Welcome to ADAMY LAW FIRM Southwest Florida’s Premier DUI Law Firm
We are aggressive Tampa DUI lawyers , representing Drunk Driving clients in HILLSBOROUGH,
PINELLAS, MANATEE, PASCO, POLK, and HERNANDO COUNTIES. You can meet with us at our office or if you can’t drive due to a suspended license we will send an experienced DUI attorney to you.
DUI QUESTIONS & ANSWERS
Driving Under the Influence Q&A?
Q. For what reasons can an officer stop me for DUI?
An officer in the State Of Florida can’t stop a driver unless the officer has a reasonable articulate suspicion that a traffic law or other law has been violated. A vehicle can be stopped for excessive swerving, weaving, disobeying traffic signs, speeding, making wrong turns. If the officer does not have a valid reason for the stop, then the stop is a “bad stop” and the case can be dismissed.
Q. Are the field sobriety tests (FSTs) accurate?
No. DUI FIELD SOBRIETY TESTING IS INACCURATE- it has been shown that the one leg stand test is only 65% accurate, and the walk and turn test is only 68% accurate in determining impairment. People may fail the FST because of physical or medical conditions beyond their control. Other reasons for poor performance may be poor lightning, weather conditions or instructions by the officer.
Q. I only had a couple of drinks. Can the State prove DUI?
Not solely based on having alcohol on your breath. The State has the burden to prove beyond a reasonable doubt that you operated a motor vehicle on a public street or highway, while under the influence of an impairing substance. We will fight for you and protect your rights and make the State prove their burden.
Q. Did I have to take the breath test?
No, In Florida, Breathalyzer tests are voluntary. In fact they only check the breath machine about once a month despite the fact hundreds of people take the test each week. Implied consent law in Florida requires that you submit to an approved test if you choose to drive in Florida. If you refuse the test your license will be suspended. However, if you act quickly you are entitled to a hearing to contest the suspension. You only have 10 days to file this request from the date of the DUI stop.
Q. The police officer took my license how do I get it back?
If your breath test was over a .08 or you refused the take the test, the police officer suspended your license and issued you a DUI citation as a temporary 10 day drivers license. This is a valid full privilege license that expires 10 days after your arrest.
Q. What do I do after my 10 day license expires?
After the 10 day license privilege ends then you must apply for a hardship re-instatement. In order to do this, you must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. If your breath result was over .08, you must serve 30 days without a driver license or permit prior to eligibility for hardship reinstatement. If you refused the breath test and it was your first refusal, you must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
Q. What is the ignition interlock device?
An ignition interlock device connects your automobile to a breathalyzer machine. In order to start your vehicle you must give a breath sample. If the breath sample exceeds 0.05, then you can not start the car.
Driving While License Suspended Q&A?
Q. My License is suspended for a DUI. What can I do?
An employment or business purposes hardship license can be applied for after waiting the statutory period of time. We can assist you with the hardship process.
Q. Can you tell me why my license is suspended?
We can obtain a copy of your driving record, review it and explain why your license is suspended. Our experienced attorneys can also tell you how we can help you get your license back.
Q. My license is suspended because I have been labeled a Habitual Offender. Can you get my license back before the 5 years suspension ends?
In many instances, we can vacate the plea that caused your suspension allowing you to obtain your full license back. If you are not eligible for a vacated plea, then we can help you apply for a hardship license after you have served 1 year of the 5 year suspension. We have taken clients charged with FELONY HTO, fixed their DL problem, obtained their license back and gotten the felony reduced to a misdemeanor.
