1005 N. Marion St.
Tampa, FL 33602
813.250.0500

DUI Attorney for New Port Richey, FL

If you were arrested for DUI in New Port Richey, Florida, then contact an experienced attorney at the Sammis Law Firm. We provide an aggressive defense for drunk driving charges. Call 813-250-0500 to find out what you need to do today to protect all of your rights. During the consultation we can discuss what you need to do to have the best chance of avoiding a conviction after an arrest for drunk driving in New Port Richey or Pasco County, FL.

Don't waive your right to a formal review hearing during the first 10 days after the arrest without talking to an attorney. By requesting a "waiver review hearing" you are waiving important rights that might help you invalidate the administrative finding of DUI on your driving record. The evidence obtained during the formal review hearing can also help you win your criminal case in court.

Call us to find out why we almost ALWAYS recommend that our clients demand a "Formal Review Hearing" within 10 days of the arrest. When the demand you will receive a 42 day driving permit so you can keep driving for hardship purposes while we fight to invalidate the administrative suspension. You are eligible for the 42 day permit as long as your driver's license was valid at the time of the DUI arrest.

Whether you are accused of blowing over the legal limit of .08 or the enhanced limit of .15 or whether you allegedly refused chemical testing of your breath, blood or urine, call an experienced criminal defense attorney at the Sammis Law Firm to discuss your case. From a first DUI charge to a second or subsequent offense, we have the experience and focus needed to fight your case. Call 813-250-0500 to speak to an attorney.


DUI Breath Test Cases in New Port Richey, FL

In many of these cases, after an arrest for DUI in New Port Richey, the NPRPD arresting officer will ask you to submit to a breath test on a breathalyer machine. The New Port Richey Police Department has one Intoxilyer, Serial Number 80-001064, which was sent out for repairs twice in 2014.

The New Port Richey Police Department was recently rocked with scandel when one of its detectives (who was also an agency inspector) blew a .161 and .151 after driving to a crime scene while allegedly under the influence of alcohol on April 10, 2015. His fellow officers neglected to conduct a proper DUI investigation but did ask him to blow into the same machine that he had maintained for an "administrative" test. After the breath test, the agency inpsector for New Port Richey was driven home by a fellow officer but never arrested for DUI. Click here to learn more about what New Port Richey Police Chief Kim Bogart did in response.

Additionally, numerous problems existed during monthly inspections including missing forms, retesting more than twice, failure to provide adequate reason for retesting, problems with the mouth alcohol / alcohol free test, problems with controls outside of tolerance, problems uploading COBRA data to the mother FDLE computer in Tallahassee, and six weeks worth of missing COBRA data that was somehow destroyed in late October, November and December of 2014. These problems are likely to continue on tests in 2015.

Interested in learning more about Intoxilyzer 80-001064? Visit our link to view files for all Intoxilyzer 8000 records on 80-0001064 from January 1, 2012 through May 1, 2015. Through a public records request we obtained all documents related to this machine including the monthly agency inspection reports, department inspections, field notes, repair records, sign-in logs and other correspondence.

The problems are so bad, that in many cases, the subject is taken to the jail at the Pasco County Sheriff's Office in Land O' Lakes for breath testing. Problems also exist with those breath test instruments. In fact, the Pasco County Sheriff's Office is now on its third agency inspector in 2015. The agency inspector is responsible for maintaining the five intoxilyzers assigned to the sheriff's office. One of the agency inspectors was recently caught deleting error messages from the Form 40 that occurred during agency inspections. Those error messages include mysterious RFI readings occuring during the monthly inspections. 

Your attorney might be able to use these problems to show that your breath test should be excluded from evidence because at the time of testing, the machine was not in substantial compliance with statute and administrative rules governing the maintenance of the machines. Don't assume that you can't fight the breath test or that the results will even be admissible.


Attorney Shows Major Problems with DUI Checkpoint in New Port Richey

Watch a video discussing a recent case handled by Jason Sammis after his client was arrested in New Port Richey:

If you have been arrested for DUI after either blowing in the breath machine or refusing to take the breath test then your case will be prosecuted at the courthouse in Dade City or New Port Richey, FL. In addition to the criminal case, you should also fight the DUI administrative suspension of your driver's license initiated by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).


The 10 Day Rule After a DUI Arrest in New Port Richey

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. When your attorney files that demand you will receive a 42 day permit to continue driving (as long as your driver's license was otherwise valid at the time of the arrest).

If you fail to do so, 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 case. If your license has previously been suspended after a DUI arrest, you may be facing a driver's license suspension of twelve (12) to eighteen (18) months.

If your driver's license is administratively suspended after a DUI arrest in New Port Richey, Florida, you may be 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, meaning that you can not drive for any reason for 30 days.

If you allegedly refused to take the breath test, then your hard suspension will be for 90 days for a first offense. The only way to avoid this suspension is to fight and win your Formal Review Hearing with the DMV. For a second or subsequent refusal, the suspension will be for 18 months with no driving during that entire period, even for hardship purposes. It is particularly important in those cases to fight the administrative suspension aggressively.

Starting on July 1, 2013, the Florida legislature also created a third option for a person with no prior DUI suspension called the waiver review hearing. This hearing must take place at the Bureau of Administrative Reviews in Clearwater, FL, within 10 days of the arrest. You must pay a $25 fee plus the reinstatement fee. You must also have proof of proof of enrollment in DUI school (and proof that the payment for DUI school was made). The waiver review hearing effectively allows you to avoid any 30 or 90 day hard suspension in exchange for waiving any right to contest the administrative suspension.

By exercising this option after a first DUI arrest at the waiver review hearing, you are essentially stipulating to the administrative suspension of your driver's license because you were DUI (although that stipulation cannot be used against you in the criminal case). Most of our clients, after they understand all of the options, decide to go forward with a formal review hearing even if they are eligible for immediate reinstatement for hardship purposes after a waiver review hearing. Before you decide, call us to discuss all of your options and the consequences.


See Video on DUI Arrests in New Port Richey


DUI Information Center

Impaired Driving / DUI Enforcement Location Calendar in New Port Richey and Pasco County, FL - Law Enforcement Officers are moving away from DUI sobriety checkpoints and using the enhanced enforcement locations instead. In the enhanced enforcement locations, officers with the Pasco County Sheriff's Office and the New Port Richey Police Department and the Port Richey Police Department will essentially saturate the area and pull people over for traffic infractions or equipment violations. 

The Enhanced Section pays special attention to traffic violations in different parts of New Port Richey and the surrounding areas in Pasco County. The locations are selected based upon cities complaints, traffic crash statistics and speed studies. The Pasco County Sheriff’s Office says that the locations are subject to change without advance notice.

  • June 22 - June 30, 2015 in District 1 - Continued Enforcement Focus on Aggressive and Impaired Drivers with enforced focus violation(s) for Speed in Bayonet Point, Port Richey
  • June 8, - June 21, 2015 in District 2 - Continued Enforcement Focus on Aggressive and Impaired Drivers with enforced focus violation(s) for Districted Drivers in Land O’ Lakes, Wesley Chapel
  • May 11 - May 24, 2015 in District 1 - Continued Enforcement Focus on Aggressive and Impaired Drivers with enforced focus violation(s) for Seat Belts in Hudson and Port Richey, FL
  • May 1 - May 10, 2015 in District 3 - Continued Enforcement Focus on Aggressive and Impaired Drivers with enforced focus violation(s) for Speed in Holiday and New Port Richey, FL

DUI Schools in New Port Richey and Pasco County - Visit the website for Pasco County, FL, to find information on DUI school at either the west side location in New Port Richey, or the Zephyrhills and Dade City location.

New Port Richey Location
PASCO COUNTY DUI SCHOOL
7619 Little Road, Suite 350
New Port Richey, FL 34654
PH: (727) 847-3411

Dade City Location
PASCO COUNTY DUI SCHOOL
7064 FORT KING ROAD
Zephyrhills, FL 33541
PH: (813) 780-8282


Finding a DUI Defense Attorney in New Port Richey, Florida

Contact the Sammis Law Firm today to fight out what steps you must take in the 10 days after your arrest to preserved all of your options for the best result in your drunk driving case. Whether you took the breath test or refused testing, we can help. Call 813-250-0500 today.

Our attorneys are available to talk with you over the phone or in the office to discuss your options. Find out what you need to do today to protect your rights.

Article last updated by on Tuesday, December 15, 2015.