Whether you are charged with a felony or misdemeanor drunk driving charge, we will thoroughly review the discovery of your case, beginning with the arrest, to examine whether any of the evidence could be suppressed due to either an unlawful arrest or violation of your search and seizure protections. We will also represent you in the DMV Administrative hearing and will subpoena the arresting officer to cross-examine them on possible procedural mistakes. It is important to note that this cross-examination takes place outside of the prosecutor’s presence, making the hearing an important and critical opportunity to impeach the credibility of the arresting officer by causing them to testify to the details that conflict with what they wrote in the police report.
10 Day Rule
You have 10 days from the date of arrest to do one of two things. First you can request an Administrative Hearing (formal or informal) in order to determine if the officer had probable cause to arrest you for a DUI. The second option is to forfeit your right to a review hearing in exchange for having a Business Purpose Only (BPO) license issued immediately. This option only applies if you have never had a prior DUI administrative suspension or DUI conviction. You must enroll in DUI School and show proof to DHSMV in order to obtain your BPO license. Failure to request either option within 10 days of your arrest will result in you losing your right to challenge the suspension.
Driving Under the Influence of Marijuana
It is illegal to drive a vehicle while under the influence of marijuana, other drugs, alcohol, or a combination of substances. “Under the influence” means that the driver was in actual physical control of the vehicle while affected by the drug (or combination of drugs and alcohol) to the extent that the driver’s normal faculties are impaired. (Fl. Stat. Ann. § 316.193(1) (a). We have argued successfully that the client was not under the influence of marijuana while driving, the state will argue that any amount of THC in a person’s blood or urine proves impairment; that is not the truth, marijuana can stay in some peoples systems up to 30 days.
Each case is different and we have seen a lot of different ways the prosecutors try to establish impairment through evidence of THC metabolites, however, we will continue to press these issues in the court. Please call Attorney Amarosa first to discuss your DUI charges, to plan out you defense and to see what may be done about suppressing the evidence that has been collected against you by law enforcement.
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Amarosa Law Firm P.A.
3825 Henderson Blvd.
Suite No. 207
Tampa, Florida 33629