Articles Posted in Tampa

Law enforcement agencies in sparsely populated areas like Pasco County, Florida, frequently utilize checkpoints and specialized tasks forces to monitor drivers. In fact, local deputies consistently receive high-profile awards for making over 100 DUI arrests a year. While these metrics are celebrated within departments, they raise serious questions for defense attorneys regarding the accuracy, compliance, and strict legality of individual traffic stops and roadside evaluations.

Video – Can You Be Arrested for a DUI Even If You Passed the Field Sobriety Tests? It is one of the most frustrating and confusing experiences a driver can face: you get pulled over, the officer asks you to step out of the vehicle, and you carefully perform every single physical coordination exercise. You stay balanced, you follow instructions perfectly, and you feel confident that you aced them. Then, the officer tells you to turn around and places you under arrest anyway.

The short, shocking answer under Florida law is yes—you can absolutely be arrested for driving under the influence even if you think you passed the field sobriety tests.

Beyond the threat of jail time or a suspended driver’s license, a driving under the influence arrest carries immediate and severe financial consequences. Many drivers caught up in the legal system assume that the financial impact is limited to paying a defense attorney or posting bond. In reality, Florida statutes impose strict, mandatory financial penalties that a judge is legally required to levy upon entering a conviction.

A second driving under the influence arrest in Florida significantly ups the stakes. If you are convicted of a repeat offense, you face aggressive prosecution and strict statutory penalties.

Video: An arrest for driving under the influence instantly triggers an array of personal and legal complications. While most drivers immediately worry about potential jail time, court fines, or a suspended driver’s license, there is another immediate consequence that can completely disrupt your daily life: the physical loss of your vehicle.

Video: The state will aggressively deploy its resources to secure a conviction, but you do not have to face them undefended. As a Board-Certified Criminal Trial Specialist and former prosecutor, W.F. “Casey” Ebsary Jr. knows exactly how law enforcement builds these cases—and where they routinely make mistakes. We specialize in turning technical evidence flaws into powerful courtroom defenses.

Video: For a standard driver, a driving under the influence arrest is an exhausting, expensive legal headache. For a Commercial Driver’s License (CDL) holder, it is an absolute professional emergency. If you operate commercial motor vehicles for a living, your driver’s license isn’t just a plastic card in your wallet—it is your career, your source of income, and your family’s financial stability.

Florida enforces strict rules when it comes to commercial operators. The state treats CDL drivers with a much higher standard of accountability, meaning the legal thresholds are lower, and the statutory penalties are far more unyielding than those faced by everyday commuters.

Video: When people are facing a driving under the influence charge in Florida, fear and desperation can lead them to listen to some terrible advice. One of the most persistent and dangerous backroom rumors out there is that a DUI can be made to “go away” through a payoff or a bribe to a law enforcement officer, a judge, or a prosecutor.

Let’s be completely unequivocal: bribing a public official is a severe third-degree felony in Florida that carries a mandatory sentence of up to 5 years in state prison. No legitimate lawyer, ethical police officer, or honorable judge will ever participate in corruption.

Video – One of the most persistent and dangerous misconceptions about traffic laws is that you are completely safe from a driving under the influence conviction as long as your blood-alcohol concentration (BAC) or breath-alcohol level remains below a 0.08.

Many drivers assume that 0.08 is a mandatory starting line for an arrest. However, under Florida law, this is simply not true. You can be pulled over, placed in handcuffs, and fully convicted of a DUI even if your chemical test results come back well below the statutory limit.

Video: Florida Statute § 316.1935 – Flee to Elude

Under Florida Statute § 316.1935, the prosecution can charge a driver with several escalating degrees of fleeing to elude, depending on the speed, the manner of driving, and whether an accident or injury occurs during the pursuit:

Basic Fleeing and Eluding (Third-Degree Felony): It is unlawful for an operator of any vehicle, having knowledge that they have been ordered to stop by a clearly marked law enforcement vehicle, to willfully refuse to stop or to flee. This basic charge carries up to 5 years in state prison and a mandatory fine of up to $5,000.