Can I refuse to take a breathalyzer or chemical test at a DUI stop?

Yes, you can refuse a breathalyzer or blood test if you’re stopped on suspicion of DUI. However, there’s a good chance you’ll automatically be charged with a DUI for refusing. Florida follows an implied consent law for breath or blood testing if a police officer suspects you’re operating the vehicle under the influence of drugs or alcohol. This means that by holding a Florida driver’s license, you tacitly consent to be tested. So, if you refuse, you may be going directly to jail. If this happens, call a Florida DUI defense lawyer right away, to help you protect yourself from the steep penalties the state imposes for DUI convictions.

Do I need a Florida criminal defense lawyer if I’m not guilty?

Yes! If you’ve been arrested, you need a legal advocate to help protect your rights and protect you from being wrongly convicted. A lawyer can ensure that your civil rights aren’t violated, like the right to remain silent in police questioning and the right of protection from unlawful search and seizure. A lawyer can help get you out of jail on bond, challenge your arrest, and bring evidence before a judge demonstrating that you did not commit the crime. Without a lawyer, you’re alone, facing the powerful Florida criminal justice system.

Is Florida drug court an option for me?

Maybe! It’s definitely something that your drug defense lawyer can help you explore. Drug court is an option for people who are charged with lesser offenses, like simple possession. Therefore, not an option for someone charged with felony drug trafficking or manufacturing, for example. The purpose of drug court is rehabilitation and sobriety, helping people make positive changes in their lives, stay clean, and keep out of trouble with the law. We’ll certainly help you learn more about this alternative to jail in your initial consultation.

What are some defenses that my Florida theft lawyer may use to help me?

The defense that your attorney uses may depend on your situation. We may assert that you did not intend to steal or did not know that the property you had in your possession was stolen. We could also contest the methods the police used to investigate; you may have been a victim of an illegal search and seizure or even mistaken identity. Other defenses we’ve successfully deployed include challenging the evidence itself. We investigate the case on our own and gather our own evidence to help exonerate you.

What kinds of crimes would a Florida federal criminal defense lawyer handle?

Federal crimes typically involve crossing state lines, such as credit card or wire fraud, mail fraud, or drug trafficking or manufacturing. Computer crimes and sexually-based computer crimes, like the dissemination of child pornography, are usually handled in federal court, as are many embezzlement or misappropriation of funds cases. Public officials charged with public corruption, including police officers, may also be tried in federal court rather than state court. It’s important to work with an attorney experienced in federal court, as the rules of evidence and criminal procedure differ from state rules.

Blog | Page 70 of 73 | StechLaw Criminal Defense

Importance of a Federal Criminal Defense Attorney

Federal criminal court has many differences compared to the local or Florida state system. Plea recommendations and pre-trial strategy could differ given the evidence that conviction rates are higher. Hiring an experienced, board certified federal defense attorney as soon as possible could greatly increase your chances for a more favorable outcome.
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You Shouldn’t do a Long Time for that Drug Crime

Mandatory minumum prison sentences for drug crimes fill our prison systems with non-voiolent criminals, often times minor offenses. Evidence also suggests the system is not deterring drug crimes. Florida also has its own mandatory minumum sentence laws that should be ammended, allowing judges more discresion during sentencing to lighten the load on our prisons.
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Maintaining Employment After an Arrest

Besides the interaction with the justice system, there are a lot of things a criminal defense attorny can do to help an arrested person keep the situation from affecting other aspects of their life. An experienced attorney can help mitigate the public exposure of your arrest to the internet as well how it might affect your job or military position.
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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.
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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.
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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.
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Silence Can be Incriminating

When facing the prospect of questioning by police in any matter, if you have been involved in a crime or not, invoke your right for an attorney. While you do have a right to simply remain silent, that silence can speak volumes during a trial.
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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.
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Out of State Residents With Warrants in Florida

Warrants issued in Florida often go unnoticed for an extended period of time if the person is not located in the state. Awareness of the warrant may surface during a routine activity years later such as applying for a job. A lawyer in Florida can help you immensely in taking care of your obligations pertaining the warrant.
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Only Talk to Your Attorney When Accused of Embezzlement

Employee financial fraud, or embezzlement, occurs when someone with consent is suspected of mishandling a business's money. The reasons vary from explicit theft from the company to a simple miscommunication about how the funds should be handled. Regarless of intent or guilt, if you are suspected of any form of embezzlement, immediately stop handling the money and don't speak to anyone except an expert attorney.
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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.
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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.
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Blog

Importance of a Federal Criminal Defense Attorney

You Shouldn’t do a Long Time for that Drug Crime

Maintaining Employment After an Arrest

Tampa Police DUI Unit Under Investigation for Overzealous Arrests

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

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

Silence Can be Incriminating

NTSB Blood Alcohol Recommendations Could Put More Innocent at Risk

Out of State Residents With Warrants in Florida

Only Talk to Your Attorney When Accused of Embezzlement

A Private DUI Lawyer Can Help You Keep Your License

Attorney Representation Will Benefit Those Charged With Enhanced DUI in Tampa

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Can I get a DUI charge reduced or dismissed?

What does it mean to be a board-certified criminal trial lawyer?

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