Driving Under the Influence (DUI)

A DUI arrest does not mean a DUI conviction will occur. Don Pumphrey uses his extensive experience to fight DUI charges in Tallahassee, Leon County and the surrounding counties throughout North Florida. Don Pumphrey has earned certification from the National College for DUI Defense (NCDD) which allows him to keep current on recent changes in the law and the best legal challenges in drunk driving cases. Contact the Law Offices of Don Pumphrey, Jr., to learn how our aggressive approach to fighting DUI cases can make a huge difference for your defense.

Don Pumphrey, Jr., and his team of attorneys are experienced in fighting different types of DUI cases including cases with a high blow on the only breath test machine used in Florida, which is called the Intoxilyzer 8000. Read more about other types of DUI cases including cases involving a blood test or a urine test. in many of these cases, the arresting officer will allege that the driver refused to submit to a chemical test.

If you have been arrested for any first offense of DUI, defending the action aggressively may allow you to protect your driving privileges in the civil action that beings immediately after your arrest, if you allegedly refused to take the breath test or if you blew over the legal limit of 0.08. Don Pumphrey focuses on defending individuals accused of driving under the influence of alcohol or drugs in Tallahassee, Leon County, FL, and the entire Big Bend region of North Florida including Bristol in Liberty County, Crawfordville in Wakulla County, Monticello in Jefferson County, or Quincy in Gadsden County, Florida.

Tallahassee DUI Attorney

Contact us today after a DUI arrest. Find our more about the most common types of DUI offenses including the DUI refusal cases or the DUI breath test cases. Our website also provides a wealth of information about less common DUI offenses such as the DUI blood or urine test case, and DUI with property damage or personal injury. We provide free consultations to help you learn what you need to do today to protect your rights.

You Only Have Ten Days After the DUI Arrest to Contest the Suspension of Your Driver's License

If you were arrested for Driving Under the Influence in Tallahassee, Leon County, FL, you must act quickly to preserve all of your rights. After the arrest you only have ten (10) days to request a DMV Formal Review Hearing to contest the driver license suspension. Your attorney can also help you obtain a 42 day driving permit so that you can continue to drive for business or work purposes while your attorney fights to invalidate the administrative suspension.

DUI Information Center

• Fighting to Exclude or Suppress Parts of the Prosecutor's Case
• What You Need to Know After a DUI Arrest in Tallahassee or Leon County, FL
• Driving Under the Influence Under Florida Statute 316.193
• Types of DUI Punishments and Penalties under Florida Law
• Florida DUI Resources

Fighting to Exclude or Suppress Parts of the Prosecutor's Case

In many DUI cases, the evidence listed in the police reports may not be admissible at trial. Your attorney will fight to exclude or suppress certain evidence including:

• the evidence gained after an improper or illegal stop;
• observations made by the officer during field sobriety testing;
• statements you allegedly made to the officer concerning alcohol or drug consumption;
• evidence that you refused to take a chemical test of your breath, blood or urine; and
• the results of a breath, blood or urine test.

Each piece of evidence excluded by the Court may increase the chances that you will win a motion to dismiss or obtain a "non-guilty verdict" at trial. Even before trial, filing and litigating pre-trial motions remains the best way to force the prosecutor to reduce the charges to a less serious offense such as reckless driving.

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What You Need to Know After a DUI Arrest in Tallahassee or Leon County, FL:

• You only have 10 days from the date of your arrest to request an administrative hearing in order to contest the suspension of your driver’s license.
• Any person who operates a motor vehicle in this state is subject to the “implied consent law.” This means that by driving in Florida, you are consenting to sobriety tests, which include breathalyzer tests, blood and urine testing. If you refuse the chemical testing, certain penalties can apply.
• The “implied consent law” DOES NOT require a person to submit to field sobriety tests often called roadside agility exercises.
• Refusal to take a breath test may lead to an automatic one (1) year driver license suspension the first time you refuse with a ninety day "hard suspension."
• We can fight for your rights if you call 850-681-7777 today to schedule an appointment with an experienced drunk driving defense attorney in Tallahassee, FL, for Leon County and the surrounding areas.

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Driving Under the Influence Under Florida Statute 316.193

Florida law provides for two alternative ways that the prosecutor can attempt to prove the offense:

• Showing that the driver's "normal faculties were impaired" by alcohol or drugs;
• Showing that the driver's blood alcohol level was .08 or above (often called "per se" DUI, or DUBAL).

The punishments and penalties are the same, regardless of which alternative method is used to allege DUI. Although both methods of proving DUI can be alleged at trial, if the defendant is found guilty then the court can usually only sentence the defendant for one count of DUI.

The prosecutor can even charge the offense if you were not driving. For instance, the statute only requires that the prosecutor prove that the individual was driving or in "actual physical control" of the motor vehicle. Individuals have been charged with DUI after pulling over to "sleep it off" in a parking lot. The courts will look at a number of factors in determining whether the evidence is sufficient to overcome a motion to dismiss, including: 

• whether the vehicle is running when the officer approaches;
• whether the hood of the vehicle is hot indicating that the vehicle was recently driven;
• whether the keys are in the ignition;
• whether the keys were located within easy reach of the defendant;
• whether the defendant is sitting in the driver's seat in an upright or reclining position; and
• whether the vehicle is operable or whether it cannot be driven because of a mechanical problem.

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Types of DUI Punishments and Penalties under Florida Law

Florida's statutory scheme provides for enhanced penalties for DUI offenses depending on the number of prior convictions, whether a child was present in the vehicle, whether the breath test reading was over .15, and whether an accident occurred that resulted in property damage or injury to another. Previous DUI and DUBAL convictions from another state are counted.

1. First DUI Conviction

• Fine $500-$1,000, with BAL .15 or higher or minor in the vehicle, not less than $1,000 or more than $2,000
• Community Service: 50 hours
• Probation: Not more than 1 year
• Imprisonment: Not more than 6 months; with BAL .15 or higher or minor in the vehicle, not more than 9 months
• License Revocation: Minimum 180 days
• DUI School: 12 hours DUI School Requirement Evaluation conducted to determine need for treatment
• Ignition Interlock Device: Can be imposed by the court for up to 6 continuous months

2. Second DUI Conviction

• Fine: $1,000-$2000, with BAL .15 or higher or minor in the vehicle, not less than $2000 or more than $4000
• Imprisonment: Not more than 9 months; 2nd conviction within 5 years, 10 days in jail, 48 hours of confinement must be consecutive
• License Revocation: Minimum 180 days; 2nd offense within 5 years after first conviction; 5 year revocation
• DUI School: 21 hours Level II DUI School Requirement with Evaluation conducted to determine need for treatment
• Ignition Interlock Device: Required for a Minimum of 1 year

3. Third DUI Conviction

• Fine $2,000-$5,000, with BAL .15 or higher or minor in the vehicle, not less than $4,000
• Imprisonment: Not more than 12 months; 3rd conviction within 10 years, mandatory 30 days in jail; 48 hours must be consecutive
• License Revocation: Minimum 180 days; 3rd offense within 10 years after second conviction; 10 year revocation
• DUI School: 21 hours Level II DUI School Requirement Evaluation conducted to determine need for treatment
• Ignition Interlock Device: Minimum of 2 years

4. Fourth or More Conviction - Felony DUI Charges

• Fine: Not less than $1000
• Imprisonment: Not more than 5 years
• License Revoked: Permanent revocation
• Other types of felony DUI charges including charges of DUI Manslaugher

5. DUI consequences for a driver under the age of 21

Read more about the consequences and punishments when a person under the age of 21 is charged with DUI. Florida has adopted a much lower legal limit of .02, which is also known as the zero tolerance limit for underaged drivers.

6. DUI with Property Damage

Certain enhanced penalties attach when the driver is charged with DUI that involves an accident causing property damage to another vehicle or non-serious bodily injury to another person. The enhanced penalties include a longer statutory maximum period of incarceration and an enhanced fine. 

7. DUI with Serious Bodily Injury

DUI can be charged as a third degree felony offense if another person is "seriously injured" as a result of the accident, even if that other person was a passenger in the defendant's vehicle. The charge carries with it a statutory maximum penalty of five years in Florida State Prison. 

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DUI Resources

Florida Department of Motor Vehicles - The Florida DMV issues driver’s licenses, license plates and vehicle registration for the state of Florida.

Florida Mothers Against Drunk Driving - MADD is the nation’s largest nonprofit organization working to protect families from drunk driving and underage drinking.

Alcoholics Anonymous – AA is a national association for overcoming alcoholism and alcohol abuse.

Intergroup 5 – Serves District 5, the north Florida area of Alcoholics Anonymous and lists AA meetings.

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The Law Offices of Don Pumphrey, Jr. | Florida DUI Defense Lawyer

For a knowledgeable, experienced Tallahassee DUI defense lawyer to aggressively fight for your defense, contact criminal defense attorney, Don Pumphrey, Jr. to discuss your case. If you've been arrested for DUI in Tallahassee, Leon County, FL, or the entire Big Bend region of North Florida including Bristol in Liberty County, Crawfordville in Wakulla County, Monticello in Jefferson County, or Quincy in Gadsden County, Florida begin your defense now. Contact us today to schedule your free consultation.