DUI / DWI

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 provided 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

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 DUI Case Review Form now! For more details about defending current DUI/DWI charges and crimes, we also invite you to examine our Criminal Defense Information Center. It's designed to help you better understand general matters related to Driving Under the Influence / Driving While Intoxicated.

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 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. For Spanish-language assistance, please call 813-739-9400.