Case Result: Second DUI Reduced to Reckless Driving Charge

Share Article

A client recently came to Thomas & Paulk after being charged with a second DUI offense within five years. This can bring on serious punishments, but with the help of the attorneys at this firm the client’s charges were reduced simple reckless driving offense.

Tampa Criminal Lawyer

Tampa Criminal Attorney

DUI charges can be frustrating, and without the help of an experienced attorney they can be devastating too. Drivers who are caught with blood-alcohol content above 0.08% may receive jail time, fines, license suspension, mandatory DUI school and more for their offense. DUI charges also have social implications, as they can become a topic of embarrassment among friends and family or may even affect your position at work. As well, receiving a DUI will cause your insurance to skyrocket, and you may lose your license for up to a year. This means that you will need to take public transportation or rely on carpools to get to work or school while your license is suspended as part of your punishment. These are all punishments that can accompany a first-time DUI.

When it comes to a second offense, the punishments only become harsher. A driver who receives a subsequent DUI within five years of his past conviction will be given at least 10 days in incarceration and up to 9 months behind bars. Drivers are required to spend at least 48 hours consecutively behind bars when they are convicted of the crime. If the driver’s BAC is above 0.15%, then he or she can spend up to one year in jail for the offense. As well, a convicted driver can spend up to one year on probation and may be forced to perform 50 hours of community service. He or she may be fined between $1,000 and $4,000 depending on the circumstances of the DUI, and may have his or her vehicle impounded for up to 30 days after the prison or jail term is served.

As well, a driver who is charged with a DUI for the second time in five years can have his or her license revoked for up to five years post-conviction. This means that this driver will no longer be permitted to operate a vehicle, and will have to rely on friends, family, public transportation, or other means to get to and from engagements. A driver who completes DUI school and remains in a DUI supervision program may be able to obtain a business purposes only license after one year. This means that the driver will have the right to drive to and from work and work-related appointments but will not be able to use his or her license for errands, socializing, or other purposes. In order to maintain a business only license, the driver typically needs to abstain from alcohol for a year. In Tampa, drivers can also be pressed to complete a DUI school program and install an ignition interlock device in their car for at least one year once the license is reinstated.

As you can see, in Tampa the law takes drunk driving very seriously. That’s why the attorneys at Thomas & Paulk are dedicated to representing those that are not treated fairly in DUI trials and are falsely charged with this crime. In the recent case, Case No. 7784-XFA. Hillsborough County, Florida, a client came to us after he had been pulled over and arrested for a second DUI within five years. This individual knew that there may be an abundance of punishments if no one was able to prove that the case was without merit. The client was weaving through the streets and almost hit a collection of construction barrels, at which time the driver was pulled over by an officer. The law enforcement officer conducted field sobriety tests and claimed that the client failed all of the exercises.

When the client was taken to jail and charged with a second DUI in five years, the suspect contacted Thomas & Paulk. We decided to gather the names of the witness from the State Attorney and discovered that the State had a problem with one of the witnesses. Thomas & Paulk Attorneys at Law of was aware of this witness from a prior case, and found that the State was having problems with the individual. Because of issues with this crucial witness, the attorneys were able to argue that the clients’ charges should be reduced. Instead of being given all the serious punishments that follow a second DUI, the client received a reckless driving charge. A reckless driving charge can often come with a mere $25 fine, according to the Florida Penal Code 316.192(1) (a.)

This is one example where it benefits to have an attorney who knows about the local courts and officials in the jurisdiction. Because Thomas & Paulk have an understanding and familiarity with Hillsborough County, they were able to work through a case and use their knowledge of a previous witness to this client’s benefit. It is essential that you hire a local lawyer like this one whenever you are dealing with a criminal defense case. Talk to an attorney at Thomas & Paulk today if you are a local who has been charged with a DUI or another crime and need representation in court!

Thomas & Paulk is a Tampa criminal defense firm that is dedicated to helping defendants with almost any case they are dealing with. Whether you are dealing with a misdemeanor like a DUI or a serious felony like murder, Thomas & Paulk is dedicated to helping you. This law firm is accredited by the Better Business Bureau, and they have personally handled over 7,000 cases since the firm has been in practice. When you are looking for representation you can trust, Thomas & Paulk should be your first choice! Visit their website today at

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Jeff Thomas

Jeff Thomas
Visit website