Experienced Florida Driving Under the Influence / Driving While Intoxicated Defense Attorneys
Our criminal defense and DUI/DWI lawyers at SMITH & STALLWORTH, Attorneys at Law, have more than 15 years of combined legal experience handling DUI/DWI matters in Tampa and across Florida. We understand where you stand. Being arrested is a difficult experience. When a DUI Conviction threatens your future, your job, your ability to support your family or even your freedom, you probably have some questions that you need answered immediately. Rest Assured. We Can Answer These Questions & More…
“What Am I Facing?”
Severity of DUI and DWI laws in our state and across the nation are trending upward, becoming much stricter, and the varieties of punishments are becoming increasingly harsh. A DUI or DWI conviction can result in steep fines, suspension, or revocation of your driver's license, increased insurance rates, vehicle impoundment, probation, house arrest, and even extended jail time.
*One Drink= 1 oz. 100 Proof Liquor, 4 oz. Table Wine, or 12 oz. Beer
SMITH & STALLWORTH, can help you understand all facets of what you're up against as a DUI/DWI defendant. We will put all of our considerable resources and experience behind you to seek a positive resolution in your case. We know that there is more than one defense that can be used to defend you against Driving Under the Influence / Driving While Intoxicated charges. That is why we always analyze each individual phase of your criminal charges
“Did The Officer Have A Good Enough Reason To Stop Me?”
At SMITH & STALLWORTH, we begin with the initial traffic stop that led to your ultimate arrest. We can challenge the officer’s perception of your driving pattern prior to the stop. We investigate the maintenance records of the radar gun that allegedly captured you speeding, and determine the credibility of the arresting officer to make sure that he or she really had a reasonable suspicion to pull you over in the first place. The officer must follow strict guidelines when conducting a DUI/DWI Traffic Stop, especially when there has been a traffic crash.
“What About The Roadside Sobriety Tests?”
From the One-Legged Stand, the Walk-and-Turn, and the Finger-to-Nose, we can challenge each and every standard Field Sobriety Test (FST). There are many factors that can lead to an officer’s mistaken interpretation of impairment, to include: nervousness, physical disabilities or the inexperience of the officer administering the tests. The officer may have had you perform the horizontal gaze nystagmus test, where you were asked to follow the top of a light or pen with your eyes only, but many people do not realize that this test is often deemed inadmissible in trial.
Our investigation also includes a thorough, frame-by-frame examination of any surveillance videos captured from the dashboard camera of the officer’s patrol car, allowing us to dispute the field sobriety tests you were forced to perform. We pore over the arrest reports, officer’s notes, videos, and more, to make sure that he or she really had probable cause to arrest you for Driving Under the Influence / Driving While Intoxicated.
“What If I Failed The Breath Tests?”
We can challenge your Breath Test Results. They may be inaccurate or unreliable due to improper maintenance or lack of proper certification. We will address the various reasons for an inaccurate reading, which may include: medical conditions, lack of food or sleep, or the lack of proper training or licensing of the operator.
We will examine your actual Breathalyzer / Intoxilyzer results, the maintenance and calibration records for the machine, and the certification of the officer performing the breath test. If you have provided a urine or blood sample for Blood Alcohol Content (BAC) analysis, we will also review and scrutinize those results, as well as the procedures and history of the lab performing them.
No Machine is 100% accurate!
In fact, the Breath Test Machine (Breathalyzer / Intoxilyzer) is only checked once per month, despite the hundreds of people who are forced to use it night after night. We will challenge any problems with the machines and any discrepancies in your case. And if the Machine is not in compliance with Florida Law, we may be able to file a Motion to Suppress & Exclude your breath test results altogether. As an informational tool for you to check the accuracy of your breath test results, below you will find a chart that gives you an approximation of how various amounts of alcohol affect your blood alcohol concentration based on your approximate weight.
“What If I Refused?”
We can contest the Refusal, if you refused to provide a breath, blood, or urine sample for Blood Alcohol Content (BAC) analysis. A refusal to submit to a breath, blood, or urine test may result in a suspension of your license or may even be a separate crime itself. However, you are entitled to an administrative hearing to contest a suspension based on your refusal. We can file all the required paperwork for you and represent you at that hearing.
“Is There Any Chance My DUI Case Can Be Dropped?”
With our knowledge, training, and experience, we may be able to negotiate a reduction of your Driving Under the Influence or Driving While Intoxicated charge down to reckless driving or careless driving. Based upon the facts of your case, we may even be able to have all charges against you dismissed.
If police failed to follow the letter of the law in arresting you for drunk-driving, or if your civil rights were somehow violated, we may be able to have the charges against you lowered or dropped. Even if we cannot negotiate with the prosecution to get these charges dropped, you won’t have to come to court until a resolution to your matter is imminent. We represent your rights and interests at court hearings, and you won’t need to attend court until the very end. Get in touch with our Tampa law office today to save your car, your license, and your valuable time!
“Can I Drive To Work or School Now?”
You have only 10 DAYS to request a formal review to contest your license suspension. You must act now! You can only legally drive for 10 days following an arrest for DUI, prior to your license being suspended. We can petition the department of administrative reviews for you in order to obtain a Temporary Driving Permit which will extend your driving privileges pending the outcome of your administrative hearing, often set months away.
“How Can I Afford A Private Attorney?”
- Free Consultations
- All Major Credit Cards Accepted
- Limited Payment Plans Available
HILLSBOROUGH COUNTY (TAMPA, FLORIDA ) DUI SCHOOL
Following an arrest for DUI in Hillsborough County (Tampa, Florida) a person may be required to attend DUI School prior to obtaining a business purpose only license or as a condition of their probation. DUI School educates individuals charged with DUI about the consequences of a DUI in order to prevent a repeat offense.
In order to complete DUI School in Hillsborough County (Tampa, Florida), a person will be required to sign up for DUI Counterattack. A person can register for DUI Counter attack online and attend classes in person. Please see the locations below for DUI Counter attack.
LOCATIONS
Tampa
4711 North Hubert Ave., Tampa, FL 33614
813-875-6201
Plant City
classes are currently being held at the Holiday Inn Express
2102 N. Park Road, Plant City, FL 33563
Brandon
1063 E. Brandon Blvd., Brandon, FL 33511
813-571-4040
INFORMATION ABOUT DUI COUNTERATTACK (LEVELS I AND II)
DUI Counterattack usually involves a Level I DUI School, which is designed for first time offender. Level I DUI School can be completed over the course of a weekend. However, for repeat offenders, a Level II DUI School may be required, which could take several weeks to complete. The person taking Level II DUI School will be instructed on the consequences of DUI and given information regarding the effects that alcohol could have on the body. It may also be determined that a repeat offender requires additional counseling. Counseling classes are mandatory and failure to attend usually results in a person being disqualified from the program.
Upon completing Level I DUI School or Level II DUI School, a Certificate of Completion will be issued as proof of completion of the course. The Certificate of Completion can then be used to apply for a hardship license with a Hearing Officer at the Bureau of Administrative Reviews. In the event that the person is placed on probation, the Certificate of Completion must be presented to the probation officer as proof of completion of the DUI Counterattack.
TO ANSWER YOUR QUESTIONS:
“What are my options?” • “Am I facing Incarceration?” • “Is probation or house arrest an option?” • “How long will I be able to drive?” • “Will I have a criminal record?” • “Will this affect future job applications?” • “Will I have to go to court?”
“How can I fight this charge?” • “What’s in my best interest?”…
CHOOSE A FORMER PROSECUTOR - “It Just Makes Sense!”
With tough questions like these before you, it just makes sense that two Former Prosecutors have the answers. Don't face your DUI/DWI arrest alone. Attorney Courtney Smith and Attorney Mark Stallworth are well-known for dedicating themselves to intense examinations of all aspects of your kind of case, to get to the truth and keep law enforcement officials honest in your DUI/DWI defense.
About Your DUI Criminal Offense Case
We want to learn about your case immediately. Call us or submit the facts of your arrest in our contact form now!
Time is of the Essence – Contact SMITH & STALLWORTH today
In any criminal matter, time is truly of the essence. An investigation must begin immediately to preserve relevant evidence, and to ensure that you have the strongest case possible. If you or a loved one have been charged with a crime, or need aggressive criminal defense, you need SMITH & STALLWORTH on your side. Never wait when your health, future, life, and liberty are on the line – contact us today for your free consultation!
We're available 24 hours a day, 7 days a week at 813-223-7799, or toll-free at 877-888-JURY (5879). When you call us, you will speak with an actual attorney, not an answering service.
