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DUI (Driving Under the Influence) Overview

Driving under the influence, or DUI, is defined as the operation of a motor vehicle (truck, car, commercial vehicle, or motorcycle) while under the influence of alcohol or drugs, which impair the abilities and reaction time of the driver. A DUI conviction is typically a misdemeanor offense and carries the automatic penalty of the temporary loss of one’s license.

Retaining an experienced DUI criminal defense attorney is your only chance to avoid further penalties and a possible conviction. At Leavengood & Nash, our goal is to protect our clients’ rights and to keep them out of jail. We treat each case specifically by evaluating all information and evidence to determine the best approach.

Florida DUI Information

St. Petersburg and Tampa law enforcement officials are constantly on the lookout for drivers who may be driving under the influence. They will pull over a person who is driving erratically or recklessly on the suspicion that he or she is driving under the influence of alcohol or drugs. Field sobriety tests and breath tests are typically used to determine if the person’s abilities are, in fact, impaired.

Blood alcohol concentration (BAC) is the usual form of determining if a person is legally intoxicated. A driver with a BAC of .08% or above is deemed to be driving under the influence. In addition, Florida exercises a “zero tolerance” law in that anyone under the age of 21 may not operate a motor vehicle if their blood alcohol concentration is .02% or above.

A DUI accusation will be charged as a misdemeanor or a felony depending upon the following factors:

  • Prior violations
  • If any traffic laws were broken at the time of the DUI
  • Property damage
  • Bodily injury
  • Whether the BAC of the driver was .20% or above

Accused of a DUI in St. Petersburg or Tampa? Contact us today! (800) 526-1949



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Address: 2958 1st Avenue North, St. Petersburg, FL 33713   Phone: (800) 526-1949   Fax: (727) 327-3305