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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:

The 2018 Florida Statutes

Contact an experienced Tampa DUI lawyer today for a free consultation by calling Pallegar Law, P.A. at 813-444-3912.

Client Reviews
Pallegar Law, always put my family first, their team always explained things in full detail, and got the very best results possible. They genuinely care. Our family will forever be grateful. Thank you. Dennis
He took me on and from the word go communicated everything in a timely and professional fashion about how everything is going to be played it; and then delivered word for word. The best part about them apart from their professionalism and efficiency would have to be their honesty which lets you entrust them, which in today's day and age is a rare virtue. Hemant
Excellent communication skills between the staff and client. I always felt I was in the know as to what to expect next. Ajay was up front on possible outcomes of the case and did not promise unrealistic results. Hope to not need them again, but definitely would recommend them. Steve
Ajay made me feel like I was the only case he had, and that he put all of his time making sure I was properly defended. Thanks to Ajay professionalism and attention to detail all my charges were dropped. I one hundred percent recommend Ajay Pallegar as your next defense lawyer. Eric