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 72 of 73 | StechLaw Criminal Defense

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.
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‘Stand your Ground’ up to interpretation

Surprising outcomes from attorney's using the "stand your ground" defense
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Even cops can be arrested for DUI

Anyone, including police officers, can be arrested for DUI.
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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.
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Keep your vehicle up to date. . . and squirrels out of your shirt

Not maintaining your vehicle and reckless driving can lead to repercussions.
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Not All Tampa DUI Checkpoints Are Legal

Just because it's a Tampa DUI checkpoint, doesn't make it legal.
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To Blow or Not to Blow

Tampa dui lawyer Ben Stechschulte recommends not submitting to a breath test.
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The Honorable U.S Magistrate Judge Anthony Porcelli appointed Tampa Criminal Attorney Ben Stechschulte to the prestigious Federal Criminal Justice Act Federal Court conflict list.

Tampa criminal lawyer Ben Stechschulte was recently appointed to the prestigious Criminal Justice Act Panel to represent individuals charged with Tampa federal crimes.
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Tampa Criminal Attorney Ben Stechschulte to appear Tomorrow on Fox 13’s Good Day Tampa Bay Ask a Lawyer Segment

Tune in Thursday to Fox13's Good Day Tampa Bay, to see Tampa Criminal Lawyer Ben Stechschulte on the Ask a Laywer Segment.
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I am Innocent, Now What do I do?

As most Tampa Criminal Defense Attorneys can attest, the criminal justice system can be cruel and unforgiving especially if you are Innocent. Hiring an Experienced Tampa Criminal Lawyer is the first and most important step you should take to defend yourself.
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Arrested for DUI in Tampa, Smile You’re on Candid Camera

According to most Tampa DUI Defense attorneys, the videotape of a Tampa DUI investigation can make or break someone's case.
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Mr. Stechschulte was one of only 29% of Board certification test takers to pass the Board Certification Criminal Trial Law Test

According to the Florida Bar News, Mr. Stechschulte was one of 12 out of the 42 Board Certification Criminal Trial Law test takers to pass this difficult examination.
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Blog

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.

‘Stand your Ground’ up to interpretation

Even cops 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

Keep your vehicle up to date. . . and squirrels out of your shirt

Not All Tampa DUI Checkpoints Are Legal

To Blow or Not to Blow

The Honorable U.S Magistrate Judge Anthony Porcelli appointed Tampa Criminal Attorney Ben Stechschulte to the prestigious Federal Criminal Justice Act Federal Court conflict list.

Tampa Criminal Attorney Ben Stechschulte to appear Tomorrow on Fox 13’s Good Day Tampa Bay Ask a Lawyer Segment

I am Innocent, Now What do I do?

Arrested for DUI in Tampa, Smile You’re on Candid Camera

Mr. Stechschulte was one of only 29% of Board certification test takers to pass the Board Certification Criminal Trial Law Test

Video Resources

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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