under the influence of alcohol, DUI-related manslaughter charges, and operating a commercial vehicle (CDL DUI charges). Our team of talented attorneys can help in any case wherein you were accused of operating a vehicle under the influence of alcohol.

You Only Have 10 Days To Save Your License – We Can Help

After an arrest, the DUI charge is reported to the DHSMV, which issues an administrative suspension of your license. You only have 10 days to contest this suspension by petitioning for a formal review hearing. This is just one of the reasons it’s so important to call Stechschulte Nell as soon as you’ve been charged – we know the deadlines, what to file and when, and the right way to present your petition and preserve your license. We also strive to protect your freedom – call us today to learn more about how a Tampa DUI defense lawyer can help you!

Top Defenses For DUI Charges

Our Tampa, FL DUI defense lawyer knows that a DUI charge can have serious consequences, including fines, license suspension, and even jail time. However, being charged with driving under the influence doesn’t mean a conviction is inevitable. Several defenses may help challenge the evidence against you, and understanding your options is crucial to building a strong case. When you work with us, you are getting a board-certified criminal defense lawyer. Below are some common defenses used to contest DUI charges.

Improper Traffic Stop Or Lack Of Probable Cause

One of the most common defenses against a DUI charge is questioning whether the police officer had probable cause to stop your vehicle in the first place. For a police officer to pull you over, they must have a valid reason, such as a traffic violation or reasonable suspicion of impaired driving. If the stop was made without a legitimate reason, any evidence collected afterward, including breathalyzer results or field sobriety tests, may be inadmissible in court. Challenging the legality of the traffic stop can be a powerful defense strategy.

Inaccurate Breathalyzer Or Field Sobriety Test Results

Our Tampa DUI defense lawyer knows that breathalyzer tests are often relied upon as key evidence in DUI cases, but they are not foolproof. Several factors can lead to inaccurate results, such as improper calibration of the machine, faulty equipment, or issues with the way the test was administered. If the breathalyzer test was not conducted properly, or if there was a mechanical failure, the results may not be reliable. Field sobriety tests are also not always accurate indicators of impairment, especially if they were not performed correctly or if you have a medical condition that could affect your ability to complete them.

Rising Blood Alcohol Concentration

In some cases, an individual’s blood alcohol content (BAC) may have been below the legal limit when they were stopped, but it rose to over the legal limit by the time the test was conducted. This is called the “rising BAC” defense. Alcohol takes time to be absorbed into the bloodstream, and depending on when you were pulled over and when the test was administered, your BAC may have increased after the traffic stop. This defense relies on showing that your BAC was below the legal limit at the time of the stop, making the test results misleading.

Medical Conditions Or Medications Affecting Test Results

Certain medical conditions or medications can influence the outcome of a breathalyzer or field sobriety test. Conditions like acid reflux, diabetes, or other digestive issues can cause alcohol to be present in the mouth, leading to inaccurate breathalyzer readings. Additionally, prescription medications or over-the-counter drugs can impair your ability to perform sobriety tests correctly or influence the results of a breathalyzer. If you have a medical condition or take medication that could affect test results, this can be used as a defense against the DUI charge.

Lack Of Impairment At The Time Of Driving

Another defense may focus on challenging whether you were impaired when you were driving. Even if your BAC was above the legal limit, you can argue that you were not impaired at the time of driving. For instance, you may have had a small amount of alcohol shortly before being stopped but did not actually feel the effects while driving. By presenting evidence that you were in full control of the vehicle and driving safely, you may be able to weaken the prosecution’s case and reduce the charges.

Find Trusted Help Today

Facing a DUI charge is a serious matter, but it’s important to remember that there are various defenses that could help reduce or eliminate the charges against you. At Stechschulte Nell, we understand the stress and uncertainty that come with DUI charges, and we are committed to protecting your rights. Attorney Stechschulte was a prosecutor between 2005 and 2008 before eventually defending those who were accused of crimes. This gives him a unique opportunity to build strong cases for his clients. Contact our DUI defense lawyer in Tampa today for a consultation and let us help you explore the best defense strategy for your case.

Tampa, FL DUI defense attorney

What To Expect During Your First Meeting With A DUI Defense Lawyer

Being arrested for driving under the influence (DUI) is a stressful and intimidating experience. If you’re facing DUI charges, hiring a Tampa, FL DUI defense lawyer is one of the most important steps you can take to protect your rights and build a strong defense. To get the most out of your first meeting, it’s helpful to know what to expect and how to prepare.

A Detailed Review Of Your Case

During your initial consultation, the DUI defense lawyer will take the time to understand the details of your case. They will ask questions about:

  • The circumstances leading up to your arrest.
  • Whether you were pulled over or stopped at a DUI checkpoint.
  • The results of any breathalyzer or field sobriety tests.
  • The interaction you had with the arresting officer.

Be honest and provide as much detail as possible. Even seemingly minor details can play a crucial role in identifying potential defenses.

An Overview Of The Legal Process

Your lawyer will explain how DUI cases typically progress, from arraignment to possible trial. They’ll outline key milestones, such as:

  • The filing of charges.
  • Pre-trial motions.
  • Possible plea deals or alternative sentencing options.

Understanding what lies ahead can help reduce anxiety and give you a clearer picture of what to expect.

Discussion Of Potential Defenses

After reviewing your case, the lawyer will discuss possible defenses. Common strategies might include:

  • Challenging the legality of the traffic stop.
  • Questioning the accuracy of breathalyzer or blood test results.
  • Highlighting procedural errors made by law enforcement.

This is also an opportunity to ask questions about the likelihood of getting charges reduced or dismissed.

Explanation Of Legal Costs

During your first meeting, the lawyer will also explain their fees and billing structure. This may include:

  • Hourly rates or flat fees for their services.
  • Additional costs, such as court fees, expert witness fees, or administrative expenses.

Understanding the financial aspect of your case upfront will help you make informed decisions about hiring representation.

What You Should Bring To The Meeting

To make the most of your consultation, come prepared with relevant documents, such as:

  • The police report or any paperwork you received during your arrest.
  • Results of any breathalyzer or blood tests.
  • A copy of your driving record, if available.
  • Any correspondence from the court or prosecutor’s office.

Having these documents on hand allows the lawyer to provide a more accurate assessment of your case.

What Happens Next

By the end of the meeting, the lawyer will provide an initial evaluation of your case and outline the next steps. If you decide to hire them, they will begin crafting your defense and handling communications with law enforcement and prosecutors.

Conclusion

The first meeting with a Tampa DUI defense lawyer from Stechschulte Nell is a critical step in protecting your rights and ensuring a fair legal process. With open communication and proper preparation, you can lay the groundwork for a strong defense and move forward with confidence. Whether you’re seeking reduced charges, alternative sentencing, or outright dismissal, your lawyer’s expertise will be invaluable in navigating the complexities of DUI law.