DUI Lawyer Chris Beardslee

DUI Lawyer 

After an arrest for Driving under the Influence (DUI), call Chris to discuss the best strategies to fight the charge. 

The Law Office of Chris Beardslee makes it easy to schedule a phone or office consultation so you can speak directly with an attorney. During the COVID-19 pandemic, we are offering clients more remote conferencing options on Zoom, but in-person consultations are available upon request. 

During the consultation, we can help you understand the best ways to protect your rights at every stage of the case. 

Call 727-310-1975 to schedule your free consultation. 

Hire a Local and Trusted DUI Defense Attorney 

Hiring an experienced attorney early in your case is crucial to protecting your privilege to drive and increasing your chances of avoiding a conviction. 

At the Law Office of Chris Beardslee, Chris takes a full-service approach to defending each aspect of the case including: 

• Demanding the formal review hearing to protect your driver’s license from the administrative suspension within ten (10) days after the arrest
• Attending the first court date (called the “arraignment”)
• Filing and litigating all pre-trial motion hearings which can include a motion to suppress or a motion to dismiss the charges
• Negotiating with the prosecutor from the State Attorney’s Office to resolve the case for lesser charges such as reckless driving 
• Conducting a jury or bench trial to fight for a “not guilty” verdict 

Chris represents men and women arrested for drunk and impaired driving in Hillsborough County, Hernando County, Pasco County, Pinellas County, and Polk County. 

The Legal Definition – Two Alternative Ways of Proving DUI

The statute provides for two different theories that the prosecutor might use in an attempt to prove that you are guilty.

First, the prosecutor can attempt to show that you were under the influence of alcohol or an intoxicating substance to the extent that your normal faculties were impaired due to alcohol intoxication or drug impairment.

Alternatively, the prosecutor can attempt to show that your performance on a chemical test, such as a breath or blood test showed a blood-alcohol level of .08% or above. Regardless of the theory, the potential penalties are the same.

Enhanced penalties apply if the prosecutor proves that your breath test reading was over .15. Those enhanced penalties might include the dreaded ignition interlock device and a higher fine.

The DUI penalties are more serious if the case involved property damage or a child passenger being in the vehicle.

If you have been arrested for drunk driving (“DUI”), including a breath test, urine test or blood test case, a refusal case, or crash with property damage, then call Chris to discuss the case today

When is a DUI a Misdemeanor or a Felony? 

Florida law classifies the vast majority of cases in Florida for driving under the influence of alcohol or drugs as a misdemeanor. A DUI cannot be filed as a felony unless the defendant:

• has two prior DUI convictions  with one prior conviction being within the last ten (10)  years (called the “3rd DUI within ten (10) years”);
• has three prior DUI  convictions in the lifetime of the driver (4th lifetime DUI); or
• caused or contributed to a crash with death or serious bodily injury to another.

The penalties for a DUI conviction become enhanced if the prosecutor proves any of the following aggravating factors beyond a reasonable doubt:

• a third DUI outside of ten (10) years of any prior DUI;
• a second DUI within five  (5) years of a prior DUI;
• a crash with property damage or non-serious personal injury;
• a child passenger under the age of 18 years old; or
• a BAC reading at .15 or above.

Refusal to Submit to the Breath Test

When the State of Florida attempts to prosecute a Driving Under the Influence case, the strongest evidence is usually the results of a chemical test, including a breath test, blood test, or urine test.

The prosecutor will argue that the criminal test shows intoxication or impairment because of the presence of alcohol, prescription drugs, or a controlled substance.

If the driver refuses to submit to a chemical test (called a “DUI Refusal BAC” in Tampa, Hillsborough County, FL), then the State no longer has that evidence.

Instead, the prosecutor will attempt to admit evidence that the driver “refused” to submit to the test and other circumstantial evidence.

The prosecutor will argue that this refusal demonstrates a “guilty conscience” or the driver’s belief that if he submitted to the chemical test, the test results would show that he was intoxicated from alcohol or impaired by prescription drugs or other controlled substances.

In determining whether to admit or exclude the evidence that the driver refused to submit to the test the Court will consider state and federal constitutional provisions, the rules of evidence, common law provisions, statutory rules, and administrative rules.

Furthermore, if the law enforcement officer violates a driver’s constitutional or statutory rights to an attorney before the blood, breath or urine test, then the Court can exclude or throw out any evidence that the defendant declined to take the chemical test.

Many refusal cases are difficult for the prosecutor to take to trial because the prosecutor’s most important piece of evidence, the test result, does not exist. If you have been charged with DUI refusal in or around Hillsborough County, then talk with an experienced attorney before you decide how to proceed with your case.

If you have previously had your driver license suspended for refusing to submit to a chemical test, then the consequences for a second or subsequent refusal after a DUI will probably be an additional criminal charge for a first-degree misdemeanor.

In July of 2002, the Florida Legislature criminalized a second refusal to breath, blood, or urine test. This means that if you refused to take a breath test a second time, you might find yourself charged with two separate offenses, DUI and a “second refusal to submit to DUI testing” charge.

Even if you win the DUI case, you might be convicted of the refusal charge. The appellate courts have yet to fully address the constitutionality and limitations of this new criminal offense for a “second refusal to submit.”

Defenses exist to fight this separate charge of refusing to submit to a chemical test for the second time. Contact attorney Chris Beardslee to discuss defenses that may be available under Florida law for the particular facts and circumstances of your case.

Why DUI Cases in Florida are so Serious

For a DUI and BUI charge under § 316.193(9) and 327.35(8), Fla. Stat., the defendant is not permitted to bond out of jail until:

• the blood-alcohol level or breath-alcohol level is less than 0.05; or
• eight (8) hours have elapsed from the time of the arrest.

Although a first DUI is a misdemeanor, a conviction comes with minimum mandatory penalties that are typically more severe than most third-degree felonies.

The trials tend to be more complicated than many second-degree felony charges because of the nature of the scientific evidence, including field sobriety testing and chemical testing of the breath, blood or urine.

Additionally, DUI cases are subject to extreme jury prejudice due to “media blitz” publicity and the pressures from citizen action groups such as Mother’s Against Drunk Driving (MADD).

DUI trials are complicated because many of the prospective jurors are nondrinkers, reformed alcoholics, or have religious reasons not to drink alcohol.

Under Rule 6.290 of the Florida Rules of Traffic Court and section 316.656, Florida Statutes, no court shall suspend, defer, or withhold adjudication of guilt or the imposition of sentence for the offense of driving or being in actual physical control of a motor vehicle (DUI) while:

• having a blood or breath alcohol level over the legal limit of .08; or
• while under the influence of alcoholic beverages, any chemical substance outlined in section 877.111, Florida Statutes, or any substance controlled by chapter 893, Florida Statutes.

Since the court cannot withhold adjudication, the person convicted of DUI can never seal the criminal record.

For all of these reasons, you need a local DUI defense attorney focused on fighting these unique types of cases. Call Chris for a free consultation so that you can find out more about his qualifications for DUI defense in Tampa, FL.

Fighting Administrative Suspension of Your Driver’s License

The first stage in a DUI case is protecting your privileges to drive. After the arrest, the officer will take your driver’s license and issue you a notice of suspension if:

• you blew over the legal limit of .08; or
• you refused to take the requested breath, blood or urine test.

Your DUI citation operates as the notice of suspension. The officer will send the notice to the Florida Department of Highway Safety and Motor Vehicle (DMV).

The citation itself operates as a 10-day permit so you can continue to drive during the first ten (10) days after your arrest. During that ten (10) day period after the arrest, you must decide between the following options:

• retain an attorney to demand a formal review hearing and obtain your 42-day permit so you can continue to drive without interruption;
• waive your right to contest the suspension and request immediate reinstatement (requires that you first enroll in DUI school and personally appear at the Bureau of      Administrative Review Office with the proof of enrollment); or
• do nothing and suffer the 30 or 90-day hard suspension during which time you can not drive for any reason (after that you can request a “business purpose only” license for the rest of the suspension period).

Call Chris to find out why he ALWAYS recommend demanding the formal review hearing within that ten (10) day period.

Because you must decide how to protect your driving privileges and take action quickly, it is essential to retain a criminal defense attorney during this ten (10) day period after your arrest.

Reasons the Administrative Suspension is Invalidated

Florida law requires that the hearing officer SHALL invalidate the suspension if the arresting officer or the breath test operator fails to appear. Other reasons the hearing officer might invalidate the suspension might include:

1. the arresting officer does NOT submit the police reports and other required documents to the DMV in time or the hearing;
2. insufficient evidence to support one of the issues in the case;
3. an illegal stop, detention, or arrest occurred;
4. while one breath or blood test reading might be at or above .08, the other reading is below .08;
5. the officer gave incorrect advice or information about the consequences of taking the test or refusing;
6. the defendant recanted his refusal to submit promptly and after that agreed to take the chemical test;
7. the officer failed to read Miranda warnings before a custodial interrogation;
8. the officer forced or compelled the defendant to participate in field sobriety exercises;
9. the twenty-minute observation period was not followed just before the breath test;
10. the breath test machine did not return a valid reading over the legal limit;
11. the breath test operator or agency inspector did not have a valid permit; or
12. the authorities did not properly inspect or maintain the breath test machine.

Even if all the witnesses appear at the hearing, your attorney can raise other objections. Your attorney can move to invalidate the suspension because of a lack of competent and substantial evidence.

If you win the hearing, then your administrative suspension will be invalidated (vacated or set aside). Having the suspension invalidated means the administrative suspension is removed from your driving record as if it never happened.

If you win the hearing, we will give you a copy of the order. If you take the order to the DHSMV, then you can obtain a duplicate copy of your driver’s license. If the hearing officer refuses to invalidate the suspension, you can appeal that decision to a Circuit Court judge through a petition for a “writ of certiorari.”

The only downside to contesting the administrative suspension is that if you are not successful, then a hard suspension will start. During that time, you cannot drive for any reason.

At the end of the hard suspension, as long as you have enrolled in DUI school and are otherwise eligible, you can obtain a “Business Purpose Only” license for the rest of the suspension period so that you can drive to and from work, school, and church.

Even if the suspension is not invalidated, the client still wins because the attorney has gathered evidence and testimony that might lead to a better result in the criminal case.

Contact Chris Beardslee, to learn more about fighting the administrative suspension.

Length of the Administrative Suspension

The length of the administrative suspension is listed below. The “hard period” is the period during which you are not eligible for a hardship license.

First DUI Offense

• 6 months (30 day hard period) if you took the chemical test; or
• 12 months (90 day hard period)      if you refused.

Second DUI Offense

• 12 months (30 day hard period) if you took the chemical test;
• 12 months (90 day hard period) if you refused with no prior refusal; or
• 18 months (18 month hard period) if you refused with a prior refusal.

Third or Subsequent DUI Offense

• 12 months (12 month hard period) if you took the chemical test;
• 12 months (12 month hard period) if you refused with no prior refusal; or
• 18 months (18 month hard period) if you refused with a prior refusal.

Fighting Criminal Charges in the Courtroom

After your arrest, the clerk’s office will schedule your first court date called the “arraignment” in front of the judge. For individuals that do not have an attorney, the court will read the charges and ask the person to enter a plea – either guilty, no contest or not guilty.

For DUI offenses, the court is not allowed to withhold adjudication. A guilty plea is essentially the same as a “no contest” plea. A conviction means you can never seal or expunge that mug shot, arrest record, or court record of the conviction.

Entering a plea at arraignment is a bad idea because you cannot obtain a hardship license until after you have completed DUI school.

If you cannot afford a private attorney, then you should request the services of a public defender. 

You can say, “I’d like to enter a plea of “NOT GUILTY” and have an attorney help me with my case.”

Trying to resolve your case without a criminal defense attorney is not a good idea. Before entering a plea, at a minimum, you should review all of the police reports and watch the video at the roadside or at the police station.

You should always talk with a DUI lawyer about the evidence in your case before considering a plea to the charges. Prosecutors often reduce DUI to less serious charges such as reckless driving.

Your criminal defense attorney can always fight for a one or two-level (or more) reduction depending on the facts of the case.

For a first DUI, contact Chris to find out more about the DUI Diversion Program in Hillsborough County called RIDR. The new diversion program might result in your first DUI being reduced to reckless driving with a withhold of adjudication.

The withhold of adjudication means you can avoid a conviction. After resolving the case, you might be eligible to seal the criminal history record. Each level the charges are reduced can save you thousands of dollars and indirect consequences that would otherwise occur.

• Enhanced DUI with enhanced penalties for:
  • DUI with property damage
  • Breath or blood test BAC at 0.15 or over
  • DUI with a minor child in the vehicle
• Simple DUI for refusal or a BAC between 0.08 and 0.15
• Reckless driving with an adjudication (often called the “wet reckless”)
  • 6 points in on your driver’s license
  • often comes with an increase in insurance premiums
  • an adjudication means you can never seal or expunge the record
• Reckless driving with a withhold of adjudication
  • no points on your driver’s license
  • you may be able to seal all  records (mug shot, arrest record, court record if you have no prior convictions)
• Careless driving (a civil infraction either with or without an adjudication
• Charges dropped or dismissed

By entering the plea as charged without any reduction, you may be taking the most disruptive, expensive, and prolonged route to resolving your case.

How Your Attorney Fights the Criminal Charges

If you retain a private attorney, the attorney will waive your appearance at arraignment and enter a not guilty plea on your behalf.

The Law Office of Chris Beardslee will also file motions to do the following:

1. Demand that the state attorney’s office provides us with a copy of all evidence in the case including the police reports, accident report (if any), video at the scene, or the police station, and information on chemical testing of the breath, blood      or urine;
2. Attack the legal sufficiency of the charging document; and
3. Move to suppress, exclude or  limit evidence in the case.

After the arraignment, another court date will be scheduled each month after that (called the “disposition”). In most cases, your attorney can waive your appearance at these court dates.

During these initial court dates, your attorney will secure a copy of all evidence in your case. Your attorney may also file additional motions to suppress or exclude that evidence.

After the exchange of discovery, the court schedules the case for a motion hearing, pre-trial conference, or trial. The court will require you to appear at these critical court dates..