Defendant was stopped for speeding in South Tampa.  He consented to field sobriety exercises which were performed on video.  Despite his decent performance, he was arrested and transported to the jail.  At the jail, he refused to provide a breath sample.   During plea negotiations, Stpehen Higgins got the charge amended to a Reckless Driving with no conviction.

Defendant was driving the wrong way on a one way street in South Tampa.  Defendant admitted to coming from Drynk, a local bar and consented to perform Field Sobriety Exercises which he failed.  He was arrested, taken to the Central Breath Testing at Orient Road Jail and provided breath samples of .167 and .174.  Prior to trial, Stephen Higgins was able to get the charge amended to a Reckless Driving.

In addition to the zero tolerance penalties, you are also subject to any penalties under the DUI statute. This includes fines, jail time, DUI school, increased insurance rates and additional license suspensions.

If you are under 21 and you have been arrested for DUI speak with a lawyer immediately! The zero tolerance laws make your case that much more important. Call to speak with an attorney who can help to protect your rights and mitigate your circumstances.

Navy Secretary Ray Mabus announced that breath tests will be given to between 1/6 and 1/8 of the crew specifically targeting those sailors standing watch and overseeing more important aspects of the ships duties.  Other sailors will be tested randomly.   The goal of the initiative is not to tell sailors they can’t drink, according to Mabus, but rather “We are telling you that it’s important to keep legal, responsible use of alcohol from turning into a problem.  Your job and your lives are too important.”

Breath tests administered on behalf of the United States Navy are governed by federal and maritime law.  In most civilian cases in Hillsborough and Sarasota County, breath tests administered by police officers are governed by State law.  Specifically, in Hillsborough, Pinellas, Manatee and Sarasota county, DUI checkpoints must follow very specific procedures, including notification to the county residents.  In Hillsborough County, DUI checkpoints and enforcement can be found on the Hillsborough County Jail website.

If you or someone you know has been stopped at a DUI checkpoint and arrested for DUI, please give our lawyers a call at 800-Fight-IT and review our website, www.FightYourTampaDUI.com for more information.   We can help.

A good DUI attorney can help you in many ways. An attorney can help you at your arrest to obtain a reasonable bond. Without a bond, you will have to remain in jail pending the outcome of your case.

The attorney can also put in a notice to preserve any evidence, such as video taping or lab test results for future use. Sometimes these records are kept in databases that are erased every 30 to 45 days. Having an attorney ensures that all records will be available to you for your defense.

After your arrest, you only have 10 days to challenge your license suspension. A good DUI attorney can help you challenge the initial license suspension at the DMV so that you can drive while your case is pending. The attorney will also help you with your criminal case. An attorney who is familiar with DUI cases will review the stop, the initial arrest and look for all possible defenses you have. The attorney will take depositions of the officer to see if the officer made any mistakes. The attorney will then review their findings with you and help you to get the best possible outcome.

Having an experienced DUI lawyer looking out for you is essential when you are arrested for DUI. The State has experienced lawyers that will try to convict you. You owe it to yourself to have an experienced lawyer fighting against them on your behalf.

PROBATION: Under Florida Law, all DUIs require at least one year of reporting probation. This means that you must report to a probation officer once a month every month for one year. There is a monthly fee due to the probation office that supervises you every month. This fee is usually between $20 and $60 a month depending on the county.

FINES: Every DUI carries a mandatory fine. The fine can be as low as $500 or as much as $4000 depending on your particular case. This fine is in addition to any court costs, probation costs or restitution payments that are due.

DUI SCHOOL: Attendance at DUI school is mandatory for any DUI conviction. If it is your first DUI conviction you will attend basic DUI school. If you have more than one DUI conviction you will be required to attend advanced DUI school.

REFERRAL TREATMENT: As part of DUI school, you must undergo a substance abuse evaluation. If it is determined that you have a substance abuse problem, be it drugs or alcohol, you will be required to complete substance abuse treatment. Sometimes no treatment is recommended. Sometimes 16 weeks of treatment is recommended. In extreme circumstances in-patient treatment is recommended. It all depends on you as an individual. You must complete the recommended treatment if you ever hope to reinstate your driver’s license.

DRIVER’S LICENCE SUSPENSION: All convictions of DUI result in a license suspension. The suspension can be anywhere from six months to a permanent revocation of your driving privilege. If you refuse to blow your license will be suspended for one year. If you refuse to blow more than once, your license will be suspended for 18 months.

VICTIM IMPACT PANEL: Most judges require that you attend a one time victim impact panel. This is a panel of individuals who have been injured by drunk drivers, or who have lost family members as a result of drunk driving accidents. They discuss the impact of the drunk driver on their lives. It is very emotional and can be uncomfortable for those who attend.

JAIL: It is possible to sentenced to jail for a DUI charge. This is true even for a first conviction. In some cases, jail is mandatory. A second DUI conviction within 5 years carries a mandatory sentence of 10 days in jail. A third conviction within 10 years results in a mandatory 30 day jail sentence. This is true regardless of the blow.

The penalties for a DUI vary depending on the number of times you have been convicted of DUI in the past, whether or not you blew, and if you blew whether or not the blow was over a 0.15. As a general rule, if you blow over 0.15 the fines are doubled and the amount of jail you can receive is extended by three months.

The most important thing to do in case of a DUI is to hire good representation .A good attorney can help you to obtain the best result for your situation.

When you get a DUI, a copy of the DUI arrest and/or your conviction goes on your driving record. Your driving record is what insurance companies look at when they give you a quote. A DUI places you in a higher risk category which increases the amount you pay for insurance.

In addition, you will be required to purchase an SR-22 policy.  SR-22 is a statement of financial responsibility that serves as proof that you have the proper amount of insurance. The SR-22 is an additional expense over and above your regular insurance rate. The SR-22 is necessary for any car you drive!!

If you do not pay for, or carry the SR-22 for the specified period of time the State will suspend your license and registration. You will also incur additional financial penalties.

Background Checks: A DUI is a criminal charge that will show up on a background check. If your job performs random background checks, it is possible the arrest will show up and you could be fired. If you have to pass a pre-employment screening, the DUI arrest could keep you from getting hired in the first place.

Professional Licensing: If your job requires a professional license, such as nursing, contracting, security and other regulated professions, a DUI arrest can delay your license. In some cases a conviction can result in your license being denied.

Suspension of Driver’s License: DUI arrests and convictions can result in the suspension of your driver’s license. If you can’t drive to work and you have no other means to get there you can be fired. If you drive a company vehicle for a living, and you can no longer drive due to a license suspension, you will probably be fired. If you are a commercial driver you will lose your CDL. No CDL means that you can no longer drive Class A or Class B vehicles. This may mean that you lose your job.

Ignition Interlocks: If the court orders an ignition interlock device it must be installed in any and all vehicles you drive. This includes vehicles used for employment. If your employer will not install this device on a company vehicle, you can’t drive it. Which means you may lose your job.

Insurance Requirements: DUI convictions require you to carry specialized insurance. If your employer is not willing to pay extra for this insurance then you will not be able to drive a company vehicle. If you can’t drive your work vehicle, then it’s possible your employer will fire you.

So, yes, there are many ways that a DUI can affect your getting a job. That is why it is so important to have a good defense attorney fighting for you.

DUI Arrest  – Gasparilla

In an event that promotes drinking, partying and costumes, it is inevitable that some people will drink and drive.   In any circumstance, being arrested for DUI is a life changing experience and arrested for DUI during Gasparilla is no different.  The Hillsborough County Sherriff’s Department has already put the public on notice through their Operation ‘3D’ campaign that they will have increased patrols, areas of ‘saturation’ and DUI checkpoints throughout Hillsborough County.   It seems obvious that officers are encouraged to make DUI arrests during Gasparilla in an attempt to take as many people off the street that they deem to be impaired.  However, having represented many, many people arrested for DUI during Gasprailla, it can be a rush to judgment by the police officers resulting in a defensible case.

DUI defense attorneys at Finebloom & Haenel have years of experience to represent you on your DUI charge.   Our lawyers are trained to evaluate whether the stop of your vehicle was legal and whether law enforcement properly conducted field sobriety exercises.    We will attack every angle of your arrest and defend you on your DUI case.  Visit us at www.FightYourTampaDUI.com to learn more and call 813-649-8690 for an immediate free consultation regarding your arrest.

You can also visit at our Tampa office at 3426 W. Kennedy Blvd., Tampa FL.

BUI Arrest – Gasparilla

Many of the Gasparilla attendees will arrive and participate in the event while partying on their boat.   As a result, the US Coast Guard, the Florida Fish and Wildlife Conservation Commission and the Hillsborough County Marine Unit will increase their boat patrols to make sure that boaters are not operating their vessel while impaired.   Unlike a DUI, marine law enforcement can approach a vessel for almost any reason, usually under the pretense of a safety inspection.  Once alongside the boat, law enforcement may look for signs that the operator is impaired and begin a BUI investigation.   Similar to a DUI investigation, law enforcement may request the operator to perform some tests while still on the boat and, if law enforcement believes the person is impaired, take the person to dry land to conduct field sobriety exercises.

A BUI arrest will be aggressively prosecuted by the Hillsborough County State Attorney’s Office and they will likely seek an impoundment of your vessel.   BUI defense lawyers at Finebloom & Haenel will aggressively defend your BUI charge and challenge whether law enforcement properly continued with a BUI investigation after the safety inspection and whether a person’s performance on the exercises was due to a possible equilibrium imbalance or something other than impairment.  Call our BUI defense lawyers today – 813-649-8690 and visit us at www.FightYourTampaDUI.com.   Our office is located in Tampa, at 3426 W. Kennedy Blvd., Tampa, FL 33609.

Open Container – Gasparilla

In the past few years, open containers citations have been some of the most common criminal offenses issued by law enforcement.  Interestingly, alcohol is sold at the event and yet people are arrested for having an open container of alcohol.  According to the literature provided by the Gasparilla event coordinators, alcohol can only be sold and consumed in designated areas along the parade route, thereby limiting people from walking throughout Tampa with open containers.

In the past, law enforcement would conveniently stand in and around the designated areas observing people just outside the designated area and cite them for ‘open container.’  In most cases, the person was not arrested, but given a notice to appear in court for the criminal charge.  It is not uncommon for a Gasparilla attendee to be stopped and subsequently arrested for open container.   At Finebloom & Haenel, we have defended many people charged with open container during Gasparilla and challenged their arrest because officers are not permitted to randomly stop and search citizens without reasonable suspicion.

Having a criminal defense attorney from Finebloom & Haenel at your side will allow us to challenge your open container arrest and defend you, possibly arguing that the officers had no legal right to approach and arrest you.   If you or someone you know was arrested for open container, contact Finebloom & Haenel at 813-649-8690 or visit us at www.FightYourTampaDUI.com.

Underage Drinking – Gasparilla

Tampa is a fun, college city with students from University of South Florida, Hillsborough Community College and University of Tampa to name a few.    An opportunity to attend an outdoor parade where drinking is permitted is a recipe for disaster for underage party goers.

In years past, law enforcement has focused their attention on underage age drinking aiming to crack down on illegal forms of drinking.  Promoting a “zero tolerance policy,” law enforcement will arrest any underage person suspected of being a minor in possession of alcohol.  Also, law enforcement has designated a holding facility specifically for those arrested for underage drinking, where they remain until a parent or guardian picks them up.  However, in some cases, if the underage person does not have a local address, they could be arrested and booked into jail.

In some cases, if an underage person drinks and then gets stopped while driving, they risk a charge for DUI.  Law enforcement takes underage DUI very seriously, especially during Gasparilla when there are a number of people on the road.  Once stopped, the underage driver can be subjected to field sobriety exercises as well as a breath test.   The results the breath test could determine whether the officer takes the driver’s license and issues her a citation for a “.02 violation.”

If you or your child has been arrested for underage drinking, please contact Finebloom & Haenel at 813-649-8690 and visit our website at www.FightYourTampaDUI.com

Gasparilla events include the “Gasparilla Invasion,” the Gasparilla Invasion Brunch,” and the “Parade Fest Street Festival” along with live music, food, costumes and partying.  And drinking.   Drinking has become synonymous with the Gasparilla festivities and it seems everyone participating imbibes on the ‘liquid pirate booty.’   In response to the partying, the Hillsborough County Sheriff’s Office seeks to protect those people on the roads through Hillsborough County and will be conducting “Operation 3D,” a public awareness campaign meaning Don’t Drink & Drive.”   HCSO deputies will be on the lookout for drunk drivers, specifically tonight, January 26^th.  There will be a checkpoint and deputy “saturation” in District II, Eastern Hillsborough County, State Road 60 and Parsons Avenue.

A DUI is a serious offense and the ramifications on your driving privileges and your livelihood can be severe.   If you or someone you know gets arrested for DUI and you want to know your rights, contact criminal defense DUI attorney Stephen Higgins at Stephen@fightyorucase.com  or call at 813-649-869, with offices at 3426 W. Kennedy Blvd., Tampa, FL 33609. www.FightYourTampaDUI.com