Tampa DUI Defense Attorney
Joseph F. Martinez, P.A.
Facing DUI Charges?
If you have been charged with a DUI, you only have ten (10) days from the date of your arrest to file for a Formal Review Hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) to get your license back or to get a Hardship License following a charge of DUI.
There are several different kinds of DUI a person can be charged with. Joseph F. Martinez, P.A. can help you with all of them.
- DUI
- Multiple DUI
- DUI Accident
- DUI Injury
- DUI Drugs
- Boating DUI
- DUI Manslaughter
- DHSMV Hearing
DUI (Driving Under the Influence)
A DUI charge can affect so many areas of your life. You could lose your driving privileges and you could go to jail. If you were unable to drive or went to jail, would you be able to support yourself and your family? Your career could be put in jeopardy causing hardship to you and your family. These consequences could be avoided if you are able to successfully defend yourself in court. Joseph F. Martinez, P.A. has successfully defended hundreds of people charged with DUI throughout the state of Florida.
If you have been charged with DUI in Florida, you could face the following penalties:
- Up to 6 months in jail
- Thousands of dollars in court costs and fines
- Probation
- Ignition interlock device
- Vehicle impoundment or immobilization
- Community service
- DUI school and any recommended follow-up treatment
- Driver’s license revocation
- Increased insurance costs or loss of coverage altogether
If you have a prior criminal record, your penalties could be enhanced if you are convicted of your current offense. It is very important that you take the necessary steps to defend yourself, your rights, and your future. We can help you get through this difficult time. Joseph F. Martinez, P.A. are skilled and knowledgeable in the area of Florida DUI defense.
A DUI arrest doesn't always mean a DUI conviction. There are many possible resolutions to a DUI arrest, including dismissal of charges, reduction to lesser charges, motion to suppress evidence, plea bargains, or a jury trial.
Multiple DUI's
If you have been arrested for DUI and you already have one or more DUI convictions on your record from anywhere in the world, you will face enhanced penalties if you are convicted of the current offense. The Florida legal system is very harsh when it comes to DUI, and multiple offenders can spend a significant amount of time in jail if convicted. If you have any prior DUI convictions on your record, please do not hesitate to contact an experienced DUI attorney at the Law Office of Joseph F. Martinez, P.A. We have successfully defended many people who have prior DUI convictions.
These types of charges will result in serious consequences if you are convicted:
2nd DUI:
- You could spend up to 9 months in jail
- You could spend a minimum of 10 days in jail
- You could be subject to thousands of dollars in fines
- You could be required to install an ignition interlock device in your car for at least one year
- You will be put on probation
- You could be required to attend a substance abuse program
- Your vehicle could be impounded/immobilized for 30 days
- You could lose your license for five years
3rd DUI:
- You could spend up to 12 months in jail (unless your third offense occurred within ten years of either of your first two, in which case you could be charged as a felon and face up to five years in prison)
- You could spend a minimum of 30 days in jail
- You could pay thousands of dollars in costs and fines
- You will be required to install an ignition interlock device in your car for at least 2 years
- You will be placed on probation
- You could be required to attend a substance abuse program
- Your vehicle could be impounded/immobilized for 90 days
- You will be subject to a ten-year license revocation
4th DUI or more:
- You could spend up to five years in state prison
- You will spend a minimum of 30 days in jail
- You could be subject to a minimum of $2,000.00 in fines and costs
- A fourth or subsequent DUI is felony
- You will be placed on probation
- You could be required to attend a substance abuse program
- Your vehicle could be impounded for 90 days
- You will be subject to a permanent license revocation
DUI Accident
If you have been involved in an accident while allegedly driving under the influence, you could face serious and harsh consequences that could have lasting effects on your life. Not only could you be subject to a license suspension, probation, fines and costs, victim restitution, community service, vehicle impoundment or immobilization, and higher insurance rates, you could go to jail. It is very important that you take the necessary action to protect your rights by contacting an experienced DUI lawyer at the Law Office of Joseph F. Martinez, P.A. as soon as possible. Facing DUI charges is upsetting. Compounded with involvement in an accident, the future can seem very grim. No matter how grim the situation may seem, we will always work with you and for to achieve the best possible result.
DUI Injury
If you cause injury to a person while allegedly driving drunk, you will face more serious penalties than if you were convicted of DUI without injury to another. Florida law enforcement agencies and prosecutors are prepared to drunk drivers to the fullest extent of the law, especially if they are involved in an accident resulting in an injury to another person. If you have been involved in an accident with injury, and you were arrested for driving under the influence of alcohol or a chemical or controlled substance, please don’t hesitate to contact Joseph F. Martinez, P.A.
Serious Bodily Injury
Your case will be filed as a felony if you caused or contributed to the serious bodily injury of another while driving under the influence of alcohol or a chemical or controlled substance with an unlawful breath or blood alcohol level and/or while your normal faculties were impaired. If you are convicted of this type of charge, you could spend up to five years in the Florida State Prison and lose your driver’s license for as much as three years or longer. In fact, the state’s first “offer of settlement” usually begins with at least a year and a day in prison. This is so even if you have no prior criminal history.
DUI Drugs (Driving Under the Influence of Drugs)
Driving under the influence of drugs, whether illegal substances or legally prescribed medications, is as illegal as driving under the influence of alcohol. If the police believed that you were operating your vehicle under the influence of a chemical or controlled substance (legal or illegal) to the extent that your normal faculties were impaired, you will be charged with DUI. If you have been charged accordingly, please contact the Law Office of Joseph F. Martinez, P.A. to get the experienced legal assistance you need.
A conviction for driving under the influence of a chemical or controlled substance can result in penalties such as probation, community service, court costs and fines, vehicle impoundment or immobilization, DUI school and any recommended follow-up treatment, a driver’s license revocation, jail time, and a permanent criminal record. You can get help today. With the representation of an experienced lawyer from the Law Office of Joseph F. Martinez, P.A., you can greatly enhance your chances of receiving a positive outcome.
DHSMV Hearings
On the date you were arrested for DUI, the officer most likely confiscated your driver’s license. You have just ten (10) days from that arrest date to do two things: request a hearing with the DMV to determine whether you get to get your license back and, obtain a temporary hardship license until that determination is made by DMV.
This hearing is called a “Formal Review” of the suspension of your license for driving under the influence of alcohol or drugs, having a breath or blood alcohol level over the legal limit, or refusing to take a blood, breath, or urine test (depending on which test you are offered). It is very important. If you fail to schedule this hearing within ten days of the date of your arrest, you will automatically forfeit your driver’s license for at least six months and as much as 18 months, without a hardship permit (depending on your individual and unique circumstances).
The Law Office oef Joseph F. Martinez, P.A will secure this hearing for you, obtain a hardship permit for you (if your license was in good standing before the arrest) and fight to get your license back when the Formal Review Hearing is scheduled (usually within thirty days of the date of the filing of the request for hearing).
At the Formal Review hearing, the following will be addressed:
- Whether the officer had a legal right to pull you over
- Whether the officer had reason to believe you were under the influence of alcohol or drugs (legal or otherwise)
- Whether you blew over the legal limit on a properly calibrated Intoxilyzer 8000 breath testing machine; or
- Whether you refused to take a blood, breath, or urine test when requested to do so by a police officer; and, whether you were warned that there were consequences to refusing any of those requested tests; i.e. that your license would be suspended
The DHSMV formal review process has nothing to do with your criminal DUI charge. It is separate. Having a DUI Lawyer fighting for your license can be the difference between winning and losing the formal review hearing and your driving privilege. We know how to navigate this process and will work to maximize your chances at getting your license back.
Boating DUI (BUI)
Boating under the influence of alcohol or drugs is just as serious an offense as driving a car under the influence and can result in a DUI on your record. A boating under the influence conviction has the same effect as a DUI conviction. The defense of a boating under the influence charge requires a lawyer who understands the differences between an automotive DUI and a boating DUI. There are factors unique to a boating DUI. For example, the roadside sobriety tests are different for boaters and there are environmental factors to consider that can mimic the effects of someone under the influence.
The Law Office of Joseph F. Martinez, P.A. can provide you with the help and defense you need in order to contest your BUI charge. If you are convicted of boating under the influence, you will face the following consequences:
- Minimum of six months of probation
- Fines and court costs of at least $500 and as much as thousands of dollars depending on your unique circumstances
- DUI school and any recommended follow-up treatment
- Community service
- Driver’s license suspension (imposed by the court rather than the DMV)
- Jail time (depending upon your unique circumstances)
DUI Manslaughter
If you are charged with causing the death of another person while driving under the influence of drugs or alcohol, the State Attorney’s Office will seek a minimum of twelve years of state prison time for you and a permanent driver’s license revocation if you’re convicted. DUI manslaughter is a felony, and you can expect the government to punish you to the fullest extent of the law.
If you or someone you love has been charged with any of these DUI charges, you need legal assitance immediately. Don't wait to get the help you need. Contact the Law Office of Joseph F. Martinez, P.A. today for your FREE DUI CONSULTATION.
How strong is your case?
During the course of a DUI investigation the police are required to follow certain procedures. Failure to do so can lead to the dismissal of your DUI case. What many people refer to as a "technicality" or "loophole", is actually a way of using the constitution to protect your rights. Our firm has spent years developing techniques that are designed to dismantle the toughest cases with the highest breath test results. These results can be seen in our recent court victories section. The following is a list of questions which can dramatically impact the outcome of your case. If you answer yes to any one of them, you owe it to yourself to call for a FREE consultation.
- Did the Officer tell you that your license would be automatically suspended if you refused a breath test?
- Did the Officer fail to tell you that you had the right to a lawyer before taking any roadside tests?
- Did an Officer tell you to "keep blowing" during the breath test?
- Were you stopped for any of the following reasons: Speeding, Weaving, Failure to Maintain a Single Lane, or Obstruction of Traffic?
- Do you suffer from any injuries or illnesses which might affect your balance?
- Were you involved in an accident in which you suffered any injuries?
- Did the Officer mistake nervousness or exhaustion for intoxication?
- Were roadside sobriety tests conducted on a surface that was not flat, dry, and well-lit?
- Did the Officer fail to observe you for 20 minutes immediately prior to the breath test?
Penalties for DUI
Florida has some of the toughest DUI penalties in the country. If you are convicted of DUI:
- You will have a permanent criminal record for the rest of your life
- Your license will be revoked
- You will be placed on probation
- You will have to complete substance abuse classes
- You face possible jail, even on the first offense
- You will often times be required to purchse higher automobile insurance premiums, which depending on your driving record, insurance companies may deem you uninsurable
- If you are not a U.S. Citizen, a DUI conviction can result in deportation
- If this is your 2nd offense or more you could face mandatory jail time
- If this is your 3rd offense or more you could face a felony conviciton and up to 5 years in prison