If you or a loved one has been arrested for Driving Under the Influence (DUI) in Tampa, Florida, Musca Law can help. We have a team of Tampa DUI lawyers that are very familiar with the laws and the different types of questionable evidence that may be involved in your particular case.
Our team of attorneys will aggressively defend your case to bring about the best possible outcome in your favor. There are a number of factors that make your case unique. We offer a free, confidential consultation to address your concerns and consider all of the circumstances and possible defenses in your Tampa DUI case.
When you are stopped by a police officer while driving under the influence, you may be asked to take a blood, urine or breath test. You may refuse, but you will face administrative sanctions and possibly a suspension of your driving privileges. Musca Law can help you turn this refusal into an advantage for your defense. Contact us today to find out how.
DUI Breath Test
A breath test result over the legal limit of .08 is not an automatic sign that you will be found “guilty” in your criminal case. A knowledgeable and experienced Tampa DUI attorney will tell you that the results may not be reliable. There are physical and medical reasons that will raise the blood alcohol level, making it inaccurate. Your Tampa DUI lawyer can consider a number of possible defenses revolving around your breath test and its results.
DUI Urine Test
A urine test may be requested by a law enforcement officer when a breath test returns at .08 or less. The officer may also be looking for evidence of substances in the blood such as marijuana, cocaine or other drugs, prescription or non-prescription. However, these tests may be unreliable or inaccurate. Your Tampa DUI lawyer may determine it is inadmissible or that it is a weak link in the prosecutor’s case that can be used in your favor.
DUI Blood Test
A blood test is one of the methods of measuring your blood alcohol content after a Tampa DUI stop. They are limited by State law, however, in how they are obtained, who may take the blood sample and under what circumstances. If any of these procedures and requirements were followed improperly, this information can be used to make a strong defense in your case.
A DUI charge may be compounded by property damage or personal injury. This is common in auto accidents involving a DUI charge. Penalties are more severe when there is property damage. An aggressive Tampa DUI defense attorney can examine and possibly challenge the evidence taken in the case. This may result in the reduction of penalties or even dismissal of the charge.
DUI penalties vary depending on the number of convictions you have had, if any, and the individual circumstances of the incident. Penalties include jail time, driver’s license suspension, community service, vehicle impound, DUI school, substance abuse evaluation and possible treatment, random testing, victim impact panel, fines and court/prosecution costs.
Causing a fatality while driving under the influence of alcohol is considered DUI manslaughter. The charge holds harsh penalties for DUI manslaughter convictions. The sooner your Tampa DUI attorney starts aggressively defending your case, the better chance you have of achieving the best possible outcome for your case.
Defense For Women
There are a number of reasons that DUI charges against women are skewed. More women are being unfairly arrested for drunk driving. A savvy Tampa DUI attorney can help you fight those charges. They will point out the discrepancies in accuracy for breath test analyzers on female subjects. They will also point out the difficulties that are sometimes encountered when women are wearing high heels or are barefoot and attempting to perform sobriety tests.
Formal Review Hearing
A Tampa DUI arrest results in the suspension of your privilege to drive. The duration of the suspension may be affected by a formal review hearing. This is part of the administrative process of a DUI charge. The defendant has 10 days from the arrest date to request a hearing. Having a Tampa DUI attorney that is well-versed in the process can improve the outcome of the hearing.
Controlled Substance DUI
Driving under the influence of a controlled substance is against the law, but very difficult to prove. The substance itself is often not in the vehicle. If you have been charged with a controlled substance DUI in Tampa, a qualified attorney may be able to help your case. The prosecution may be unable to prove that the substance or drug in question actually caused the impairment.
Boating Under the Influence
Boating under the influence of alcohol, above the legal limit of .08 blood alcohol content (BAC), is termed boating while intoxicated, or BUI. The penalties for BUI are serious. They include fines, community service, jail time and/or supervised rehabilitation. A qualified Tampa BUI lawyer can help you get the best possible results for your case. Boaters under the age of 21 may be charged if they have a BAC of .02 or higher.
Commercial Vehicle DUI
Commercial vehicle DUI is taken very seriously, and has a lower threshold of intoxication allowed by law. Some legal requirements have a zero tolerance for alcohol, while others have restrictions with a blood alcohol content (BAC) of .04 or lower. Penalties are higher for BAC levels over .04. Commercial vehicle DUI charges carry more at stake for defendants, as they usually affect employment as well.
There is a zero tolerance policy for minors in the State of Florida. This makes it possible for any juvenile involved in an incident that has a BAC of .02 or greater to be charged with a juvenile DUI. In Tampa, Musca Law can vigorously defend you or your family member in case of a juvenile DUI charge. This includes assistance with the administrative sanction that suspends a minor’s privilege to drive for up to 6 months.
One of the most controversial ways to attract a DUI charge is through a DUI roadblock or checkpoint. Tampa DUI lawyers can show that checkpoints and roadblocks come close to violating basic 4th Amendment rights.