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DUI » DUI Defense

Defense Against DUI Charges

DUI Defense Lawyer Serving Tampa, Florida

Law enforcement officers have the right to pull over any driver they suspect is driving under the influence of drugs or alcohol. It is illegal under Florida state law to drive a motor vehicle with a blood alcohol content (BAC) level that exceeds the 0.08 percent legal limit. When BAC levels reach 0.08 percent or higher, a person’s physical and mental capabilities are impaired, decreasing his / her level alertness and ability to concentrate. Any individual that is found driving with a BAC over this legal limit will be arrested and charged.

There are a number of steps law enforcement will take to determine if a driver is intoxicated beyond the legal limit. Most officers will look for general signs that alcohol or drug use has occurred, including slurred speech, blood shot eyes, disheveled appearance, open containers of alcohol, alcohol on the breath, and loud behavior. In addition, law enforcement officers almost always require drivers to perform standard field sobriety tests, which challenge the driver’s mind-body coordination. After the driver has performed those tests, law enforcement will typically test the driver’s blood or breath to get a more accurate reading of the amount of alcohol or drugs in the body.

As driving under the influence increases the changes of causing an accident, injury, or death, judges and prosecutors seek harsh punishments for offenders. Individuals convicted of DUI face multiple legal penalties, including monetary fines, probation, jail, rehabilitation, community service, driver’s license suspension, and a mark on their permanent record. If you have been charged, it is important to hire an experienced attorney on your side. Our skilled Tampa DUI lawyers can protect your rights and make sure you receive the legal justice you deserve.

Building an Effective Defense Strategy

If you've been arrested and you took a breath or blood test that showed a result above the legal limit, you may think that there is no way of avoiding a conviction. After all, the arresting officer is set to testify against you and there is hard evidence that your blood alcohol concentration was at unlawful levels. There are various factors that may actually enable your lawyer to effectively secure an acquittal or dismissal of all charges against you:

These issues may affect the evidence against you, which may be presented in court during the examination of the arresting officer by the prosecuting attorney. With the help of expert witnesses and through a skillful cross-examination of the arresting officer, your attorney may be able to show the judge and jury that the evidence against you is questionable or does not prove guilt beyond a reasonable doubt.

The burden of proof in criminal court is such that the prosecuting attorney must prove, beyond a reasonable doubt, that the defendant is guilty. In a DUI case, this means that the prosecution must prove that the defendant was driving with an unlawful blood alcohol concentration and/or with abilities impaired by alcohol or drugs. The smallest detail may affect the outcome of your case; it takes a highly experienced and dedicated defense lawyer to recognize opportunities when they present themselves. That is the level of defense you will find at our firm.

If you are in need of experienced defense, contact a Tampa DUI defense attorney today for your free consultation at (813) 321-7323!

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