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Once you have been arrested, it is important to call a Tampa DUI attorney right away - you may only have 10 days to launch your defense. The "Ten Day" Rule is enforced when someone is arrested for a DUI. There are really two separate cases that arise: the court case, where a person's liberty is at stake, and the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) case. If you have been arrested for DUI, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08% or higher, you have only 10 days to request a special hearing with the FDHSMV to save your license. Failure to timely request a hearing will result in a penalty of a 6 month suspension (up to an 18-month suspension) of your Florida driving privileges. Call a Tampa criminal lawyer at Bodiford Law P.A. for a consultation now at (813) 222-0032.
DUI Defenses
In deciding which defenses could apply in your DUI case, your DUI lawyer will look at all the evidence produced by the police and interview witnesses. Some common defenses seen in DUI cases include:
Driving Observation Defenses
The prosecutor always relies (sometimes exclusively) on the arresting police officer's testimony about how a DUI suspect was driving, including:
- Very slow speeds
- Uneven speeds (very fast, then very slow)
- Weaving from one side of a lane to the other
- Crossing the center line of the highway
- Running a red light
- Hesitation in going through a green light
A good Florida DUI defense attorney will argue that there are many different explanations for these driving behaviors that don't have anything to do with being alcohol-impaired.
Many of the defenses against DUI charges require a lawyer's expertise and experience. If you've been charged with DUI, it's important to contact a lawyer right away in the area in which you were arrested. If you need a Tampa or New Port Richey criminal attorney, call us now.
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