First Time DUI Lawyer Tampa, FL
Florida laws for driving under the influence (DUI) charges are quite strict, even if it is your first offense. We all know that drinking and driving is risky, but even so, many people may unwittingly get behind the wheel with a blood alcohol concentration above the legal limit. Many first-time DUI offenders may not realize just how low the threshold is for being over the legal limit or may have had a momentary lapse in judgment.
We want to help you! A Tampa, FL, first-time DUI lawyer can help protect your driver’s license, keep you out of jail, and mitigate the penalties and fines associated with a DUI conviction. Even if you are a commercial driver’s license holder, the legal team from Stechschulte Nell can help achieve a better outcome for your case than you could alone. We work hard to protect your rights and mount a vigorous defense for you. Call today for a case review!
How A Tampa First-Time DUI Lawyer Can Help You
Our attorneys get to work the second you contact us. We may petition to have you released from jail on bail and start the process to protect your driver’s license. The day you’re arrested for DUI, the police issue a Notice of Suspension to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), which lasts for 10 days; after the end of 10 days, your license will be suspended for at least 6 months, unless you contest the charges before then. We file the petition to contest the suspension right away so you can go to work or school and take care of your family.
In this hearing, we present evidence to the administrative judge and argue to avoid a suspension of your driver’s license.
Then, we turn our attention to the criminal charge. Y(ou may qualify for the Reducing Impaired Driving Recidivism (RIDR) program. Successful completion of the RIDR could mean that your DUI charge is reduced to reckless driving, which carries lesser penalties and may not affect your employment possibilities or CDL status.
Penalties For A First-Offense DUI In Florida
Florida considers driving under the influence of alcohol to be operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. As a frame of reference, this is about one to three drinks for the average adult. If you’re found guilty, you may see a jail sentence of six months and a fine of up to $1,000. In addition, your driver’s license will be suspended. You may also have limited diving privileges after the suspension lifts or be required to complete community service hours.
An attorney can fight the charge, starting with reviewing the initial DUI stop and any sobriety tests administered. If you were a victim of an unlawful stop or improperly administered breathalyzer or field sobriety test, we may be able to get your charges reduced or dropped. We also gather evidence to use on your behalf and use fine points of Florida criminal defense laws to present a strong case to a judge.
Advocating For Your Rights After A DUI Arrest
Have you been arrested for a DUI in Florida? If it’s your first DUI charge, the attorneys at Stechschulte Nell can help mitigate the penalty you face, preserve your driving privileges, and keep you out of jail. Contact us today for a consultation with a skilled Tampa first-time DUI lawyer.
Common Mistakes To Avoid After A First DUI Arrest
As a Tampa, FL first time DUI lawyer can confirm, being arrested for a first DUI is a stressful and overwhelming experience. While it’s natural to feel anxious, your actions in the aftermath can significantly impact the outcome of your case. Avoiding certain mistakes can protect your rights and strengthen your defense. Here are the most common missteps and how to prevent them.
1. Not Hiring A DUI Lawyer
One of the biggest mistakes is failing to hire a qualified DUI defense lawyer. Many first-time offenders underestimate the seriousness of a DUI charge and attempt to handle their case without legal representation. A skilled DUI attorney can evaluate the evidence, identify weaknesses in the prosecution’s case, and negotiate for reduced charges or alternative sentencing options.
2. Ignoring Court Dates And Deadlines
Missing a court date or filing deadline can lead to severe consequences, including additional charges or an automatic guilty plea. After your arrest, you will receive important notices from the court, such as your arraignment date and instructions for contesting a license suspension. Failing to respond promptly or attend required hearings can weaken your case and result in penalties.
3. Making Statements Without Legal Counsel
Anything you say to law enforcement or prosecutors can be used against you in court. After your arrest, you may feel the urge to explain your actions or defend yourself, but doing so without legal counsel can backfire. It’s best to remain polite but firm, and exercise your right to remain silent until you’ve consulted a lawyer.
4. Not Contesting Field Sobriety Or Breathalyzer Test Results
Many people assume that breathalyzer or field sobriety test results are foolproof, but these tests are not always accurate. A skilled lawyer can challenge their validity by examining calibration records, procedural errors, or medical conditions that could have affected the results. Failing to question this evidence could result in an unjust conviction.
5. Driving On A Suspended License
If your license is suspended due to your DUI arrest, driving anyway can lead to additional charges and harsher penalties. Instead, explore options such as applying for a restricted or hardship license, which allows you to drive under certain conditions, like commuting to work or attending court-ordered programs.
6. Assuming A DUI Conviction Is Inevitable
A first DUI arrest does not automatically mean you will be convicted. With the right legal defense, it is possible to have charges reduced or dismissed. Don’t resign yourself to a guilty plea without first exploring all possible defenses.
7. Posting About The Arrest On Social Media
Sharing details about your arrest on social media can harm your case. Prosecutors may use your posts as evidence against you, especially if they contradict your defense. It’s best to avoid discussing the incident online altogether.
Conclusion
A first DUI arrest is a serious matter, but avoiding these common mistakes can improve your chances of a favorable outcome. The most important step is hiring a Tampa DUI lawyer from Stechschulte Nell who can guide you through the legal process and advocate for your best interests. By staying informed and proactive, you can minimize the impact of a DUI on your future.
5 Possible Defense Strategies To Explore
Facing a DUI charge can feel like the end of the world for first-time offenders, but there are potential defense strategies that could help reduce or even completely dismiss your charges. At Stechschulte Nell, we believe every case deserves a detailed evaluation to determine the best course of action. Below, we outline five possible defenses that we’ll explore as your Tampa defense attorneys:
Questioning The Legality Of The Traffic Stop
Law enforcement must have a valid reason to pull you over, such as observing a traffic violation or erratic driving. If there was no legal justification for the stop, any evidence collected during the encounter may be inadmissible in court. Our Tampa first time DUI lawyer can review evidence from traffic cam recordings to determine if this approach applies.
Challenging The Accuracy Of The Breath Test
Breathalyzer machines must be properly maintained and calibrated to produce reliable results. The officer administering the test must also follow strict procedures. If our Florida defense team finds evidence of equipment malfunction, improper calibration, or human error, the validity of the breath test results can be called into question. This could significantly weaken the prosecution’s case and ultimately minimize the impacts of the charges against you.
Addressing Issues With Field Sobriety Tests
Field sobriety tests, such as walking in a straight line or standing on one leg, are subjective and often influenced by external factors. Poor lighting, uneven road surfaces, or medical conditions can affect performance and lead to false conclusions about impairment. By calling attention to these factors, we can argue that the results of these tests are unreliable.
Arguing Against Improper Police Procedures
Law enforcement officers must follow specific protocols during a DUI arrest, including reading you your Miranda rights and conducting tests lawfully. Any procedural errors, such as failing to properly document evidence or violating your rights, can provide grounds for challenging the case. Our Tampa first time DUI lawyer will carefully examine the details of your arrest to identify any missteps.
Presenting Alternative Explanations For Behavior
Certain medical conditions, medications, or even fatigue can mimic the signs of impairment, such as slurred speech or unsteady movement. If these factors played a role in your case, they could be used as part of your defense. Providing credible evidence to explain your behavior may help cast doubt on the prosecution’s claims.
Start Building Your Defense Today
A DUI charge doesn’t have to derail your life or define your future. With the right defense strategy, you may be able to minimize the impact of the charges or have them dismissed entirely. If you believe any of the above apply to your case, don’t hesitate to contact our Florida defense firm. At Stechschulte Nell, we’re committed to helping clients fight DUI charges with precision and determination. Put our experience and personal approach to defense in your corner. Contact us today to schedule a free consultation with our Tampa first time DUI lawyer and learn how we can assist you in protecting your rights and your future.
Tampa First Time DUI FAQs
Will I Go To Jail For A First Time DUI In Tampa?
Yes, but whether you actually serve jail time depends on your case. A first-time DUI in Tampa carries penalties that can include up to six months in jail, but many first offenders receive probation instead. The severity of the consequences depends on factors like your blood alcohol concentration (BAC), whether there was property damage, or if anyone was injured. If your BAC was above 0.15% or you had a minor in the car, the penalties could be more severe.
How Much Does A DUI Lawyer Cost In Tampa?
It depends on the specific details of your case. First-time DUI lawyer fees in Tampa generally range from $1,500 to $5,000 or more. The cost varies based on several factors, including the lawyer’s experience, the need for trial preparation, and whether your case involves additional complications like an accident or high BAC.
While hiring a Tampa first time DUI lawyer may seem expensive, it is an investment in your future. A lawyer can help minimize penalties, negotiate a reduced charge, and potentially prevent a conviction from appearing on your record. Without legal representation, you may face steeper fines, longer license suspensions, and other severe consequences that could impact your personal and professional life.
Will A First DUI Ruin My Record In Tampa?
Not necessarily, but it can have long-term consequences. In Florida, a DUI conviction stays on your criminal record permanently, meaning it cannot be expunged or sealed. This can impact employment opportunities, professional licensing, and even your ability to rent an apartment. Additionally, a DUI can lead to significantly higher car insurance rates.
Can I Get My License Back After A First DUI In Tampa?
Yes, but restrictions apply. A first-time DUI conviction in Florida typically results in a license suspension of six months to one year. However, you may qualify for a hardship license, which allows you to drive for fundamental purposes like work, school, or medical appointments.
To obtain a hardship license, you must complete DUI school and submit an application to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Failing to complete the required steps can result in a longer suspension. Our Tampa first time DUI lawyer may guide you through the reinstatement process and help you explore options to regain your driving privileges sooner. Stechschulte Nell has also arranged countless plea bargains and argued more than 40 jury trials as both a prosecutor and criminal defense attorney.
Should I Fight My First DUI In Tampa Or Plead Guilty?
It depends on the circumstances of your case. Many first-time DUI charges can be challenged, especially if there were errors in police procedures, inaccuracies in breathalyzer tests, or a lack of sufficient evidence. Fighting a DUI charge may help you avoid a conviction, reduced charges, or even case dismissal.
Contact A DUI Attorney For Help
Facing a first-time DUI in Tampa can be stressful, but you don’t have to go through it alone. A skilled attorney at Stechschulte Nell led by Board-Certified criminal defense attorney Ben Stechschulte can help you manage the legal system, fight for reduced charges, and explore alternatives to protect your future. If you’re facing DUI charges, schedule a consultation today to discuss your case and learn your best course of action.
