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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.

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Client's Charges Reduced after Attorney Proves Lack of Probable Cause for DUI Arrest

In a recent case handled by Thomas & Paulk, a client was stopped for an improper turn from Howard Avenue onto Kennedy Boulevard. The officer claimed to notice signs of impairment and requested that our client perform field sobriety tests. Our client refused to perform any exercises. Based on our client's refusal, and the signs of impairment that the officer noted, our client was arrested for DUI. At the jail he agreed to take a breath test and his results were .138 & .136. After viewing all the evidence in the case, we filed a motion to suppress the breath test arguing that the officer did not have probable cause to arrest our client for DUI. After reviewing our motion the State Attorney's Office agreed to drop the DUI charge to reckless driving.

Many people believe that Florida law requires you to perform field sobriety tests. In fact, there is no penalty under Florida law for refusing to take field sobriety exercises. If you refuse to perform field sobriety exercises the officer can only base his decision to arrest on what he has observed. Most officers will arrest anyone who refuses to perform field sobriety exercises if they believe that the driver has been drinking. However, the law requires that the officer have probable cause to believe that the driver is impaired. ­­

You can learn more about DUI charges and your legal rights by talking to an experienced Tampa DUI lawyer at our firm. At Thomas & Paulk, we are committed to protecting the rights of drivers throughout Hillsborough County and the surrounding areas who have been arrested on suspicion of drunk driving. Our experience and dedication have enabled us to secure stellar case results in a number of cases, including the one mentioned above.

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