Q: I was arrested for DUI in Tampa and police took my license, can I still drive?

A: Yes. Although your license is technically suspended you may use your DUI ticket as a temporary license for 10 days if the box for “eligible for permit” is checked “yes” on your DUI citation. In the meantime you should immediately retain legal counsel to protect your rights and your driving privileges through filing application materials with the Bureau of Administrative Reviews. Please note that these application materials MUST BE filed within the first 10 days or you have waived your rights and you will have to serve an automatic driver’s license suspension. When your attorney files these materials, he/she will obtain for you a business purposes driving permit to allow you to drive for business purposes (work, church, school, medical care) through the pendency of your attorney’s challenge to the suspension.

Q: Police impounded my vehicle, when can I get it back?

A: Generally, you can get it back the day following your DUI arrest. You will need to show proof of car ownership at the impound lot and pay any fees due (fees compound daily). You may need your attorney to research and investigate where your vehicle is being held as well.

Q: Will I get the bond money I paid back?

A: If you paid 10% or so of the bond to a bail bondsman, you generally will not receive and money back. The fee paid is the bondsman’s charge for assuming the risk of possibly having to pay the full bond amount to the court if you or your attorney should ever fail to appear for court. The response is different if you paid a full cash bond, rather than utilizing the services of a bail bondsman. If you are found not guilty or your DUI charge is dropped you will eventually get the bond money back via check in the mail. If you are convicted or plead guilty the money will be automatically put towards the inevitable fees you must pay. However, you will be entitled to the return of any amount in excess of fines, court costs, costs of prosecution, cost of supervision, etc.

Q: I took a breath test and my BAC was over .08, does that mean I’m guilty?

A: Absolutely not! There are many inefficiencies associated with these machines and by exploiting them in court with the use of expert testimony, you will have a great shot at beating your DUI charge. Furthermore, even when a Breathalyzer machine is in pristine condition, your attorney can still question whether or not the test was administered properly (also with blood and urine tests) and/or question whether the test was administered in a timely fashion (blood alcohol levels may rise as time passes). The fact of the matter is that failing a chemical test of any kind does not automatically render a guilty verdict as some would have you believe.

Q: I refused a breath test can I still drive?

A: Not for long. You are allowed to drive using your ticket as a temporary license for 10 days. If the DUI citation indicates that you are eligible for a permit. If you do not have your attorney file application materials, your license will be automatically suspended for 1 year if this was your first refusal and 18 months for a second or subsequent refusal.
Before being able to apply for a restricted or ‘hardship’ license you must serve 90 days of the license suspension if it is a first refusal. There is no eligibility for hardship license for the entire 18 months if this is a second or subsequent refusal. The same applies for other chemical tests such as a blood or urine test. However, your attorney can challenge the suspension and you may be able to avoid these suspensions by contacting counsel right away.

Q: I’ve served my license suspension, how do I get my license back?

A: You must provide proof of completion of the appropriate phase of DUI school, substance abuse evaluation, and  proof of compliance with treatment counseling if recommended. If all these requirements are met, you may petition the Bureau of Administrative Reviews for a hardship interview. However, you may be asked to take the required examination, pay any fees (around $200) and show proof of liability insurance. In certain cases some must install an ignition interlock device in their vehicle before license reinstatement.

Q: If I’m convicted of DUI will I have to install an ignition interlock in my car?

A: It may be a possibility. If this was your first offense, generally you will not be required to install a device in your vehicle unless you had a BAC of .15 or above at the time of your arrest and/or there was a child (under 18) present in your vehicle or if you had an accident causing personal injury or property damage. If you have 2 or more DUI offenses you will have to install the device in your car for 1-3 years and will be responsible for all installation and maintenance fees for the duration of the court order.

Q: I’ve been ordered to attend DUI School, where should I go?

A: There are 26 licensed programs throughout Florida you can choose from. However, the only one in Tampa is called DUI Counterattack Hillsborough, Inc. The phone number is 813-875-6201. The important thing to remember is that you are responsible for attending these classes and failure to do so will result in an additional license suspension. The DUI School for a first offense involves 12 hours of classroom instruction as well as a substance abuse evaluation. If the evaluator recommends any additional treatment, you must comply. If you have a second or subsequent DUI, you
must attend Level II which includes additional classroom time.

Q: I was recently arrested for DUI in Hillsborough County, how can you help me?

A: We can help you in more ways then one. First of all, we can fight your license suspension before going to criminal trial (via administrative review hearing). This alone can save you from months of not being able to drive. Then we can investigate every detail of your case (cause of stop, tests administered, chain of custody, etc.) and determine which defense or strategy suits your situation best. To prove what research we do, we can hire expert witnesses to testify on your behalf at trial. To learn more about what we can do for you call 813-362-5623 to schedule your free consultation. The more details you can give us, the more we can give you.

Q: Can I be arrested for DUI in Tampa if I was sleeping in my car?

A: Unfortunately, yes. It is not required in Florida that police actually see you driving drunk or under the influence drugs, but just that you were “in physical control of the car”. As unfair as this sounds, if you were sleeping in your car with the keys in the ignition or in your pocket, police have the right to investigate you for DUI. Just keep in mind that we challenge these types of cases on a regular basis.

Want to fight your Tampa DUI charge? If so, we welcome you to contact a Tampa DUI attorney at our firm for a free and confidential consultation. Call 813-362-5623 now.