DUI Attorney in Tampa
DUI Attorneys Firm Overview Attorney Profiles
Thomas & Paulk, P.A.
Free case evaluation
Resources Case Results Contact Us
Premier DUI Defense Lawyers
  • Charged with a DUI in Tampa, Florida? Learn about DUI & DUI Charges.

    Charged with a DUI?

    Whether you have been charged with a DUI, or you are simply looking to learn more about DUI law, you can read more about how we can help you here.

    DUI Charges in Tampa | DUI Defense Options

  • Learn more about Florida DUI Law

    Learn about Florida DUI Law

    Browse our library of information about DUI laws, and learn about points that could be crucial to your case.

    Florida DUI Laws | DUI Questions

  • Our DUI Attorneys discuss Drunk Driving Defense in Tampa.

    Our Attorneys Discuss DUI

    Thomas & Paulk have put together many videos to help you navigate the often complex area of DUI law. Please review our videos to learn more.

    Choosing Your DUI Attorney | DUI Lawyer Videos

  • Need a DUI Lawyer? Fill out our online consultation.

    Free DUI Case Evaluation

    We offer a free online DUI case evaluation right here on our web site.
    Tell us what happened and we will tell you how we can help.

    Free DUI Case Evaluation | DUI Blog

Charged with a Tampa DUI?

Charged with a DUI?

Whether you have been charged with a DUI, or you are simply looking to learn more about DUI law, you can read more about how we can help you here.

DUI Charges in Tampa | Drunk Driving Defense | DUI Testing

Defending Your Rights 24/7
Florida DUI Laws
Tampa DUI Laws
Adjudication and Sentencing
Administrative Disqualification Law
Administrative Suspension Law
Administrative Suspension of Persons Under 21
Business or Employment Reinstatement
Chemical or Physical Test Provisions
Commercial Motor Vehicles (CMV)
Community Service
Conditions for Release of Persons Arrested for DUI
Driving Under the Influence
Driving While License Suspended or Revoked
DUI Misdemeanor Conviction
DUI Felony Conviction
Driver License Revocation Periods for DUI
Fine Schedule
Imprisonment
Impoundment of Immobilization of Vehicle
Manslaughter and Vehicular Homicide
Probation
Review Hearings
School Requirements
Contact a Tampa DUI Lawyer
Name:
Email:
Phone:
Message:
DUI Attorney Videos
Thomas & Paulk PA is a BBB Accredited Business. Click for the BBB Business Review of this Attorneys in Tampa FL

Administrative Suspension Law

Florida Statute §322.2615: Suspension of License

Those who have been arrested for driving under the influence under §316.193 of the Florida Statutes are likely very aware of the ramifications of §322.2615 of the Florida Statutes. Under this section of the law, law enforcement and correctional officers are given the ability to suspend driving privileges should a subject be found in physical control of a vehicle with a BAC over 0.08 percent. They are also legally able to suspend a license should the subject refuse to partake in the mandatory blood alcohol tests.

Length of License Suspension

  • First Refusal: One Year
  • Second Refusal: Eighteen Months
  • BAC Over 0.8 Percent: Six Months
  • BAC Over 0.8 Percent (Previous Suspension): One Year

As soon as the notice of suspension is issued, the suspension will commence; however a temporary permit will be issued for a 10 day period. The driver has this long to request a formal or informal review of the suspension. If they do not, the temporary permit will expire and their license will be suspended.

Informal vs. Formal Hearing

If an informal review is requested, one of the hearing officers who work at the department will hold one. During this hearing, there will be a review of all materials submitted by the officer, as well as the defendant. Neither officer nor witness is required to be present at this hearing. Within 21 days after the expiration of the temporary license, the department's decision must be sent as a notice to the subject.

If a formal review is requested, it will still be held by one of the hearing officers at the department; however, it will be much more thorough and will include witnesses, testimony, relevant evidence and may include subpoenas. The subject who requested the hearing is required to show; if they don't and it's found to be without just cause, the right to a hearing is waved and the suspension is automatically sustained. Within seven working days after the formal hearing, the subject must be notified of the hearing officer's decision.

Scope of the Hearings

The hearing will be dealing with issues much different from the criminal process. During these hearings, the officer will deal with the following issues:

  • Whether the officer has probable cause to believe the person was impaired.
  • Whether the subject was operating a motor vehicle with a BAC of 0.08 percent or higher.
  • Whether the subject refused to submit to a blood, breath or urine test.
  • Whether the subject was told that if they refuse, their license would be suspended.

Depending on the findings of the hearing officer, the license suspension will either be sustained or denied. If sustained, there are certain circumstances where the subject may be eligible to apply for a license for business or employment purposes.

To read the entire text, please click here.

Florida Statute §316.1932: Tests for Alcohol, Chemical or Controlled Substances

In the state of Florida, per §316.1932, every driver who has accepted the responsibility and the privilege of having a driver's license has already agreed to consenting and submitting to any administered chemical or physical test for blood alcohol levels. This is what is known as implied consent and why a refusal of a blood, breath or urine test results in such stiff penalties.

For example, in the case of the breath test, the implied consent to come into play, the law enforcement officer must have probable cause to believe that the person operating the motor vehicle was under the influence of drugs and / or alcohol; the subject must be told that failure to submit would result in suspension of driving privileges; and must not be subjected to a breath test as a preclude.

In regards to the urine test, the law enforcement officer must have reasonable cause to believe that the subject is under the influence of chemical or controlled substances and the test must be administered at either a detention facility or another facility which is fully equipped to handle such tests. The subject must be told that failure to submit would result in suspension of driving privileges.

For blood tests, there must be reasonable cause to believe that the subject was under the influence of alcohol and / or chemical or controlled substances. For the rest to be lawfully administered, the subject need not to have been told that failure to submit could result in suspension of driving privileges. The test must be administered at a hospital, clinic or other medical facility.

To view the entire text, please click here.

Tampa DUI Defense Attorney Thomas & Paulk, P.A. Attorneys at Law