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What Is an Enhanced DUI?

June 2023

An enhanced DUI, sometimes referred to as an aggravated DUI, refers to a driving under the influence offense where the driver’s blood alcohol concentration (BAC) is above 0.15% or if there is a person under the age of 18 in the vehicle at the time of the arrest. 

In this article, we will explore the consequences of an enhanced DUI and the importance of obtaining legal representation from the best DUI lawyers in Clearwater at The Law Office of Timothy Sullivan.

Consequences of an Enhanced DUI

When charged with an enhanced DUI, individuals may face increased penalties and fines compared to standard DUI offenses. The severity of these consequences underscores the importance of retaining legal counsel from the top DUI attorneys in Clearwater with The Law Office of Timothy Sullivan to help you in this scenario. Here are some key aspects to consider:

Increased Penalties and Fines 

The legal system takes a stronger stance on enhanced DUI cases due to the significantly elevated BAC levels or the presence of a minor in the vehicle. For example, a 1st DUI offense that is enhanced results in a fine not less than $1,000 or no more than $2,000, whereas a 1st DUI offense with a BAC under .15 results in a fine not less than $500 or more than $1,000.

Mandatory Alcohol Education or Treatment Programs 

Individuals convicted of an enhanced DUI are required to attend DUI school and apply to Florida Highway Safety and Motor Vehicles (FLHSMV) for a hearing for a possible hardship reinstatement, as well as possible treatment programs for alcohol abuse, if applicable. These programs aim to address alcohol-related issues and prevent future offenses. We find that it is very common that the DUI educational program will require additional counseling if an individual has been charged with an enhanced DUI.

Ignition Interlock Device (IID) Requirements

First-time enhanced DUI offenders are also subject to a mandatory ignition interlock device (IID) for up to 6 months. An ignition interlock device is a breathalyzer-like device connected to a vehicle’s ignition system, requiring the driver to provide a breath sample before starting the vehicle. If the BAC reading is above the set limit, the vehicle will not start. Compliance with IID requirements is crucial, as violations can lead to further legal consequences and potential extensions of the IID period.

The Importance of Legal Representation When Charged with an Enhanced DUI

Legal representation plays a critical role in navigating the complexities of an enhanced DUI case. Our attorneys have an extensive track record of DUI defense success. They will assess the circumstances surrounding your enhanced DUI charge and identify a strategy to achieve the best possible outcome. In some cases, our team of top rated DUI defense lawyers can negotiate a reduction from an enhanced DUI to a non-enhanced DUI, or even a reduction to Reckless Driving if substantial issues are discovered with the case.

When facing an enhanced DUI charge, consult the highly experienced DUI attorneys in Clearwater with The Law Office of Timothy Sullivan.

Request a free DUI consultation today by calling us at (727) 855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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Celebrate Freedom and Avoid a DUI this Fourth of July

June 2023

As the Fourth of July approaches, it’s time to celebrate our freedom and enjoy the festivities. However, it’s important to remember that drinking and driving can quickly turn a joyous occasion into a legal nightmare. 

At The Law Office of Timothy Sullivan, the leading DUI defense law firm in Clearwater, we are committed to helping you stay safe and avoid the serious consequences of a DUI arrest. Here are our tips to ensure a DUI-free Fourth of July.

Best Way to Avoid a DUI: Don’t Drink and Drive

The most effective way to avoid a DUI is simple: don’t drink and drive. Instead, opt for alternative transportation methods such as designated drivers, ride-sharing services, or public transportation. By making responsible choices and planning, you can safeguard your freedom and protect yourself and others on the road.

Highly Patrolled Roadways Over the Holiday Weekend in Pinellas County

Here are a few specific locations in Pinellas County where law enforcement tends to patrol more heavily during the Fourth of July holiday weekend:

 

  • Memorial Causeway leaving Clearwater Beach
  • 4th Street in St. Petersburg, especially when leaving or entering downtown
  • The Courtney Campbell Causeway westbound as people are returning to Pinellas County from Tampa
  • Gulf Boulevard from St. Pete Beach down to Indian Shores
  • Largo, in the area of Ulmerton Road and US Highway 19 North

Best Practices if You Are Stopped by Law Enforcement for a Suspected DUI

In the unfortunate event that you are stopped by law enforcement for a suspected DUI, it’s crucial to know how to handle the situation appropriately. Remember the following best practices:

Stay Calm and Respectful

Remain composed and cooperative during the interaction with law enforcement officers. Avoid arguing or exhibiting aggressive behavior, as it may escalate the situation.

Invoke Your Rights

You have the right to remain silent and the right to legal representation from a leading DUI defense law firm in Clearwater, like The Law Office of Timothy Sullivan. Politely exercise these rights by respectfully declining to answer any potentially self-incriminating questions until you have a lawyer present to advise you.

Refrain From Performing Field Sobriety Tests

Field sobriety tests are voluntary, and you have the right to refuse them. These tests can be subjective and potentially used against you in court. You should know that these tests are very hard to perform, even if you have not been drinking. When you add in the stress of a potential arrest, your chances of performing in a way that the officer finds satisfactory are low. If you refuse the tests, you will likely be arrested. However, you will also be depriving the State Attorney of this important, pivotal evidence.

Know Your Rights with Respect to the Breath Test

If you are arrested for a DUI, law enforcement is going to try and convince you to provide a breath sample. Law enforcement will go to great lengths to tell you the consequences of refusing a breath test. What they often will not tell you are the consequences of providing a breath test. Here are a few things you should keep in mind:

  • If it is your first offense, you are eligible to apply for a hardship license whether you blow or refuse a breath test if you had a valid license at the time of the arrest;
  • If you provide a breath sample and it is above .150, you may not be eligible for a diversion program that you would have qualified for if you had refused; and
  • If you provide a breath sample and the result is above .150, the penalties are greater than if you had refused.

If you or a loved one is facing DUI charges this Fourth of July, seek professional legal guidance from a top Clearwater DWI lawyer with The Law Office of Timothy Sullivan to help you reduce or eliminate your DUI charge. 

At The Law Office of Timothy Sullivan, our team of top DUI lawyers in Clearwater is ready to protect your rights and fight for the best possible outcome. Celebrating freedom should never come at the expense of your future. Don’t hesitate to request a free DUI consultation or call us at (727) 855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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How Do I Become Eligible for a DUI Diversion Program in Pinellas County?

June 2023

Between 2021 and Q1 2023, there were 4,054 DUI charges in Pinellas County. In order to help quickly resolve first-time DUI offenses and prevent jail time, Pinellas County implemented a pre-trial intervention for DUIs called the D.R.O.P. Diversion Program. 

What Is a Diversion Program, and How Can It Help Me?

Pinellas County diversion programs, such as the D.R.O.P. program, are programs designed to “divert” minor offenders from the court system, and allow them to perform certain tasks (usually focused on rehabilitation) while the court proceedings are “stayed,” “continued,” or “put on hold.” In exchange, the State Attorney agrees to provide some form of relief to the accused. If accepted, a diversion program may help you entirely avoid a conviction for DUI and the charge is amended to “Reckless Driving.”

There are several requirements and pre-conditions that must be met by defendants in order to qualify for the D.R.O.P. program. Each case and application for the D.R.O.P. program is evaluated on an individual basis. There are a few conditions that may render you ineligible for the program: if your blood or breath alcohol levels were above 0.150, if your case involves bodily injury, significant property damage, or minor children, as well as other disqualifying events such as driving without a license.  If you have been charged with a DUI offense in Pinellas County, our top-rated DUI defense lawyers will evaluate your possible eligibility for participation in the DUI diversion program. We will guide you every step of the way and instruct you on which tasks to accomplish to give you the best chances of securing a reduction in charge from DUI to Reckless Driving.

It’s essential to consult one of our Clearwater DUI attorneys as soon as possible following a DUI charge to determine if you’re eligible for the D.R.O.P. program. If you do not qualify for D.R.O.P., we may still be able to reduce your DUI charge to reckless driving.

Trust the Clearwater DUI Lawyers at The Law Office of Timothy Sullivan

 

As former state prosecutors who specialize in DUI defense within Pinellas County, we are uniquely positioned to obtain the most favorable outcomes for our clients who are charged with a DUI. 

If you’ve been charged with a DUI in Pinellas County, complete our contact request form or give us a call right away at 727-855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Defense services for DUI and DWI offenses

FREE
CONSULTATION

24 Hours a Day, 7 Days a Week