As a Tampa DUI Attorney I am routinely asked the question: should I blow or should I not blow into the breath test machine? Based on my training and experience I can offer the following guidance. My advice is if you have had more than one drink and/or feel the affects of alcohol DO NOT BLOW! So to summarize, if you have had more than one drink DO NOT blow into the breath machine. Alternatively, if you feel the affects of the alcoholic beverage and/or drug DO NOT blow into the breath machine.
Keep in mind that in order for the prosecutor to prove you are guilty of DUI, he or she must be able to prove beyond a reasonable doubt that you were in actual physical control of the motor vehicle and that you were driving with a breath alcohol level above .08 or that you were driving to the extent that your normal faculties are impaired. The standard is to prove either or and not both. Your ability to see, judge distances, respond to questions coherently while displaying an understanding of the question asked, think, listen to directions are all considered basic normal faculties law enforcement officers are trained to observe when investigating potentially impaired drivers. Therefore, technically speaking you can still be found guilty of DUI if you had one drink in the event the prosecutor can prove that your normal faculties are impaired. Bottom line is it is not necessarily how much you had to drink but how it affects your normal faculties which are the tools required to safely operate a motor vehicle.
If you or someone you know has been charged with the crime of DUI, contact an experienced Tampa DUI attorney at Pallegar Law, P.A.
A person under the age of 21 maybe charged with DUI if his or her breath or blood alcohol level was above .02 and they are in actual physical control of a motor vehicle.
Being arrested for DUI is a scary experience. It does not matter if this is your first arrest or if it is your third or fourth arrest it can be nightmare. The crime of DUI is unique in that it does not discriminate. Anyone can be arrested for DUI even if they had the best intentions.
At Pallegar Law, P.A., we try to use our knowledge of the system and the process a case goes through to alleviate your fear. We will explain to you in an understandable way the process of a DUI case and outline all possible defenses early on.
A person maybe charged with misdemeanor DUI or a felony DUI. In Florida, most DUI arrests are typically misdemeanor DUIs unless the DUI is a person’s third offense within ten years or fourth offense or there was serious bodily injury to someone else.
If you are convicted of a third DUI within ten years or a fourth or subsequent DUI it qualifies as a third degree felony. The punishment on a felony DUI with no death is capped at five years and/or $5000 in fines.
Section 316.193 of the Florida Statutes explains the DUI penalties in Florida:
- Blood Draw and Breath Test in DUI Cases
- Business Purpose Only Drivers License Restriction
- Consequences of DUI Arrest
- DUI School and License Suspension
- Defenses to DUI
- Drivers License Suspension after a DUI arrest
- Florida Department of Highway Safety and Motor Vehicle (DHSMV)
- Ignition Interlock Devices
- Implied Consent Law in Tampa and Sarasota
- Mandatory Vehicle Impoundment After a DUI Conviction
- SR-22 and FR-44: Insurance Implications of a DUI Conviction and Traffic Violations
- Standardized Field Sobriety Exercises
- Florida DUI Frequently Asked Questions