1005 N. Marion St.
Tampa, FL 33602
Sammis Law Firm

DUI Attorney for Polk County

Although the traffic on the roadway was down during the early stages of the COVID-19 pandemic, the number of DUI cases has started to pick up again.

In fact, Polk County Sheriff Grady Judd recently announced that his deputies made 54 arrests in May of 2020 for driving under the influence (DUI). Out of those fifty-four arrested by the PCSO, eleven people had a prior DUI arrest. Seven had one prior DUI arrest and four had two prior DUI arrests.

The 54 people arrested for DUI by PCSO in May of 2020 did NOT include any arrests made by Florida Highway Patrol and other law enforcement agencies in Polk County during that same period.

Although the vast majority of law enforcement agencies in Florida rely heavily on video evidence, the Polk County Sheriff’s Office refuses to use this most basic method of preserving evidence. Officers with the Polk County Sheriff’s Office rarely, if ever, use video equipment to record the DUI investigation at the roadside.

If you blew over .08, learn more about serious problems that exist with the way the breath test machines are maintained in Polk County, FL.

Before the breath test can be admitted at trial, it must be shown that the administrative rules for the machine’s maintenance and periodic inspections were followed. The breath test officer must also follow each part of their training when administering the breath test. Any problem might result in the breath test being thrown out of evidence.

Depending on the problems we find, the prosecutor might agree to reduce the case to a less serious offense such as reckless driving or even drop the charges entirely to avoid a hearing on the admissibility of the breath test results or the alleged refusal.

Our DUI defense attorneys for Polk County, FL, can also help you understand the pros and cons of entering D.U.I. Drug Court in Polk County which was created for those accused of repeat offenses.

Whether this is your first offense or a second or subsequent allegation, we can help.

Attorneys for DUI Cases in Polk County, FL

If you were arrested for Driving under the Influence (DUI) of alcohol or drugs, then contact an experienced criminal defense attorney for Polk County.

Whether you took the breath test or refused to submit to a breath test, blood test, or urine test, we can help. We are experienced in fighting both a first DUI accusation or a second or subsequent case.

At the Sammis Law Firm, P.A., we focus on DUI cases throughout the Tampa Bay area, including Polk County and Hillsborough County, Florida. We are experienced in representing clients in the courthouses in Bartow and Winter Haven, FL.

Call (813) 250-0500 today to discuss your case.

Bond Conditions for a DUI in Polk County, FL

The standard bond amount for a first DUI in Polk County, FL, is $500. If you are charged with DUI under Florida Statute §316.193, with one or more prior convictions for DUI, you are not able to immediately bond out of jail.

Instead, you must attend the First Appearance Hearings (FAH) so that the court can set the bond amount and impose pre-trial release conditions.

You will also be held without bond in Polk County, FL, if you are charged with DUI Manslaughter, as defined in §316.193(3)(c)(3)(a) and (b), Florida Statutes, even if you have never been arrested for DUI or an alcohol-related driving offense in the past.

The DUI Officer’s Refusal to Preserve Evidence

In DUI cases, the officer often testifies about his or her opinion of whether the suspect was intoxicated from alcohol or impaired from any controlled substance. Jurors are often skeptical of the officer’s testimony when there is no video evidence to support it.

The refusal of the Pasco County Sheriff’s Office to preserve this important evidence demonstrates their fear that the video will prove the mistakes or misconduct of the arresting officers.

The lack of video evidence also makes it more likely that innocent people will be convicted and guilty people will go free.

Never attempt to represent yourself in a DUI case. A significant number of these cases are reduced or dismissed. If you can not afford a private attorney, then tell the court you would like to have an attorney with the public defender’s office appointed to represent you.

If you can afford to hire an experienced criminal defense attorney, take advantage of the free consultation offered by attorneys.

If you would like to talk to an attorney at Sammis Law Firm before you schedule a consultation in the office, then call our office to request a phone consultation so you can talk with an attorney on the phone. Act quickly because in DUI cases you only have 10 days after the arrest to protect your privilege to drive.

Call (813) 250-0500 to find out what you need to do today to protect all of your rights. Find out how we can help you fight for the absolute best result in your case with the goal of avoiding a DUI conviction.

10 Days to Demand a Formal Review Hearing

Remember that you only have 10 days after your arrest to file a request for a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles.

If you fail to do you, your driver’s license will be automatically suspended for a period of six (6) months for a breath test reading over the legal limit of 0.08 or for a period of one year for an alleged refusal to submit to chemical testing.

If you fail to do you, your driver’s license will be automatically suspended for a period of six (6) months for a breath test reading over the legal limit of 0.08 or for a period of one year for an alleged refusal to submit to chemical testing.

If your driver’s license is administratively suspended in Polk County, Florida, you may be able to apply for a business purpose only or hardship license after serving out a “hard suspension” period during which you can not drive for any reason.

If you took the breath test and blew over the legal limit, then a 30-day hard suspension will result. If you allegedly refused to take the breath test, then a one-year suspension will result after an administrative suspension

Hiring an attorney early in the process allows you to fight the administrative suspension of your driver’s license. At the formal review hearing, your attorney can subpoena any of the law enforcement officers that were involved in your arrest to provide testimony under oath that is recorded.

That testimony can later be used to prepare motions to dismiss, or motions to suppress or exclude evidence during your criminal trial.

This formal review hearing is particularly important in misdemeanor DUI cases because your DUI attorney does not normally have the opportunity to take a deposition of the officers involved in your arrest before a motion hearing or trial.

Checklist of Documents in the DUI Packet in Polk County, FL

For a DUI arrest in Polk County, FL, the packet (PSCO Form 9034A) which contains a checklist of the following documents:

  • Suspect’s Driver’s License (Mandatory to seize if in possession and BrAC is .08% or higher);
  • Breath Test Affidavit (FDLE Form 38) (Mandatory even if refusal);
  • Breath Test Operator Analysis Report (Form 706) (Optional);
  • Affidavit of Refusal (HSMV 78054)(Only required for refusal of breath, blood, or urine or if BrAC is .08% or higher);
  • Current Agency Inspection Report for Intoizlyzer (Form 40) (Mandatory); and
  • Notice of CDL Disqualification (HSMV 78005)(Mandatory if the driver holds a Commercial Driver License in any state)
  • Notice of .02 Violation D.L. Suspension (Mandatory if the driver is under 21 years old and has a BrAC between .02% and .079%)

DUI School in Polk County, Florida

Individuals who are arrested for DUI must often complete a Florida approved DUI school for one of the following reasons:

  1. the individual has an administrative suspension after a DUI arrest that is not invalidated after a former review hearing; or
  2. the individual is required to complete DUI school as a condition of probation after entering a plea to either DUI or a reduced charge of reckless driving.

In most cases, an attorney will recommend enrolling in DUI school even before the administrative hearing or the criminal portion of the DUI charges are resolved.

Through a contract with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), one company called Tri-County Services is permitted to operate the DUI program in Polk County.

Florida law permits Tri-County services to provide the only DUI program (often called DUI School or DUI Classes) for people living or working in Highlands County and Hardee County, Florida. Click here for more information on how to enroll online – Enroll online for DUI School.

Tri-County Services provides DUI classes at the following locations:

Tri-County Human Services, Inc – DUI School in Winter Haven, FL
37 3rd Street S.W.
Winter Haven, FL 33880
Phone Number: (863) 299-5286
Fax: (863)299-8760
Tri-County Human Services, Inc – DUI School in Highland City, Polk County, FL
5421 U.S. Highway 98, South
Highland City, FL 33846
Phone Number: (863) 701-7373
Fax: (863) 701-0404

Tri-County Human Services, Inc – DUI School in Wauchula, Hardee County, FL

202 S. 9th Avenue
Wauchula, FL 33873
Phone: (863) 773-2226
Fax: (863) 773-2497
Tri-County Human Services, Inc – DUI School in Sebring, Highland County, FL
5606 U.S. Highway 27 North
Sebring, FL 33870

Additional Resources

Florida DUI Punishments – If you have been arrested for a DUI in Bartow, Florida, find out more about the possible penalties and punishments that can follow a DUI conviction under Florida law.

DUI Administrative Hearings – Find out more about protecting your driver’s license administrative suspension that can otherwise occur after your arrest, even if you are not ultimately convicted of DUI.

DUI Refusal Cases – Find out more about DUI arrests that occur after an alleged refusal to submit to a chemical test of your blood, breath or urine. Special considerations apply to DUI refusal cases in Bartow, Polk County, Florida. Find out more about the “good news” and the “bad news” about an arrest for DUI after an alleged refusal.

Licensed DUI Programs and Schools in Polk County, FL – Visit the website of the Florida Highway Safety and Motor Vehicles to find a list of Licensed DUI Programs in Florida including Polk County. Also find information on DUI fees as of October 1, 2014 (that changed since 2013), and a menu of Driving and Education Course Schools. The website also provides information regarding methods of payment, a link to the DUI program provider’s website, and class schedules. For Polk County, the Tri-County Human Services, Inc., is located in Lakeland, FL.

Finding a DUI Lawyer in Bartow, FL

Contact Sammis Law Firm today to fight out what steps you must take in the 10 days after your arrest to preserve all of your options for the best result in your Bartow, Polk County, Florida, driving under the influence or drunk driving (DUI) case.

In many DUI cases in which a viable motion can be filed, the best results occur after your attorney has filed a motion to suppress or exclude evidence, or potentially a motion to dismiss.

Learn more about potential defenses that may apply to your DUI prosecution by contacting an experienced DUI lawyer who is experienced in fighting cases in Bartow, Polk County, Florida.

We also help individuals who receive notice that the State Attorney’s Office wants to issue a subpoena for their medical records to determine the BAC level before a traffic crash that resulted in their visit to the hospital.

Call (813) 250-0500 to discuss your case with an experienced attorney today.

This article was last updated on Thursday, August 13, 2020.

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