Tampa Criminal Defense Law Firm, Law Offices of Ben Stechschulte, Blog

Tampa DUI Attorney

DUI and Marijuana: Challenging the Field Sobriety Tests

In November 2016, Florida joined a growing number of states who have legalized the use of marijuana for medical purposes. Florida’s statute allows the use of medical marijuana and the state’s Department of Health is drafting guidelines to regulate the process. In addition to this state-wide effort, the City of Tampa recently decriminalized the possession of marijuana for amounts up to 20 grams, re-categorizing it as a civil infraction. Marijuana users who are stopped under suspicion of a DUI pose unique challenges to law enforcement agencies to legally prove the person was too impaired to drive safely.

Defending Wrong Way DUI Drivers in Tampa

Challenging Field Sobriety Tests

Police officers use field sobriety tests to confirm their impression that a person is driving under the influence of drugs or alcohol.  An experienced DUI attorney knows that a police officer cannot testify in court as to the results of this test unless they are a certified Drug Recognition Expert, and even then, the expert can be challenged.

Defense of Repeat DUIs

Repeat DUI arrests bring harsher penalties for each conviction. In some counties, convicted offenders may be able to avoid jail time with sentencing options. Hire an experienced criminal defense attorney who understands these penalties and the different local and state sentencing options.

DUI Check Points – What You Need to Know

The defense of a DUI is different than an arrest that occurred during a DUI Checkpoint. Contact an experienced DUI defense attorney who has experience in checkpoint cases and understands the details of the DUI laws.  

Avoid an Alcohol-Related Arrest at Gasparilla

Pirates and parade lovers will be descending on Bayshore Blvd. for the Gasparilla parade.  Many will be enjoying alcoholic beverages throughout the day while celebrating Tampa’s biggest celebration of the year. Law Enforcement will be increasing their patrol and watching for underage drinking, open container or DUI violations.  

DUI Without Driving

People who are under the influence and are sitting or sleeping in their car without the engine running can be charged with Driving Under the Influence (DUI).  In Florida, the law sates if it shows you are in physical control of the vehicle even if the car is not in motion or the ignition is off you could be charged with DUI.  When determining to make an arrest, law enforcement will take into account where you are resting in the car, if the position of the keys is close enough to you to start the engine and the distance of your hand to the ignition.

Florida DUI & Medical Marijuana

With the proposed legalizing of Medical Marijuana, Tampa DUI Attorney explains how you cannot be convicted for marijuana-related DUI simply because you have detectable levels in your system.

Defending Florida Drug DUI Cases

Beside the influence of alcohol, drivers in Florida can also get arrest for driving after taking either legal or illegal drugs.  These type of cases take a specialized method of defense considering the possible inexperience of law enforcement, imprecise testing methods or challenging the timing of the drug's influence.

DUI For Sleeping Behind the Wheel in Florida?

If you think twice about driving after a few too many and pull over to the side of the road to be safe and "sleep it off" for a while, you can still get arrested for DUI.  Make sure you read the advice we offer in this blog post.   We also have advice for those who fall asleep at a traffic light.

Tampa Police DUI Unit Under Investigation for Overzealous Arrests

Parts of the Tampa police department are under investigation for arresting drivers for even the slightest suspicion of driving under the influence of alcohol.  Unfortunaly, there are also a few other issues that hinders the public from recieving the fairest possible treatment during a DUI investigation.

Only a Few Ways in Which Florida Police can Test for Alcohol With Blood Draw

Thankfully there are very limited instances when police in Florida can use drawn blood to determine the alcohol level of drivers suspected of driving under the influence. Otherwise they need to obtain a search warrant and a decision by the US Supreme Court makes that highly unlikely.

Don't Take Breathalizer: New Florida Law Prompts Advice From a Tampa DUI Lawyer

A new Florida law reducing the amount of "automatic" time a driver's license can be suspended for failing to take a breathalizer when requested prompts a DUI attorney to recommend aganist submission.

NTSB Blood Alcohol Recommendations Could Put More Innocent at Risk

The National Transportation & Safety Board proposed changes to the maximum blood alcohol level that would result in a legal driving amount.  Obviously saving more lives would be desireable, but we have to make sure the system also does everything possible to protect the innocent.  

A Private DUI Lawyer Can Help You Keep Your License

One of the biggest challenges of getting a DUI is the possibility of dealing with a suspended drivers license.  A good private defense attorney should know the steps to take that will give you the best chance to keep your driving privileges while the case is pending and thereafter.

Attorney Representation Will Benefit Those Charged With Enhanced DUI in Tampa

You can be charged with an enhanced DUI if your blood alcohol level was .15% or greater.  Possible penalties can include increased fines, jail time, and use of an ignition interlock device.  Hiring an attorney to help you deal with the prosecutor can greatly increase your chances of avoiding some of these penalties.

DUI Blood Testing Varies Among the States

Texas' "No Excuses" law allows police to draw blood on a reasonable suspicion.

Possible Closure for the Graziano Family

Charges filed from accident that killed the youngest child of Debra Graziano

Trooper Falsifying Tampa DUI reports costs cop his job

Claiming belligerence and the smell of alcohol when there was none results in the dismissal of a Florida Highway Patrol Trooper

Police Officers are human too

Pinellas Park police officer resigns after being arrested for an above .15 DUI charge

The Tampa Bay Business Journal recognizes Tampa Criminal Lawyer Ben Stechschulte as one of only 12 Tampa Lawyers to become Board Certified Experts in their respective legal fields.

According to the Tampa Bay Business Journal, Tampa Criminal Lawyer Ben Stechschulte was one of only 12 lawyers in all of Tampa Bay to become a Board Certified Expert in his respective legal field.  

Even cops can be arrested for DUI

Anyone, including police officers, can be arrested for DUI.

Law Offices of Ben Stechschulte proudly announces that Mr. Stechschulte was recently awarded Avvo's prestigious Clients' Choice Award for 2012

Tampa Criminal Defense Lawyer and Tampa DUI attorney Ben Stechschulte was awarded AVVO's Clients' Choice Award for 2012.

Not All Tampa DUI Checkpoints Are Legal

Just because it's a Tampa DUI checkpoint, doesn't make it legal.

To Blow or Not to Blow

Tampa dui lawyer Ben Stechschulte recommends not submitting to a breath test.