Riverview DUI/DWI Defense Attorney

A driving under the influence (DUI) arrest often stems from a simple mistake or misunderstanding, yet it can lead to serious legal consequences. The implications of such an arrest can be daunting, potentially affecting your license, livelihood, and legal record

At Franchi Law, our Riverview criminal defense lawyers understand the stakes involved in these cases. We offer robust defense strategies tailored to the nuances of your case and are committed to protecting your rights throughout the criminal justice process. If you find yourself facing a DUI charge, do not hesitate to schedule a free consultation with us and learn how we can help.

Why Choose Our DUI/DWI Defense Lawyers in Riverview?

• We understand the intricacies of Florida’s DUI and DWI laws and will take the time to discuss your rights in plain language, helping you stay informed throughout the legal process.
• With a track record rich in trial experience, we are prepared to defend your case in court. Even other lawyers look to us when they need a firm to take a case to trial.
• Our Riverview DUI defense and DWI defense attorneys will always be honest about your case and options, allowing you to make decisions and prepare for each stage of your DUI case. 

Meet Attorney and Founder: William Franchi

Before pursuing law, William Franchi worked as a deputy for the Hillsborough County Sheriff’s Office, patrolling areas including Riverview, Wimauma, Ruskin, Apollo Beach, and Gibsonton. William has nearly six years of law enforcement experience in the Tampa Bay area, primarily focusing on drug crimes. His background in law enforcement provides valuable insights for individuals facing drug-related charges. William has successfully defended numerous criminal defendants against various charges.

Memberships and Accolades

Testimonials

“I was quite pleased with the services offered by Franchi Law. They consistently had someone available to take calls and address any questions or concerns. One of their assistant’s, Haley, helped guide me to the answer I needed. Her assistance made the process easy to comprehend and navigate, and the network of providers she connected me with was excellent. I genuinely value the support and would highly recommend them to anyone in search of a responsive team.”
– Cameron Andrews

“I had a great experience with Franchi Law! The attorney, William Franchi is very cordial and wants the best for his clients. The personnel at this firm are very helpful and polite, specifically Kehinde. She was very understanding, courteous, and had great customer service.”
– Sevyn M.

First-Time Riverview DUI/DWI

If you are convicted of a DUI for the very first time, you can still face substantial consequences. Criminal penalties for a first-time DUI offense in Riverview include up to six months of jail time, coupled with fines ranging from $500 to $1,000. These repercussions may also include probation for up to a year, with mandatory monthly reporting. Additionally, the court may require 50 hours of community service and impound your vehicle for 10 days.

DUI convictions also carry administrative penalties imposed by the Florida Department of Highway Safety and Motor Vehicles. These may include the revocation of your driver’s license for a period ranging between six months and one year. You may also be required to install an ignition interlock device (IID) on your vehicle for six months. 

Repeat Offenders

The penalties for repeat DUI offenders in Florida are even more severe. A second conviction may result in fines between $1,000 and $2,000, and the possibility of up to nine months in jail. If a second DUI occurs within five years of the first, the law mandates a minimum prison term of 10 days, with vehicle impoundment for 30 days and a five-year license suspension. When your license is reinstated, you will be required to install an IID for one to two years.

For a third DUI conviction occurring more than 10 years after any prior conviction, the charges escalate to a first-degree misdemeanor. This offense is punishable by up to 12 months in jail, with fines ranging from $1,000 to $2,500. Furthermore, an IID is required for two years after license reinstatement.

If a third DUI conviction within 10 years of a previous conviction, it is treated as a third-degree felony. This is punishable by up to a $5,000 fine and/or five years in Florida state prison. Additionally, the court may impose a minimum mandatory imprisonment of 30 days, with at least 48 hours of consecutive confinement.

These penalties are steep, but with an attorney’s advocacy, you could potentially reduce the charges against you or get the case dropped entirely. At Franchi Law, our Riverview DUI defense attorney will fight to achieve the best possible outcome in your case. We will analyze the prosecutor’s case for any weaknesses that can be leveraged to your advantage and negotiate plea arrangements if they are in your best interest.

Field Sobriety Tests

Field sobriety tests are designed to assess a driver’s physical and cognitive impairment due to alcohol or drugs. There are three common tests that police officers use:

• The Walk-and-Turn Test: This test evaluates a driver’s balance and ability to complete tasks. The driver must walk in a straight line, heel-to-toe, turn on one foot, and then return in the same manner.
• The One-Leg Stand Test: In this test, the driver is required to stand on one leg, typically for about 30 seconds, without swaying, hopping, or using arms for balance.
• The Horizontal Gaze Nystagmus Test: This test involves the driver following an object, usually a pen or the officer’s finger, with their eyes.

Florida drivers are not legally required to submit to field sobriety tests. Many legal experts advise politely declining these tests due to their subjective nature and potential for providing harmful evidence in court. However, refusal may raise suspicion and lead an officer to conduct a chemical test, which you are required to take under Florida’s implied consent laws. 

DUI and DWI Laws and Penalties in Riverview, Florida

Under Florida DUI law, the act of driving or exercising control over a vehicle while impaired by alcohol, controlled substances, or other chemical substances is strictly prohibited. The state’s stringent DUI laws mean that even without driving, you could face charges simply for being near a vehicle with the potential to drive.

The defined BAC limit is 0.08% for most drivers and 0.04% for commercial vehicle operators. Exceeding these limits establishes per se intoxication, removing the need for additional evidence of impairment. However, drivers exhibiting signs of impairment can be charged with a DUI even if their BAC is below these thresholds.

Penalties for a first DUI offense may include up to six months in jail, fines between $500 to $1,000, and other consequences such as probation, community service, vehicle impoundment, and the installation of an ignition interlock device (IID). A second offense escalates the penalties, with higher fines and potential jail time, mandatory IID installation, and a significant license revocation period.

How a DUI Defense Lawyer in Riverview Can Help You

Facing a DUI charge involves navigating a labyrinth of legal protocols and penalties that can significantly alter your future. Given the complexities and potential consequences, having an attorney on your side is vital

A lawyer understands the legal standards and evidentiary issues involved in DUI cases, such as analyzing the accuracy of evidence or identifying procedural errors that may have occurred during the arrest. They can challenge the legality of the traffic stop, argue for reduced charges, or even secure a case dismissal based on insufficient evidence or rights violations.

Additionally, their knowledge of local court systems and negotiations with prosecutors can result in more favorable outcomes, such as alternative sentencing, that might not be available without legal counsel. To best protect your rights during the criminal justice process, trust a Riverview DUI defense attorney to represent your case.

Potential Defenses Against DUI Charges in Florida

Facing a DUI charge can be daunting, but there are strategies that your attorney can utilize to protect your rights and fight for the best possible outcome. Depending on your case, these may include:

• Challenge the Legality of the Traffic Stop: Law enforcement must have a legitimate reason for initiating a traffic stop. If the stop was based on insufficient grounds, any evidence obtained during it might be inadmissible.
• Accuracy of Breathalyzer Tests: The reliability of breathalyzer results can be contested, especially if the device was improperly calibrated, maintained, or operated.
• Field Sobriety Test Validity: These tests can be subjective and influenced by factors unrelated to alcohol consumption, such as medical conditions or the environment in which they were conducted.
• Medical Conditions: Certain medical conditions can mimic signs of intoxication or interfere with test results. Demonstrating evidence of a condition could challenge the prosecution’s case.

The DUI Court Process in Riverview Explained

There are several critical steps involved in the DUI court process, each with its own set of procedures. Your Riverview DUI defense attorney will guide and support you during these key stages, which include: 

• Arrest: The process begins with your arrest, typically following a traffic stop where law enforcement suspects DUI based on observable indicators or a roadside sobriety test.
• Bail and First Appearance: Shortly after the arrest, you may be released on bail. Your first court appearance will be scheduled, where charges are formally presented.
• Arraignment: During the arraignment, you will have the opportunity to enter a plea of guilty, not guilty, or no contest to the DUI charges against you. Your attorney will advise you on the best course of action.
• Pretrial Motions: Your attorney can file motions to dismiss charges or suppress evidence if your rights were violated during the arrest or if there are issues with the evidence against you. The prosecutor may also file motions based on the circumstances of your case.
• Discovery: During discovery, both the defense and prosecution exchange evidence that will be used at trial. This includes police reports, witness statements, and any video evidence.
• Plea Bargains: Often, DUI cases are resolved through plea bargains. Your attorney may negotiate a deal with the prosecutor to reduce your charges or penalties in exchange for a guilty plea.
• Trial: If no plea agreement is reached, the case proceeds to trial, where both sides present their evidence and arguments. The judge or jury then makes a verdict.
• Sentencing and Appeals: If you are convicted, the sentencing phase follows the trial, where penalties are imposed. In some cases, your attorney may file an appeal to challenge the conviction or sentencing.

What to Do After a DUI/DWI Arrest in Riverview

If a police officer pulls you over on suspicion of DUI, maintaining composure is crucial. Take the following steps to protect your rights and seek help following your arrest:

• Remain silent and avoid discussing details of the situation or your activities, as these statements can be used against you in court.
• Comply with the officer’s physical requests, such as providing your license and registration, but politely decline to answer questions that could impact your case.
• Request to speak with a Riverview DUI defense attorney immediately. Early legal guidance is key in navigating your rights and building a strong defense.

Contact Our DUI/DWI Defense Lawyers in Riverview Today for a Free Consultation

DUI charges come with their complexities and potential ramifications. With Franchi Law by your side, you can navigate the next steps of tackling a DUI/DWI case with knowledge and confidence. Our Riverview DUI/DWI  defense attorneys can guide you through the legal process and advocate for your rights each step of the way. Contact us at (813) 800-4529 to start your consultation and learn how we can help.