Over the weekend, a Tampa Fire Rescue firefighter was arrested for DUI in Holiday, Pasco County. This was allegedly his 3rd DUI arrest with priors in 2001 and 2012. If that is true, if convicted of DUI, there would be a 10 year driver’s license suspension as part of his sentence. Three (3) DUI convictions within 10 years results in a mandatory 10 year suspension. He will likely face jail time if convicted or part of a plea.
THE ARRESTED FIREMAN REFUSED TO PROVIDE A BREATH SAMPLE!!!
Why do I stress the fact that he refused the breath test? Because in virtually every DUI case when a police officer or fireman is arrested for DUI, they refuse to submit to breath testing!
WHY DO COPS REFUSE THE BREATH TEST WHEN THEY ARE ARRESTED FOR DUI?
- Is it because they do not trust the machine?
- Is it because they know a blood test is more accurate?
- Is it because they do not want to give the prosecutor potentially faulty evidence to use against them at trial?
It is your constitutional right to refuse testing and maybe you should learn something from their decision not to trust the Intoxilyzer.
The fireman was arrested just after 1:00 a.m.on Saturday after a Pasco sheriff’s deputy stopped him on U.S. 19 in Holiday. The fireman allegedly performed the field sobriety exercises. He had a right to refuse to perform those also. There was no information on whether the driving patter or FSE’s were videotaped, but of course the DUI officer alleges he performed poorly on the exercises. Law enforcement is not required to videotape field sobriety exercises.
Are you being treated fairly if SFST’s are not videotaped so it is your word against the deputy’s word? Why is the sheriff afraid to videotape these exercises? You need to call an aggressive DUI attorney IMMEDIATELY who knows how to obtain video of you in your DUI case to protect your rights!
The DUI report alleged there were eight “intoxicating beverage containers” in the vehicle. Most of the containers were empty and in the backseat, but a Hard Mike’s Lemonade was allegedly in the front cup holder according to the report said.
The fireman was suspended without pay. He is still entitled to a formal review to fight the administrative suspension for his refusal to submit to a breath test. This is a crucial part of his case that can help in defend this DUI charge.
Finally this DUI could be prosecuted as a felony punishable by up to 5 years in Florida State Prison (FSP). Under Florida’s DUI statute, 316.193 (2),(3) “any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony.” This is because the 2nd and 3rd DUI are within 10 years of each other.
If you have been arrested for DUI, call a member of the National College for DUI Defense and a founding member of the DUI Defense Lawyers Association to fight for you and your license in court!
Time is of the essence in a DUI case!
You only have 10 days to request a Hardship License
OR
a Formal Review of the “Implied Consent” suspension of your license so call my cell phone now.
Aggressive DUI defense lawyer Thomas C. Grajek
863-838-5549 cell
