If you’ve been arrested for DUI in Florida, one of the most important decisions you’ll make is whether to hire a private DUI attorney. Your freedom, license, reputation, and even your job may depend on the outcome of your case. In the 45-second video above, Attorney William F. “Casey” Ebsary Jr. explains why having an experienced DUI defense lawyer on your side makes a real difference.

🚨 DUI Arrests in Florida: What You’re Really Facing

Every day, hundreds of people are arrested for Driving Under the Influence (DUI) across Florida. It can happen after one drink, a traffic stop, or even a misunderstanding. But once you’re in the system, the consequences start quickly:

• Immediate driver’s license suspension by the Florida Department of Highway Safety and Motor Vehicles (DHSMV)
• Mandatory court appearances
• Possible jail time, fines, probation, and ignition interlock devices
• A permanent criminal record
• Increased insurance premiums
• Lost job opportunities, especially for CDL holders or those in government or healthcare

You don’t have to plead guilty or go through it alone.

👨‍⚖️ Why Hire Attorney William F. “Casey” Ebsary Jr.?

Casey Ebsary is a Board Certified Criminal Trial Lawyer, a distinction held by less than 0.5% of all Florida attorneys. He’s also a former DUI prosecutor, which gives him insider knowledge of how these cases are built—and how to dismantle them.

🛡️ Legal Credentials That Matter:

• Former Assistant State Attorney
• Certified by the Florida Bar Board of Legal Specialization and Education
• Over 25 years of courtroom experience
• Practices in State and Federal Court

This level of expertise is critical. DUI law is complex and constantly evolving, especially with changes in breath test procedures, field sobriety test reliability, and license suspension protocols.

❓Top 5 Questions About Hiring a DUI Lawyer in Florida

Should I hire a DUI lawyer for my first offense in Florida?

Yes. Even a first-time DUI in Florida can lead to license suspension, fines, probation, and a criminal record. A DUI lawyer can evaluate the stop, breath test, and police procedures to identify mistakes or violations of your rights—possibly leading to reduced or dismissed charges.

What does a DUI lawyer do that a public defender doesn’t?

While public defenders are skilled attorneys, they often juggle heavy caseloads. A private DUI lawyer like William F. “Casey” Ebsary Jr. can give your case personalized attention, file motions to suppress evidence, handle your DMV hearing, and aggressively negotiate to protect your driving record and freedom.

Can a DUI attorney help me avoid losing my driver’s license?

Yes. After a DUI arrest in Florida, you have only 10 days to challenge the automatic suspension with the DHSMV. A DUI lawyer can request and represent you at the formal review hearing, and in some cases, help you obtain a hardship or business-purpose license.

Is it worth the cost to hire a DUI lawyer in Florida?

In most cases, yes. While DUI lawyers can cost between $2,500–$10,000, the long-term costs of a DUI conviction—including higher insurance rates, job loss, and a permanent criminal record—can far outweigh the initial legal fees.

What qualifications should I look for in a Florida DUI attorney?

Look for experience, courtroom results, and Board Certification. Casey Ebsary is a Board-Certified Criminal Trial Lawyer and former DUI prosecutor—an honor earned by less than 0.5% of Florida lawyers. That means you’re hiring a legal expert with deep knowledge of DUI defense strategies.

⚠️ Public Defender vs. Private DUI Attorney

One of the most common questions clients ask is:
“Why shouldn’t I just use a public defender?”

Here’s why that’s a risky choice:

Only a private DUI attorney can fight your driver’s license suspension through a DHSMV administrative hearing. Many people don’t know they have only 10 days to request that hearing after arrest. Miss that window, and your license may be suspended automatically—even if the DUI charge is later dropped.

🔍 What a DUI Attorney Actually Does

DUI cases are rarely “open and shut.” They often involve flawed testing, poor police procedures, and legal technicalities that can lead to dismissal or reduced charges.

Here’s what Casey Ebsary and his legal team will do for you:

• Request and fight your DHSMV administrative license suspension
• Review dashcam, bodycam, and breath test video footage
• File motions to suppress illegal stops or searches
• Examine the accuracy and calibration of the Intoxilyzer 8000 breathalyzer
• Identify errors in Field Sobriety Test administration
• Negotiate with prosecutors to reduce or dismiss charges
• Take your case to trial if necessary

🧠 Knowledge Is Power: Use Our Free DUI Case Database

Want to know how other Florida DUI cases have been resolved? Use our free searchable DUI case results database to research past outcomes. Empower yourself with real information.

🔗 Visit the DUI Case Database

You’ll find real-world examples of dismissed DUIs, reduced charges, and license reinstatements—many handled by Casey Ebsary.

📞 Call Now – Don’t Wait to Defend Your License

Time is not on your side after a DUI arrest in Florida. The clock starts ticking the moment you’re arrested. You have:

• 10 Days to fight your administrative license suspension
• A court date set quickly
• A chance to challenge the case before evidence is lost or witnesses forget

📱 Call 813-222-2220 now to speak directly with a DUI defense lawyer. Casey Ebsary offers confidential consultations and will guide you through your next steps.

📺 Watch: Should You Hire a DUI Attorney?

▶️ Watch the 45-Second Video Above
https://www.youtube.com/watch?v=7SkXlKD48xk

In this short but powerful video, Casey Ebsary explains exactly why hiring a private DUI attorney is critical to protect your rights, license, and record. He’s been in courtrooms across the Tampa Bay area helping people just like you.

⚖️ Serving All of Tampa Bay and Beyond

Casey Ebsary defends DUI and criminal cases in:

• Tampa
• St. Petersburg
• Clearwater
• Hillsborough County
• Pinellas County
• Pasco County
• Polk County
• Manatee County
• And throughout Central Florida

🔗 Helpful Resources

• Florida Statute §316.193 – DUI Law (Justia)
• Florida DHSMV DUI Information
• Search DUI Case Results – Florida
• YouTube DUI Videos by Casey Ebsary
• Reviews – Google Business Profile – Casey Ebsary

📲 Ready to Take Action?

Don’t risk your license, your freedom, or your future. Call the Law Office of William F. “Casey” Ebsary Jr. now.

📞 (813) 222-2220
🌐 https://dui2go.com/
📍 Tampa, Florida

Original Post from 2013

Here is a 45 second video on Should you Hire a DUI Attorney? William F. “Casey” Ebsary, Jr. is a lawyer who practices in the area of criminal defense of all criminal charges in State and Federal Court.

Casey is a former Assistant State Attorney and was a Criminal D U I Prosecutor. Casey is Board Certified in Criminal Trial Law by the Florida Bar Board of Legal Specialization and Education.

Less than one-half of one percent of Florida’s attorneys have qualified for this distinction. Do your homework – Review and Compare. Then Decide should you hire a DUI Defense Attorney? Call 813 222 2220.

Visit our Free fully searchable DUI database here or just go to the search bar at the top of this page:

http://news.duifla.com/

You can also visit  a DUI  Attorney here.

https://plus.google.com/101363839921148808253/about?gl=US&hl=en-US

Here are more DUI  Attorney videos: 

http://www.youtube.com/centrallaw

Video Summary:

Should I  Hire a DUI Attorney? Yes – A public defender cannot save you from a DUI DHSMV suspension. Should I  Hire a DUI Attorney? Yes – DUI DHSMV (Department of Highway Safety and Motor Vehicles) suspension can remain even if the case is reduced or dismissed by the court. Should I  Hire a DUI Attorney? Yes – A DUI lawyer’s investigation can make or break a case.

Transcript:

[DUI  Lawyer Narrates] Hundreds of people are arrested every day, you may be one of them. I spend most of my time in court fighting state and federal criminal charges. I have arrived at my destination. One of the many courthouses in Tampa Bay where I help people. Let me help you. Have you got criminal charges in State or Federal Court? Let me help. Call me at 813-222-2220. [End of DUI Attorney Narrates]

If you’ve been charged with a DUI in Florida, it’s important to find a reputable DUI attorney who can help you navigate the legal system and achieve the best possible outcome for your case. Casey the Lawyer is a well-known DUI expert in Florida who has been providing legal representation for over 20 years. Here are some key questions to ask when hiring a DUI attorney:

Is the Lawyer Board Certified?

Board certification is an important factor to consider when hiring a DUI attorney. Board certification means that the lawyer has been recognized by the Florida Bar as having significant experience and knowledge in a particular area of law, in this case, DUI defense. Casey the Lawyer is a board-certified criminal trial attorney, which means he has demonstrated a high level of proficiency in criminal defense law.

Is the Lawyer Experienced?

Experience is key when it comes to DUI defense. You want a lawyer who has handled many cases like yours and has a proven track record of success. Casey the Lawyer has been practicing law for over 20 years and has represented countless clients in DUI cases. He has a deep understanding of the legal system and knows how to develop effective defense strategies.

Will you receive Personal Attention?

Personal attention is important when it comes to working with a DUI attorney. You want a lawyer who will take the time to listen to your concerns, answer your questions, and keep you informed throughout the legal process. Casey the Lawyer prides himself on providing personalized attention to his clients. He works closely with each client to develop a tailored defense strategy and keeps his clients informed every step of the way.

Is the Lawyer a Former DUI Prosecutor?

Having a former DUI prosecutor on your side can be a significant advantage in your case. A lawyer who has worked on the other side of the aisle knows how the prosecution thinks and can anticipate their strategies. Casey the Lawyer is a former DUI prosecutor and has a deep understanding of how the prosecution approaches these cases.

Is the Lawyer a Criminal Defense Expert?

While it’s important to find a lawyer who specializes in DUI defense, it’s also important to find a lawyer who has a broad range of criminal defense experience. This is because DUI cases often involve other criminal charges, such as reckless driving, drug possession, or even assault. Casey the Lawyer is a board-certified criminal trial attorney, which means he has extensive experience in a wide range of criminal defense cases.

In conclusion, hiring a reputable DUI attorney is essential if you’ve been charged with a DUI in Florida. Casey the Lawyer is an experienced and knowledgeable DUI expert who can help you navigate the legal system and achieve the best possible outcome for your case. By asking the key questions outlined above, you can ensure that you hire the right lawyer for your needs.

A useful checklist for hiring a DUI Attorney. Call and ask these Questions:

1. Is the Lawyer Board Certified?
2. Is the Lawyer Experienced?
3. Will you receive Personal Attention?
4. Is the Lawyer a Former DUI Prosecutor?
5. Is the Lawyer a Criminal Defense Expert?

In Florida, less than 1/2 of 1 percent of Lawyers are Board Certified in Criminal Trial Law. Some, but not all Criminal Defense Attorneys are former prosecutors. Former DUI Prosecutors know how the justice system works from inside the office that is seeking your conviction for the crime of Driving Under the Influence. Some firms practice law all over the state with hundreds of open cases in several jurisdictions but we have specialized in this region of Florida.

FAQ – More Questions to Ask in Choosing a Lawyer

Why is board certification important for a DUI lawyer?

Board certification from the Florida Bar signifies specialized expertise and recognized proficiency in criminal trial law. This distinction demonstrates a lawyer’s commitment and proven ability in handling complex DUI cases, providing clients with added assurance of their legal capabilities.

How does a lawyer’s experience impact a DUI case?

Experienced lawyers have developed proven strategies and a track record of successful DUI defenses through years of practice. Their familiarity with local courts and prosecutors allows them to navigate the legal system more effectively, increasing the chances of a favorable outcome.

Why is personal attention crucial when hiring a DUI attorney?

Personal attention ensures your case receives tailored strategies and consistent communication, fostering a strong attorney-client relationship. A lawyer who listens and responds to your concerns provides reassurance and keeps you informed throughout the legal process, which is vital during stressful times.

How does a former DUI prosecutor benefit my defense?

A former DUI prosecutor understands prosecution tactics and can anticipate their strategies, giving your defense a strategic advantage. Having worked on the other side, they possess insider knowledge of how prosecutors build cases, allowing them to identify weaknesses and build a stronger defense.

Why seek a lawyer with broader criminal defense experience?

DUI cases can often involve other criminal charges, such as reckless driving or drug possession, requiring diverse legal expertise. A lawyer with a comprehensive criminal defense background can address all aspects of your case, ensuring a holistic and effective defense strategy.

What advantage does local specialization offer?

Local specialization means the lawyer focuses on specific regional courts and their unique practices, developing a deep understanding of local laws and procedures. This familiarity with local judges and prosecutors can be invaluable in crafting a defense tailored to the specific jurisdiction.

Why be concerned about DUI arrest quotas?

DUI arrest quotas may indicate a focus on arrests over accurate legal procedures, potentially leading to errors in your case. This pressure can compromise the integrity of investigations and lead to wrongful arrests, making it crucial to have a lawyer who scrutinizes every detail.

What does an invalidated DUI checkpoint mean for my case?

An invalidated DUI checkpoint could indicate procedural errors that weaken the prosecution’s case, as it suggests law enforcement may have violated protocol. If the checkpoint was deemed unlawful, any evidence collected during the stop could be challenged, potentially leading to dismissal of charges.

How does knowledge of DUI hotspots help my attorney?

Knowledge of DUI hotspots provides insight into where and how DUI enforcement occurs in the area, allowing your attorney to anticipate common police tactics. This information helps in developing targeted defense strategies, as your attorney can examine if the stop was based on legitimate reasons or potentially questionable practices.

Why are video case reviews important?

Video case reviews provide real examples of DUI stops and legal challenges, illustrating how specific laws and procedures are applied in practice. These visuals offer a clearer understanding of potential defenses and help clients visualize the complexities of DUI cases, leading to better informed decisions.

Video – How to Find and Then Choose a Hillsborough DUI Attorney

This video narrates a recent visit to a DUI Checkpoint. This includes DUI Attorney Casey Ebsary mapping the DUI hot spots in the Hillsborough County Florida area. The St. Petersburg Times reports that in one area, “Town ‘N Country, Hillsborough County Sheriff’s DUI deputies make sure they monitor that portion of the county every single night.”

The Data also shows:

Top 3 spots for DUI arrests:

Brandon: 412 | Town ‘N Country: 226 | New Tampa: 195 DUI Arrests.

Video – How to Find and Choose a Pasco DUI Lawyer

Narrates a recent visit to a DUI Checkpoint. Here is what we saw.  There is a Pasco Florida Highway Patrol Arrest Contest. Florida DUI Attorney Lawyer continues to be concerned with the game that some police agencies have made out of DUI arrests. DUI cops in Pasco County Florida set out to break a record of some sort. Then informed the media that a DUI record was broken. The headline reads: “Trooper sets records for DUI arrests.”

Trooper Ron Evans and his colleague “fellow Trooper Richard Arias focus a lot of attention of U.S. 19” so says Fox News in Tampa, Florida. “Evans has developed a well-known reputation for getting suspected drunk drivers off the streets. Last year, he made 238 arrests; back in 2004, he arrested 300.” says Fox News. Arias became a Trooper less than a year ago.

Video – How to Select and or Choose a Pinellas DUI Attorney

DUI Pinellas Attorney Lawyer 1-877-793-9290 or 813-222-2220  – Casey Narrates a video where recently we visited a DUI Checkpoint. In the meantime, a Pinellas DUI Checkpoint was invalidated.

Pinellas DUI Checkpoint Invalid

Pinellas DUI checkpoint was invalidated. The problem with this case is not with the Plan itself, but rather the lack of evidence that the Plan was complied with in conducting the traffic stop of the defendant. Competent substantial evidence is evidence ”sufficiently relevant and material that a reasonable mind would accept it as adequate to … Continue reading Pinellas DUI Checkpoint Invalid

DUI Lawyer in Tampa Bay Florida

Pinellas DUI checkpoint was invalidated. Pinellas DUI checkpoint was invalidated. The problem with this case is not with the Plan itself, but rather the lack of evidence that the Plan was complied with in conducting the traffic stop of the defendant. The competent substantial evidence is ”sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached.” See Department of Highway Safety and Motor Vehicles v. Trimble, 821 So.2d 1084, 1087 (Fla. 1st DCA 2002) (citing DeGroot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957)).

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Video –  How to Go About Choosing a Tampa DUI Attorney

Call 813-222-2220 Help for You, a friend, or Loved One. In this video DUI Tampa Attorney Lawyer discusses how to choose an Attorney. Meanwhile, Tampa DUI Charges are Dropped  amidst a huge scandal at the Tampa Police Department – Video Updates

https://dui2go.com/tampa-dui-lawyers-charges-dropped-video-updates

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DUI Scandal Update 

Tampa DUI Scandal Update: Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI …Tampa DUI Scandal – read more

Tampa DUI Lawyer Just reviewed video of a Deputy Sheriff – he Crashes and then Refuses to take a Breath Test. Watch Florida Highway Patrol Video that shows the arrest. Allegations have arisen that the deputy told witnesses they did not need to remain at the scene of the alleged Florida DUI crash. Standby for more details on this breaking story.

Tampa DUI Scandal Update:

Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI cases. The subjects of the investigation – the cases involving two Officers: Ray Fernandez, Tim McGinnis. We have suspected that DUI cops were watching people and places for reasons they often would not admit. To his credit, the officer in the video below tells us they watch parking lots, act on tips received by phone and other types of electronic messages. We have protected the identity of one officer and give him credit for testifying so candidly. Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures he says, “I get all kinds of stuff.”

In early August, I met with an investigative reporter with a major media outlet in Tampa Bay and shared what we had already uncovered in our review of DUI case procedures. Video Can be seen here: https://dui2go.com/tampa-dui-lawyers-charges-dropped-video-updates

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Blood Testing in DUI Cases

Tampa DUI AttorneyReviews Supreme Court on Blood Draws and notes that today the Supreme Court holds that in DUI investigations the natural dissipation of alcohol in the bloodstream does not constitute an exigency to justify warrantless blood test. The Court affirmed the decision of the Supreme Court of Missouri, concluding that “the natural dissipation of alcohol in the bloodstream does not establish a per se exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in drunk-driving investigations.”
In DUI / drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute per se exigency sufficient to justify an exception to Fourth Amendment’s warrant requirement for nonconsensual blood testing. The principle that a warrantless search of the person is reasonable only if it falls within a recognized exception applies where the search involves a compelled physical intrusion beneath the person’s skin and into his veins to obtain a blood sample to use as evidence in a criminal investigation. Natural dissipation of alcohol in the blood may support an exigency finding in a specific case, but it does not do so categorically. Whether a warrantless blood test of a drunk-driving suspect is reasonable must be determined case by case based on the totality of the circumstances.

Download a free copy here:

MISSOURI v. TYLER G. McNEELY, No. 11–1425

Video – Choosing a Polk DUI Defense Lawyer Attorney

A Polk DUI Defense Lawyer Attorney can help you, a friend or a loved one. Call 1-877-793-9290 to discuss your case. DUI or Drunk Driving is a serious charge to have on your driving record in Polk County. You need a serious defense.

Polk County DUI Attorney reports on the DUI Drug court division established by Judge Ronald A. Herring. The Judge ordered that any multiple DUI offender may have the option of DUI Court as part of a plea offer. If allowed the plea offer and the case of the multiple DUI offender transfers into the Polk County DUI defendant’s case to the Judge presiding over DUI or Drug Court occur. The DUI/Drug Court shall be a condition of the offender’s probation. Also involved in the DUI Court are: Judges, Assistant State Attorneys, Defense Attorneys, County Probation, Polk County Sheriff’s Office, Lakeland Police Department Offices, AA representatives, and MADD representatives.

Other Topics Include:

How To, Reviews , Compare, DUI Hillsborough Lawyer, Pinellas DUI Lawyer, Tampa DUI Lawyer, Polk DUI Lawyer, Pasco DUI Lawyer, dui checkpoint, dui

]]> https://www.dui2go.com/blog/tampa-bay-florida-dui-questions-and-answers/ https://www.dui2go.com/blog/tampa-bay-florida-dui-questions-and-answers/ Wed, 12 Feb 2014 19:22:00 GMT DUI Questions and Answers from a Florida DUI Attorney and Board Certified Criminal Trial Lawyer. For over ten years, Tampa DUI Attorney has been maintaining this resource for DUI information, It has become a resource for both citizens and Lawyers. We have reviewed our history and summarize a Reviewof the most frequently asked questions (FAQ);…

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DUI Questions and Answers from a Florida DUI Attorney and Board Certified Criminal Trial Lawyer.

For over ten years, Tampa DUI Attorney has been maintaining this resource for DUI information, It has become a resource for both citizens and Lawyers. We have reviewed our history and summarize a Reviewof the most frequently asked questions (FAQ); We Compare of DUI penalties; and outline How to Get back on the road?

How many DUI Convictions have there been in Florida? 840,000 DUI Convictions.

In Florida, according to recent statistics, nearly 840,000 drivers have DUI convictions on their driving records. These include convictions for Driving Under the Influence of Alcoholic Beverages from the evidence that includes only impairment by alcohol, Chemical Substances, or Controlled Substances. These data also included Driving with an unlawful Blood or Breath Alcohol Level ( DUBAL ). 316.193, F.S. Under Florida law, 316.193, DUI can be proved by impairment of normal faculties or by establishing an unlawful blood alcohol or breath alcohol level ( BAC ) of .08 or above. No matter which method is used, the penalties are the same. However, enhanced penalties are an option when the BAC is above .15.

What are the Five Standard Field Sobriety Tests? Five Roadside Tests for DUI

A horizontal gaze nystagmus test ( HGN ). In this phase, the driver is asked to follow the lighted red tip of a pen with his eyes, without moving his head. Law Enforcement says if a driver has been drinking his eyes will jerk, instead of following the light smoothly. Most cops are not allowed to testify in court about this technique. They are simply not qualified.

The nine steps test. The driver must walk a straight line heel-to-toe for nine steps, make a tight turn, and walk back nine steps.

Balancing on one leg. The driver stands on one foot for about 30 seconds.

Touching the nose. With hands at his side, the driver is asked to close his eyes, lean his head back, and touch his nose with the tip of each finger.

Reciting the alphabet.

What is the minimum Fine for a Florida DUI?$250 Minimum Fine and other penalties.

First-time offenders face the following possible punishment – What is the possible punishment for a First DUI conviction?

Business Purposes Only – Employment Purposes Only Reinstatement for a First Conviction requires people to complete the DUI school and then apply to the Department of Highway Safety and Motor Vehicles for a hearing about a possible hardship or business purpose only reinstatement. The Department of Highway Safety and Motor Vehicles has been imposing Mandatory ignition interlock device for up to six months for BAL of .15 or higher.

What is the possible punishment for a First (1st) DUI conviction? First DUI Penalty Summary

Greater than .15. Increased fine;

Imprisonment for up to six ( 6) months;
At least Fifty ( 50 ) hours of community service;
At least six ( 6 ) months’ revocation of the driver’s license;
DUI School Mandatory attendance of a substance abuse education course.

What is the possible punishment for a Second DUI conviction? Second-time offenders face the following possible, even stricter, punishment: 

What is the possible punishment for a Second (2nd) DUI conviction? Second DUI Penalty Summary

A Second Conviction allows no hardship license except as provided below. The second time around, there will be a mandatory ignition interlock device for one (1) year. If the Second Conviction occurs within five (5) Years, there will be a 5-Year Revocation. There are provisions to apply for hardship business purposes only reinstatement hearing after one (1) year. Strict requirements of DUI school completion and participation in the DUI supervision program is mandatory for the remainder of the revocation.Be careful, because failure to report for counseling or treatment will result in cancellation of  your hardship license. The DUI supervision program demands that the driver may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for twelve (12) months before reinstatement. Finally there is a Mandatory ignition interlock device for one year or for two years if  test result was greater than .15.

Mandatory terms of county jail if within 5 Years;

Ignition Interlock device possible;
Increased fines and revocation periods;
Mandatory attendance of a substance abuse education course usually include counseling;
Refusal to submit to a required breath, urine, or blood test can result in;

At least six and possibly 12 months’ suspension of the driver’s license.

What is the possible punishment for a Third DUI conviction? Three-time offenders face the following possible, even stricter, punishment.

Third DUI Penalty Summary

Third Conviction Within 10 Years is a Felony with a 10-Year Revocation. May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.

Three Important Chemical or Physical Test Provisions

Number One – Refusal to submit to a breath, urine, or blood test is admissible as evidence. Second or subsequent refusal is a misdemeanor of the first degree and is a new a separate crime. License Suspension Period for First refusal is 1 year. License Suspension Period for second or subsequent refusals is 18 months.

The rules are different for Commercial Driver’s Licenses.  License Suspension Period for First refusal is in a commercial motor vehicle 1 year. License Suspension Period for Second or subsequent refusals in a commercial motor vehicle results in a driver being disqualified permanently. For Commercial Driver’s Licenses, there will be no hardship reinstatement permitted.

A conviction for driving a commercial motor vehicle with a blood alcohol level of .04 or above or refusing to submit to a test while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance cannot operate a commercial motor vehicle for a period of 1 year. A second  conviction yields  a permanent disqualification from operating a commercial motor vehicle. There is no hardship license.
Number Two – Blood from a driver or alleged driver can be used instead of or in addition to other tests. This means there can be a forceful withdrawal of blood. Courts have supported and the Florida DUI law provides that blood may be taken in DUI cases involving serious bodily injury or death. The blood sample is taken by authorized medical personnel and the arresting officer can use reasonable force if the driver refuses.
Number Three – Can a Portable Alcohol Breath Testing Device be used under Florida Law for persons under 21? Yes Florida law.322.2616, provides that drivers under the age of ( Twenty-One ) 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.”

Why can’t I get my license back?

When is a Florida Hardship License Prohibited?
A Driver under Florida DUI law may be prohibited from obtaining a Hardship License when there has been a second (2nd) or subsequent suspension for refusal or if driver has been convicted of (DUI) two (2) or more times.In any event, drivers disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
Why has my car been impounded or immobilized? 10 Days Impoundment or Immobilization of Vehicle
Impoundment or Immobilization of Vehicle may be ordered and is mandatory unless the family of the defendant has no other transportation. For the First conviction, Impoundment or Immobilization of Vehicle is for 10 days; Impoundment or Immobilization of Vehicle for a second conviction within 5 years is 30 days; Impoundment or Immobilization of Vehicle for a  third conviction within 10 years is 90 days. The court may also dismiss the order of  Impoundment or Immobilization of Vehicle for any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

What Happens to the money collected in DUI Cases?

Money from criminal traffic cases now goes to the county. Tens of millions of dollars in fines from DUI and criminal traffic cases that once went to cities and towns go to county clerks instead.

What about DUI Residential Alcoholism Treatment?

Florida DUI laws provide that at court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward term of imprisonment. First Conviction at court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, the court may order not more than 6 months. Furthermore, at the court’s discretion, sentencing terms for .15 or higher or with a minor in the vehicle up to 9 months may be ordered to be served in a residential alcoholism or drug abuse treatment program.

Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

Post by Tampa DUI Lawyer.

Frequently Heard Statements in DUI Cases

Officer: “Good evening, sir. Do you know why I pulled you over tonight? Have you been drinking tonight?”

Citizen: “I only had two beers.”

One cop noted that the “two beers line” has been used so often that it’s a joke among DUI cops. In 20 years of patrolling highways, Virginia State Trooper Parker has heard that line more times than she can remember. “I don’t know of any officer out here who, if you tell them you only had two beers, they’ll tell you, “Okay, then, have a nice night,’ ” and let you go.

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