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DUI Defense
Clearwater DUI Attorney
When You’ve Been Pulled Over in Pinellas County, Call Haworth Legal DUI Lawyer
Driving under the influence of alcohol and/or drugs is considered a very serious offense in Florida and across the U.S. In an effort to send a message, prosecutors come down hard on the accused. However, the zeal of both prosecutors and law enforcement may mean errors can be made that can undermine the validity of the charge.
At Haworth Legal, we know how to deconstruct DUI charges to help build a solid defense on your behalf. We can challenge the validity of the stop, the evidence against you, and the circumstances of your arrest, all of which can be contested by numerous nuanced issues.
When you’ve been pulled over, schedule a free initial consultation with our Clearwater DUI attorney. Call (727) 610-8114 or contact us online to get started.
What Constitutes a DUI in Florida?
In Florida, you can be charged with DUI under the following conditions:
- Your blood alcohol concentration (BAC) measured .08 percent or higher. For drivers under 21, the legal limit is .02 percent.
- You were deemed by law enforcement to be under the influence of alcohol and/or drugs enough that normal faculties are affected regardless of BAC.
You can be charged with DUI in these situations even if you were not driving but were in physical control of the vehicle, such as sitting in your car with the keys in the ignition. This expands the scope of DUI laws to ensure that potential risks are mitigated even before the vehicle is in motion.
A DUI arrest will lead to two separate proceedings. One is the criminal case in which you will have to defend yourself in court against potential penalties such as fines, jail time, or community service, and more. The other is the administrative process with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) related to the automatic suspension of your license.
You will have just 10 days to request a hearing and 30 days to schedule a formal review to fight the automatic loss of your license or request a restricted license. If you fail to request the hearing, your license will be suspended.
What are the Penalties For a DUI Conviction in Florida?
On the criminal side, the penalties for a DUI conviction are harsh, even for a first offense. If you have prior convictions within the last 5 to 10 years, you can expect to face even stiffer penalties.
Penalties for a first offense can include:
- Fines ranging from $500 to $1,000
- Up to 6 months in jail or mandatory treatment
- 50 hours of community service or an hourly fee in lieu of service
- License suspension from 180 days to a year
- 10 days of vehicle impoundment
Second offenses can increase jail time to 9 months, with a mandatory 10-day sentence; fines from $1,000 to $2,000; 30 days of vehicle impoundment; and license suspensions of up to 5 years. Being charged with a third offense within 10 years or a subsequent offense in your lifetime can increase the misdemeanor charge to a felony. Potential penalties dramatically increase, with a prison sentence of up to 5 years and more than $2,000 in fines. Your license may also be suspended for the rest of your life.
If you were found driving with a minor in the vehicle, if your BAC was more than .15 percent, or if DUI caused serious injury or death, you may face additional penalty enhancements, including up to 15 years of prison time.
How to Fight Back Against DUI Charges with a DUI Defense Lawyer?
As with any criminal charge, you have the right to your day in court when charged with DUI. It is important to remember that you are innocent until proven guilty. Many technical and procedural errors can be found in DUI cases, such as improperly calibrated breathalyzer equipment, improperly administered field sobriety tests, and a lack of probable cause to pull you over.
At Haworth Legal, we will thoroughly investigate every aspect of your arrest looking for any inconsistencies and mistakes that can negate the charge. Our aim is to help you obtain the best possible outcome, including a dismissal or a reduction of charges when possible.
Why Timely Legal Representation Matters?
A DUI charge triggers both criminal and administrative processes. Missing deadlines—especially the 10-day DHSMV rule—can cost you your license before your case even begins. The sooner a Clearwater DUI attorney intervenes, the better your chances of avoiding license suspension, jail time, or a permanent record.
Early representation allows for:
- Immediate defense planning
- Review of video and test results before evidence degrades
- Negotiations before formal charges are filed
- Representation at license hearings
- Protection against self-incrimination during police contact
- A proactive defense often results in better outcomes than a reactive one.
FAQs: Common Questions on DUI Defense
What happens after a DUI arrest in Florida?
A DUI arrest in Florida triggers both a criminal case and an administrative license suspension. You have only 10 days to request a DMV hearing to contest the suspension. At Haworth Legal, our Florida DUI defense lawyers act quickly to protect your license and prepare your defense in court.
What are the penalties for a DUI conviction in Florida?
DUI penalties in Florida vary depending on prior offenses and the circumstances of your arrest. They can include fines, probation, license suspension, mandatory DUI school, ignition interlock devices, and even jail time. Haworth Legal’s DUI attorneys fight to reduce or avoid these penalties.
Can I refuse a breathalyzer or field sobriety test in Florida?
You can refuse, but refusal comes with consequences under Florida’s implied consent law. A first refusal can result in a one-year license suspension, and subsequent refusals may lead to more severe penalties. Haworth Legal examines whether the stop and testing were lawful and challenges improper evidence.
Will I lose my driver’s license after a DUI in Florida?
A DUI arrest can result in an automatic license suspension, separate from the criminal case. Our Florida DUI defense lawyers at Haworth Legal assist clients in requesting hardship licenses, challenging suspensions, and fighting to restore their driving privileges.
Why should I hire Haworth Legal for DUI defense in Florida?
DUI cases are time-sensitive and carry long-lasting consequences for your record, finances, and future. Haworth Legal provides statewide DUI defense, from first-time DUI charges to felony DUI cases, protecting your license and your freedom. Contact our Florida DUI attorneys today for a consultation.
Contact Haworth Legal for a Thorough, Personalized Defense
Haworth Legal knows how to navigate high-stakes drug cases. Securing your innocence will require thoroughly analyzing all interactions with law enforcement and the circumstances leading up to your arrest. In some cases, police may violate your constitutional rights by searching your home or vehicle without sufficient probable cause. Should this occur, we can object to illegally obtained evidence and limit the prosecution’s ability to argue their case. Numerous other defense and negotiation strategies may be available, and our lawyer can fight to obtain the favorable outcome you deserve. There is more than one approach to defending a drug case, and we are committed to customizing our strategy to fit the unique details of your situation, offering you the best chance at preserving your freedoms.
Do not face drug charges in Clearwater alone. Schedule a free initial consultation by calling (727) 610-8114 or contacting us online.