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J. Armando Edmiston, P.A.

J. Armando Edmiston, P.A.

Since you have been arrested for a DUI, it is important you know your rights and certain time limits to give you the best chance to fight your DUI. When you are arrested for a DUI, you will be dealing with two proceedings at the same time (License Suspension and criminal DUI). Call me right […]



Since you have been arrested for a DUI, it is important you know your rights and certain time limits to give you the best chance to fight your DUI. When you are arrested for a DUI, you will be dealing with two proceedings at the same time (License Suspension and criminal DUI). Call me right away for a free consultation to discuss your options regarding the license suspension and your DUI. I understand the seriousness of losing your license and getting charged with a DUI. Therefore, I will personally work with you on your case.

Below is a list of important facts and the services I can provide to you:

1. Why the officer stopped you is very important.

  • I will fully explore the legality of the stop, because if the stop is illegal your DUI may get dismissed and/or reduced to a lesser included charge of reckless driving.

2. Immediately upon arrest for DUI, your license is suspended through the Department of Highway Safety and Motor Vehicles (DHSMV) for either Driving with an Unlawful Alcohol Level or Refusal to Submit to a Test.

You ONLY have 10 days from the date of your arrest to petition the DHSMV for a review!

Failure to submit your petition with the DHSMV will forfeit your right to challenge the suspension forever.

  • I can help you by filing for the review to challenge the license suspension and obtain an extended driving permit while simultaneously helping you get a hardship license.

3. Upon arrest you will be charged by the State Attorney’s Office with a DUI. The DUI penalties include, but are not limited to: jail time, probation, community service, increased insurance rates, fines, court costs, a driver’s license revocation and attendance at an approved DUI School.

  • I can help you provide a Defense, based on the facts of your case, in an attempt to negotiate a reduced charge and/or get an acquittal at trial.

Keep in mind that in order to be convicted for a DUI, the State Attorney must prove the following elements beyond a reasonable doubt:

1) That you drove or were in actual physical control of the vehicle AND 2) That while driving or in actual physical control of the motor vehicle you:

a. Were under the influence of an alcoholic beverage or a chemical substance or a controlled substance to the extent that your normal faculties were impaired OR

b. You had a breath or blood alcohol level of .08 or more grams of alcohol per 210 liters of breath or 100 milliliters of blood.

I can help you attack these elements to cast a reasonable doubt to give the jury something to hang their hat on and return a “Not Guilty” verdict.

Also keep in mind that in Florida, a DUI will be enhanced in two ways. First, a DUI will be enhanced if you blow over a 0.15 g/210 liters then you are subject to an enhanced fine, greater jail time, interlock device, and a longer license revocation along with the normal sanctions of probation, community service, and DUI school. You may also be subject to enhancement if you had a minor child in the car when you were arrested for DUI. Second, a DUI will be enhanced if you have been previously convicted of a DUI. Depending on when your last conviction occurred will determine the amount of enhancements in the penalties. For example: A second DUI within 5 years carries mandatory penalties which include a minimum of 10 days jail and a 5 year license revocation along with increased fines, DUI school level II, community service hours and probation. If you have any questions and would like to discuss your case, please call my office for a free consultation. Please consider our qualifications while making your decision to hire a DUI attorney:

  • I have been a member of the Florida Bar for over 3 years, which includes extensive experience in DUI cases.
  • I am a former Public Defender for Hillsborough County and have handled hundreds of DUI charges.
  • I am very knowledgeable in the rules and guidelines the State must follow for reliability in breath testing.
  • I have a former Department of Highway Safety and Motor Vehicles Hearing Officer with over 10 years experience on staff to review and help prepare your case for the license suspension hearing.
  • I have been admitted to practice in both State and Federal Court.

We will work with you on a monthly payment plan. Our fees include research, filing motions, as well as taking the case to trial, if necessary.

Even if you do not hire me as your lawyer, please exercise your Constitutional Right to have a lawyer assist you in your defense.

For a FREE Consultation, Please Call Us At:

813-482-0355



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