Recent Blog Posts

Florida Law: DUI Penalties

Tampa DUI Attorney — Tue, 15 May 2012 20:35:00 GMT

Are you facing charges for driving under the influence of alcohol? If a law enforcement officer observed you swerving, changing lanes quickly, braking suddenly, or other forms of erratic driving behavior, they could have reasonable cause to pull you over. If they could smell alcohol, saw open containers in your vehicle, or you failed to successfully complete a field sobriety test or chemical test, you may be placed under arrest and brought into custody. This can prove to be a frightening situation for anyone. Not only that, but it can also be confusing and there could be many questions going through your mind.

One of the first questions which will undoubtedly come up is what the possible penalties you could be facing are. Every state is different, so it is important that you speak with a local attorney concerning your unique situation. The penalties will also vary based on the specifics of your case. For a first DUI conviction, you could be fined anywhere from $250 to $500. The court may also require you to complete 50 hours of community service and be placed on probation for up to one year. Your license could be taken away for a minimum of 180 days and you will have to complete 12 hours of DUI School. Not only that, but you may be imprisoned for up to six months.

With each additional DUI conviction you receive, the penalties will also go up. Other aggravating factors include: a minor in the vehicle, an extremely high BAC, an injury, or a death. If you are facing any of these penalties or have questions regarding your case, please do not waste any time in contacting a Tampa DUI lawyer from our team of professionals. We are Tampa's premier DUI defense firm and will put all of our skill and ability into helping you. Contact a Tampa DUI attorney today to learn more.

The Ignition Interlock Device in Florida

Tampa DUI Defense Lawyer — Tue, 08 May 2012 20:35:00 GMT

If you were pulled over on suspicion of drunk driving, you could have been placed under arrest for driving under the influence. A conviction of DUI could lead to misdemeanor or felony charges, depending on the circumstances of the case. The penalties for this crime could include jail time, fines, a suspended license, and the installation of an ignition interlock device. If you have been charged with this crime, you will probably have many questions going through your mind, one of which is what is the ignition interlock device?

An ignition interlock device is similar to a breathalyzer device in that the driver must breathe into it and then that breath sample will be analyzed. However, what sets this device apart is that this device is attached to the car's dashboard and the engine will not be allowed to start unless the driver breathes into the device. If their blood alcohol content reads higher than a certain amount, the car will not be allowed to start. The device may even require the driver to give another random breath sample after they have been driving. If they fail to breath into the device, an alarm will be triggered.

In Florida, if an individual was accused of DUI for the second time, they will have to install an ignition interlock device in their car. It may even be required after a first-time DUI if certain circumstances are present. This can prove to be expensive and inconvenient to say the least, so allow a Tampa DUI attorney to examine your case if you were accused of this offense. Our team has over 20 years of combined experience on our side and will do everything in our power to protect your best interests. Contact a Tampa DUI lawyer from our firm today for a free consultation.

Tampa Bay Rays Pitcher Arrested for DUI Hit And Run

Tampa DUI Attorney — Tue, 01 May 2012 20:36:00 GMT

M.B., a minor league pitcher for the Tampa Bay Rays is being held in custody on a $1.015 million bail, making it the highest bail ever given for this type of offense in Charlotte County. He was arrested on suspicion of a DUI hit and run that resulted in serious injury. On March 22, he was driving a borrowed SUV when he ran into the back of the victim's motorcycle. Under law, any driver involved in an accident is required to remain at the scene so that they can exchange contact information or seek medical attention if necessary. M.B., however, is accused of leaving the 72-year-old T.T. lying in the street.

T.T. was airlifted to the hospital where he was treated for broken bones in his back, ribs, and wrist. He also suffered from brain hemorrhaging and was put into a medically-induced coma for a week to attempt to let him heal. His family has stated that is it difficult to watch him not be able to walk when he used to run marathons. However, M.B.'s attorney is stating that the bail that was set is ridiculously high. In another DUI case, the suspect received a $65,000 bail. However, the victim in that situation actually died, yet he received a lower bail than M.B. did.

If you have been accused of any type of DUI offense, you need to have a strong Tampa DUI lawyer on your side throughout the entire process. Even if you are completely innocent of all charges, you still need someone standing up for your rights and ensuring that you receive justice. If you would like more information, contact a Tampa DUI attorney from our team at Thomas & Paulk, P.A. as soon as possible. Call today for a free consultation!

Leaving the Scene Charges Dropped

Tampa DUI Attorney — Mon, 19 Mar 2012 00:40:00 GMT

In State v. J.C., a recent case involving one of our clients, J.C. was accused of leaving the scene and DUI after striking another car and motorcycle in two accidents. However, he refused to submit to chemical testing and he chose not to perform the field sobriety test. Due to this fact, the State had insufficient evidence against him and they had no choice but to drop the charges to reckless driving. Even in cases that appear to be hopeless, a Tampa DUI attorney from our firm could help you get your charges dropped.

Were you accused of drunk driving? Your first step should be to contact a member of our legal team for assistance. Not only could we investigate to whether any illegal practices occurred, but we could challenge all the evidence against you to see whether or not it would hold up in court. Contact a Tampa DUI lawyer from our firm to learn more.

Member of Military Arrested for DUI & Reckless Driving

Tampa DUI Attorney — Sun, 18 Mar 2012 00:40:00 GMT

Recently, a member of the U.S. military was pulled over after being caught driving at speeds of 95mph in a 55 mph zone. The law enforcement officer then asked the client to perform field sobriety tests which they were not able to successfully complete. When he was given a breath test, he registered at 0.125, well over the legal limit of 0.08. However, after negotiating with the State Attorney regarding how the military would handle the case, all DUI charges against him were dropped and he was charged with reckless driving.

For members of the military, the situation can be more complicated than other cases. A Tampa DUI attorney from our team could examine every aspect of your case and seek to get your charges reduced as much as possible. Contact a Tampa DUI lawyer as soon as possible for a free case evaluation.

Running Stop Sign Leads to DUI Charge

Tampa DUI Lawyer — Sat, 17 Mar 2012 00:35:00 GMT

By contacting a Tampa DUI attorney from our team, our client was able to get their DUI charge reduced to a reckless driving charge. They had been pulled over for running a stop sign and were then asked to perform a field sobriety test. The law enforcement officer administering the test claimed that our client did not successfully complete these tests and so proceeded to arrest them for driving under the influence. However, the State Attorney agreed to reduce this charge to the less serious charge of reckless driving.

If you were falsely accused of DUI or know you have made a mistake, do not waste any time in speaking with a Tampa DUI lawyer from our team of professionals. We could examine your case in a free case evaluation and seek ensure that your rights are protected. Contact a Tampa DUI lawyer from our team today to learn more!

Client Arrested for BUI; Charges Dropped

Tampa DUI Attorney — Fri, 16 Mar 2012 00:35:00 GMT

In State v. D.H., our client was almost convicted of boating under the influence after failing the field sobriety tests. Law enforcement stopped the boat after noticing that it did not have its navigation lights on. The individual operating the boat was arrested when they could not successfully complete the tests. However, during our investigation, we discovered that the breath testing equipment that was used had a problem with it. Due to this fact, all charges against our client were dropped and they did not have to suffer any of the consequences.

Boating under the influence is a common charge in Florida due to the large coastline and many lakes. A Tampa DUI attorney from our team has extensive experience in this area of law and will do everything necessary to give you the best possible chance of getting your charges dropped. Contact a Tampa BUI lawyer from our firm today for a free case evaluation!

Know Your Rights: DUI Arrests

Tampa DUI Attorney — Thu, 15 Mar 2012 11:10:00 GMT

In the movies and cop dramas, we usually see defendants informed of their rights when they're arrested. They usually go something like, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney…" But what about your rights before you're arrested? At our Tampa DUI law firm, we want to make sure that drivers know about their rights and what to do or not to do when pulled over for suspected driving under the influence.

You have the right to refuse field sobriety tests.
If you're over the age of 21, you have the right to refuse a portable breath test at the roadside.
You have the right to politely refuse to answer an officer's questions about how much you have had to drink or whether you are drunk.
If you are arrested, you have the right to remain silent. You have the right to call your attorney and to have your attorney present during any questioning that ensues.

Every arrest is different and every case needs to be approached based upon the specific evidence and information at hand. For experienced help regarding your case, please do not hesitate to contact a Tampa DUI lawyer at Thomas & Paulk. We are ready to fight on your behalf!

DUI Conviction Could Have Cost Employee His Job

Tampa DUI Lawyer — Thu, 15 Mar 2012 00:35:00 GMT

We were able to help a worker keep his job by getting his DUI charges dropped. As he needed his license in order to complete his job, a suspended license would have proved to be detrimental to his freedom and career. Not only were we able to get his charge reduced from DUI to reckless driving, but we helped him avoid a license suspension. Many of us take our driving privileges for granted, but when we are threatened with the loss of these privileges we realize how much we rely on our ability to drive.

If you or a family member is being threatened with a license suspension, please do not waste any time in contacting a Tampa DUI lawyer from our team at Thomas & Paulk, P.A. We will fight tirelessly in order to ensure that your rights are protected through every stage of the process. Contact a Tampa drunk driving attorney today for a free case evaluation.

"Failed" Field Sobriety Tests

Tampa DUI Lawyer — Wed, 14 Mar 2012 17:05:00 GMT

Field sobriety testing is one of the ways that police officers build probable cause to make an arrest for DUI (driving under the influence of alcohol or drugs). They may administer such tests as the walk and turn orone leg stand to gauge a driver's coordination, balance and ability to follow instructions. So what happens if you "failed" field sobriety tests? Does this mean your arrest is automatically valid? Will these test results give the prosecuting attorney enough ammunition to prove you were "under the influence" of alcohol in order to secure a conviction?

Though the arresting officer may be willing to testify that you performed poorly on field sobriety tests, there are ways that a knowledgeable lawyer can challenge this testimony. Your lawyer may be able to question whether the tests were properly performed, whether the officer's grading or evaluation of the tests is accurate and even whether some non-alcohol related factor may have influenced your performance on these tests. High-heeled shoes, for example, may make it so a driver cannot properly balance while trying to perform the walk and turn test.

At Thomas & Paulk, we look at all relevant parts of a client's DUI case, including the field sobriety tests that were administered before their arrest. Learn more about how we can help you by contacting a Tampa DUI attorney at our firm today.

License Reinstated After Arrest

Tampa DUI Attorney — Wed, 14 Mar 2012 00:30:00 GMT

In the recent case, State v. S.B., our client was arrested for driving with a suspended driver's license. If they were convicted of this charge, they could have had their license revoked for up to five years as the court would have seen them as a habitual offender. However, rather than lose their license, we were able to get our client's driver's license reinstated. The state dropped the charges of driving while license suspended and our client was able to keep his driving privileges.

If you are facing the threat of losing your driver's license, the first step you should take is to contact a Tampa DUI lawyer from our legal team as soon as possible. In order to retain your driving privileges, you need a strong advocate on your side who will fight tirelessly for your rights. Do not risk your future by failing to contact a Tampa drunk driving attorney from our team today!

Improperly Calibrated Breath Test Device

Tampa DUI Attorney — Tue, 13 Mar 2012 14:25:00 GMT

If you've been reading up on DUI (driving under the influence) charges, you may be somewhat familiar with breath tests and how their results may impact a driver's charges. Breath tests are the most common way of determining a driver's blood alcohol level after a Tampa, Florida DUI arrest. What you may not know, however, is that there are various ways that an attorney may be able to challenge the results of a test of this kind. One of the ways to potentially challenge the reliability of a breath test is by reviewing the calibration and maintenance records for the device. Breath test machines must be properly calibrated, in accordance with state standards. If a device was not properly calibrated, your attorney may be able to use this to your advantage to have your charges reduced or dismissed altogether.

Every case is different, and the outcome of your breath test may therefore have its own impact on your charges. To find out more about your options and legal rights, contact a Tampa DUI attorney at Thomas & Paulk today. We look forward to hearing from you.

Open Container Case Dismissed

Tampa DUI Attorney — Tue, 13 Mar 2012 00:30:00 GMT

In Florida, it is not only illegal to have open containers of alcohol in your vehicle, but it is against the law to have any open container in a public place. If you were accused of this crime, you should contact a legal representative as soon as possible. In a recent case we handled, a client was arrested for holding an open container which had alcohol inside. In response to these charges, we filed a motion to suppress and all the charges against them were dropped.

Have you been accused of driving under the influence, having an open container in your vehicle, or having an open container in public? Talk to a Tampa DUI lawyer from our team so that we can investigate your case and seek to get your charges dropped. We also offer a free consultation, so do not hesitate to contact a Tampa DUI attorney from our law firm today.

Prescription Drug DUI Charges

Tampa DUI Lawyer — Mon, 12 Mar 2012 23:14:00 GMT

Some Tampa, Florida drivers may be shocked to hear that they can be arrested and charged with driving under the influence (DUI) for driving with prescription drugs in their systems, even if the medication was lawfully prescribed. A driver may face DUI charges for operating a vehicle while with an unlawful blood alcohol concentration, which is the most common type of DUI case that comes to mind when one considers driving under the influence. However, a driver may also face DUI charges for operating a motor vehicle while his or her abilities are impaired by alcohol or a controlled substance. A prescription drug, just like an illegal drug, may qualify as a controlled substance, and a driver whose abilities are impaired by a prescription drug like Vicodin, Xanax or Ambien may therefore face criminal charges if pulled over, tested and arrested.

Fighting prescription drug DUI charges requires an attorney with a considerable amount of knowledge and resources related to these specific cases. At Thomas & Paulk, you can see by our case results and more than two decades of experience that we are well prepared to handle your case.

Contact a Tampa DUI lawyer at our firm today to talk about how we can help you.

Juvenile's Charges Dropped After DUI Accident

Tampa DUI Attorney — Mon, 12 Mar 2012 00:30:00 GMT

In the recent case, State v. K.M., a juvenile was charged in adult court after she caused an accident while driving under the influence. However, when she came to us for help, we were able to get her into a counseling program instead of receiving a criminal conviction. As she will be eligible for getting her record sealed in the future, her future should not be marred by this incident. Driving under the influence is a serious accusation and if an accident was caused as a result, the situation becomes even more severe.

Are you facing charges of DUI involving an accident? Contact a Tampa DUI attorney from Thomas & Paulk, P.A. as soon as possible. As you could be facing fines, suspended license, and jail time, it is imperative that you get a strong legal advocate to defend you. Contact a Tampa drunk driving lawyer from our team to learn more.