Facing a DUI charge in Clearwater can be overwhelming. Florida has some of the strictest DUI laws, with mandatory sentencing and zero-tolerance policies for underage drivers.
If you've been charged with a DUI, don’t lose hope. At Morris Law Firm, P.A., our team is dedicated to building a strong defense, no matter how serious the charges may seem. From the moment you're arrested to the resolution of your case, our attorneys are here to advocate for you and ensure the legal process is handled fairly.
Worried about your license or criminal record after a DUI? Call (727) 592-5885 or connect online to schedule your free consultation with a defense attorney.
What Are the Consequences of Getting Charged with a DUI in Clearwater?
The penalties for a DUI conviction in Clearwater vary depending on the circumstances of your case, including your BAC level and whether this is your first offense. Below is a breakdown of potential consequences at each offense level according to Florida law.
First Offense
A first-time DUI conviction includes penalties such as:
- Fines - Between $500 and $1,000 (or up to $2,000 if BAC is 0.15% or higher or a minor was in the vehicle).
- Jail Time - Up to 6 months (up to 9 months with aggravating factors).
- License Suspension - Minimum of 180 days and up to 1 year.
- Ignition Interlock Device (IID) - Mandatory for drivers with a BAC of 0.15% or higher or those transporting minors.
Additionally, offenders may be required to complete DUI school, community service, and probation.
Second Offense
Penalties increase significantly for a second DUI conviction, particularly if it occurs within five years of the first offense.
- Fines - $1,000 to $2,000 (up to $4,000 with aggravating factors).
- Jail Time - Up to 9 months, with a mandatory minimum of 10 days if within five years of the first conviction.
- License Suspension - For offenses within five years, a minimum 5-year revocation.
- IID Requirement - Mandatory for at least 2 continuous years.
Third Offense within 10 Years
A third DUI within 10 years is a felony in Florida. Consequences include severe penalties:
- Fines - Up to $5,000.
- Jail Time - Minimum 30 days, up to 5 years in some cases.
- License Suspension - 10-year revocation with eligibility for hardship reinstatement after 2 years.
Non-Penalty Consequences
Beyond legal penalties, a DUI conviction can impact your life in other ways. A criminal record from a DUI can make finding employment or housing more difficult. Your reputation in the community may also suffer. Furthermore, high-risk driver insurance premiums can be a financial burden that lasts for years.
Strategic Defenses Against Drunk Driving Charges
When facing DUI charges, it’s important to explore every avenue of defense. Below are some of the most common strategies used to defend against these allegations in Clearwater.
Challenging BAC Readings
Breathalyzers and BAC tests are not infallible. These devices require proper maintenance and regular calibration. If evidence shows that the equipment was not functioning correctly or administered improperly, your BAC results may be invalid. According to Florida Statute §316.1932, improperly calibrated devices are a violation of statutory requirements.
Questioning the Legality of the Traffic Stop
Law enforcement must have reasonable suspicion to stop a driver. If the officer initiated the traffic stop without valid cause, any evidence obtained afterward could be suppressed under your Fourth Amendment rights.
Challenging Field Sobriety Tests
Field sobriety tests are highly subjective and can be affected by factors like poor lighting, uneven road surfaces, or medical conditions. By demonstrating that the results don’t reliably indicate impairment, it may be possible to weaken the prosecution’s case.
Identifying Procedural Errors
Florida’s DUI laws include strict procedural requirements for evidence and arrest protocols. Any deviation, such as the failure to read your rights or mishandling critical evidence, could result in reduced charges or dismissal.
Can a DUI Be Reduced or Dismissed?
While Florida prohibits reducing some DUIs with aggravated circumstances, charges may be reduced to reckless driving or dismissed entirely if evidence is successfully challenged. Each case is unique, and our attorneys will work to identify problems in the state’s evidence to advocate on your behalf.
What Is a Hardship License and How Can I Get It?
A DUI arrest often results in an immediate suspension of your driver’s license. However, Florida residents may be eligible for a hardship license, which grants limited driving privileges for work or educational purposes.
Eligibility for a Hardship License
To qualify, you must enroll in a state-approved DUI school and complete any necessary hearings. Eligibility varies depending on your offense level and whether the suspension was due to BAC or a test refusal.
How to Apply
- File a Request within 10 Days of Arrest - You must submit a request for an administrative hearing or a waiver review. If approved, you will receive permission to apply for a hardship license.
- Complete DUI School - Enrollment in and proof of DUI school completion is mandatory.
- Submit Documentation - Visit a Florida Department of Highway Safety and Motor Vehicles (FLHSMV) office to submit all required paperwork, including a hardship application and proof of eligibility.
Keep in mind that two or more test refusals make drivers ineligible for hardship reinstatement under Florida Statute §322.271.
Dedicated to Your Defense from Day One
When facing DUI charges, having the right team supporting you is critical. Our firm offers focused, client-centered services to help those navigating the complexities of the legal system.
- Free and Confidential Initial Consultation. Get your case reviewed by experienced lawyers at no cost to you.
- Easily Reachable Attorneys. You’ll have direct access to your attorney via calls or texts at all times.
- Affordable Payment Plans. Legal fees are stressful. Together, we’ll create a flexible payment plan so you can focus on your defense, not the financial burden.
- Decades of Legal Practice. With over 20 years of experience in criminal law combined, our attorneys have the experience to defend against intense prosecution efforts.
- Same-Day Representation. Time is critical in DUI cases. Once you consult with our firm, we can begin building your defense immediately.
- Former Prosecutor on Your Side. We understand the prosecution’s tactics and know how to identify potential weaknesses in their case.
Facing DUI charges? Get the guidance you need. Call (727) 592-5885 or contact us online to schedule a free, no-obligation consultation with our legal team.
