When facing a DUI charge in Florida, many assume that a breathalyzer result below the legal limit of 0.08% means automatic dismissal of any potential DUI charge. However, this is not always the case. 

Florida law allows for DUI charges based on factors beyond breath test results, and it is always important to consult with a top Clearwater DUI lawyer to protect yourself if you have been subjected to a breathalyzer test.

Role of Breathalyzer Tests in DUI Cases

A result of 0.08% on a breathalyzer or higher typically serves as evidence of impairment to an officer conducting a DUI stop. However, even if your blood alcohol content is below the legal limit, you can still be potentially charged with DUI if an officer believes your ability to drive safely is compromised due to alcohol, drugs, or any combination of substances.

Alternative Evidence in DUI Cases

When breathalyzer results fall below the legal limit, law enforcement may rely on other forms of evidence to establish impairment, such as:

• Field Sobriety Tests
• Slurred speech, bloodshot eyes, or the smell of alcohol 
• Poor and erratic driving, such as weaving between lanes or failing to obey traffic signals
• A urine or blood test if drug use is suspected by the officer

Defenses Against Breathalyzer Results Under the Legal Limit

Facing DUI charges when your breathalyzer result is below 0.08% can be frustrating and anxiety-inducing, but viable defenses exist, especially when working with the best DWI attorneys in Clearwater with the Law Office of Timothy Sullivan.

If applicable, your attorney may argue that fatigue, medical conditions, or environmental factors may explain signs of impairment unrelated to substance use. Or, they may simply choose to argue that Field Sobriety Tests are subjective and can be influenced by anxiety, uneven surfaces, poor instructions from the officer, or even improperly administered and handled.

A Low Breathalyzer Result Can Still Potentially Be Incriminating; Protect Yourself Today with The Law Office of Timothy Sullivan

If you are facing a DUI charge even after a low breathalyzer result, you should immediately consult with an experienced top Clearwater DUI lawyer at The Law Office of Timothy Sullivan. 

If you’re facing a DUI charge, you deserve to be represented by the best DWI lawyers in Clearwater. For a complimentary DUI case consultation call our office at (727) 291-9717.

As the top Clearwater DUI lawyer, a common misconception we see is that being on private property exempts drivers from DUI laws. However, under Florida law, you can still potentially face DUI charges even if you were not on a public road. 

DUI Laws in Florida

Florida DUI law applies broadly to any area accessible to motor vehicles, and it includes private property. This means that you technically can be charged with a DUI even if the incident occurs in a location that is not a public roadway, as long as the officer determines you were in ‘actual physical control’ of the vehicle while impaired. 

Working with one of the best DWI attorneys in Clearwater can help you gain confidence in your case, especially if you were wrongly charged with a DUI.

Common Scenarios on Private Property

There are several common scenarios where individuals might face DUI charges on private property. These include:

Residential Driveways

If you were parked in your driveway while sitting behind the wheel, with the engine running, while impaired, you could still face charges. Being in control of the vehicle, even if you did not intend to drive at all, can meet the criteria for a DUI.

Parking Lots

Parking lots, even when privately owned, are considered accessible to the public. An impaired driver in a parking lot can still be charged if the officer says that they observed signs of intoxication.

Private Roads

Roads within gated communities or privately owned areas can also fall under these strict DUI laws if they are open for vehicular traffic and accessible to others.

Defenses for DUI on Private Property

To be charged with a DUI, the state must prove you were in actual physical control of the vehicle. If you were not in the driver’s seat or the car was not operational, this defense could potentially be used. Additionally, If the officer lacked probable cause to approach you or conduct a DUI investigation, it may be possible to challenge the charges.

While DUI laws can extend to cover private property, specific circumstances or technicalities could impact whether the statute applies in your case. In any event, the top Clearwater DUI lawyer with The Law Office of Timothy Sullivan are prepared to thoroughly analyze the details of your situation to determine the best defense strategy.

Don’t Lose Hope if You Were Charged With a DUI on Private Property

Being charged with a DUI on private property in Florida is not only possible but also increasingly common. However, our dedicated Clearwater DUI Defense Team has found that such cases can be ideal for seeking a reduction to Reckless Driving or a dismissal.

We are here for you. To schedule your complimentary DUI case consultation with the best DWI attorneys in Clearwater, call The Law Office of Timothy Sullivan at (727) 291-9717.

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.

Residents and visitors of Tampa Bay await Gasparilla every single year. For some, it’s an excuse to dress up like their favorite swashbuckler; for others, it means parties from sunrise until sunset. 

As the best DWI attorneys in Clearwater, the team at The Law Office of Timothy Sullivan is committed to ensuring our clients enjoy their Gasparilla this year and avoid a DUI.

Areas of Increased Law Enforcement Presence

During Gasparilla, law enforcement significantly increases its presence in high-traffic areas. While they are meant to promote public safety, they result in a higher likelihood of drivers being stopped. 

Keep a special eye out for:

• Memorial Causeway leaving Clearwater Beach
• 4th Street in St. Petersburg, particularly near downtown
• Courtney Campbell Causeway, westbound from Tampa
• Gulf Boulevard from St. Pete Beach to Indian Shores
• Largo, specifically around Ulmerton Road and US Highway 19 North

To minimize your risk of getting a DUI, plan ahead by designating a sober driver, using rideshare services, or arranging for alternative transportation.

Field Sobriety Tests and BAC Levels

If you get stopped by law enforcement, you must understand your rights.  While you may be asked to perform field sobriety tests or submit to a breathalyzer test, you are not legally required to perform field sobriety tests in Florida. However, refusing a breathalyzer or chemical test can potentially result in an automatic license suspension or arrest under the implied consent law. 

Be polite to the officer(s) conducting your DUI stop, but remember that you have the right to remain silent and do not have to answer incriminating questions without legal counsel from a top Clearwater DUI lawyer with The Law Office of Timothy Sullivan.

Know Your Rights and Request a DUI Hearing

If you are arrested for a DUI, you have just 10 days to request a hearing to challenge the suspension of your driver’s license. This hearing is separate from your criminal case and provides you with the opportunity to retain your driving privileges potentially. Ensure you have legal representation and request your hearing to avoid complicating your DUI case. 

Contact an Experienced DUI Lawyer Immediately

If you’re facing DUI charges, reaching out to the best DWI attorneys in Clearwater is one of the most important steps to take. At The Law Office of Timothy Sullivan, we understand how stressful an arrest can be, so take measures to avoid a DUI this Gasparilla.

]If you are facing a DUI charge after enjoying Gasparilla festivities, you need to consult with a top Clearwater DUI lawyer. For a complimentary DUI case consultation, call our office at (727) 291-9717.

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.

Many people believe that being charged with driving under the influence requires actively operating a vehicle, but that is not necessarily true.

In Pinellas County, law enforcement can file DUI charges against individuals who are not driving based on the legal concept of “actual physical control.” If you find yourself facing a DUI charge when you were not operating a vehicle, it is important that you consult with one of the leading DUI defense lawyers in Clearwater with the Law Office of Timothy Sullivan.

What is “Actual Physical Control”?

The term “actual physical control” refers to the ability to operate a vehicle, even if it is not in motion. Florida law considers someone to be in actual physical control if they are in (or on, in the case of a bicycle or motorcycle) the vehicle and have the capability of operating the vehicle, even if there is no intent to drive whatsoever.

For example, if you are sitting in the driver’s seat of a parked car with the keys in the ignition, law enforcement may argue that you have actual physical control over the vehicle, even if the engine is off. Actual physical control arguments against you require a strong defense strategy from an experienced DUI defense lawyer in Clearwater with The Law Office of Timothy Sullivan.

Situations That Could Lead to a DUI Without Driving

Several situations can potentially result in a DUI charge, even if you are not actively driving the vehicle. 

Sleeping in a Parked Car

If you are intoxicated and fall asleep in your car, you could potentially be charged with a DUI. Law enforcement may argue that you had the potential to operate the vehicle.

Pulling Over to Rest

Even if you stop driving and pull over to avoid driving under the influence, you could still be charged if you remain in control of the vehicle and are intoxicated.

Idling in a Parking Lot

Sitting in a car with the engine running, even if it is parked, can lead to a DUI charge if you are under the influence.

Factors That Influence DUI Charges Without Driving

When law enforcement considers filing DUI charges in cases where driving did not occur, several factors can come into play:

• If the keys are in the ignition, on your person, or within easy reach, this can support the prosecution’s claim of actual physical control. 
• Sitting in the driver’s seat, or any position that suggests you could operate the vehicle.
• The condition of the vehicle, such as a running engine or recent signs of operation, can serve as evidence of your control over it.

Protecting Your Rights in Pinellas County After a DUI Charge When You Were Not Driving

DUI charges in Pinellas County are serious, even when driving was not involved. The penalties for a conviction can include fines, license suspension, mandatory DUI school, and even jail time. 

If you are facing a DUI charge, it is critical that you seek experienced legal representation from a top Clearwater DUI defense lawyer. At The Law Office of Timothy Sullivan, we are committed to defending individuals accused of DUI offenses, including those involving allegations of actual physical control. 

For a complimentary DUI case consultation with a skilled and dedicated Clearwater DUI attorney, call our office at (727) 291-9717.

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.

The holiday season is a time of celebration, gathering with loved ones, and enjoying festive traditions. But at the Law Office of Timothy Sullivan, our Clearwater DUI defense lawyers know how quickly a merry celebration can turn into a serious legal matter, so we’ve compiled our top tips to help keep your holiday spirits bright without a DUI.

Tips for Staying Safe and DUI-Free

1. The easiest way to avoid a DUI is to plan ahead for a designated driver or use a rideshare service like Uber or Lyft instead of relying on driving yourself home. 
2. If you’re planning to drink, it’s important to know your limits and be mindful of how alcohol affects your body. Different people metabolize alcohol at different rates, and factors like age, gender, weight, and food intake can influence your blood alcohol content. If you’re uncertain about your level of impairment, it’s always better to err on the side of caution and avoid driving.
3. Never combine alcohol with other substances, such as prescription medications, over-the-counter drugs, or recreational drugs. The combination of alcohol and these substances can have unpredictable effects on your coordination and reaction time, which can potentially increase the likelihood of an impaired driving arrest.
4. Taking it easy on alcohol allows you to stay in control, make responsible decisions, and avoid a DUI situation.
5. If you are pulled over under suspicion of a DUI, immediately seek consultation from an experienced Clearwater DUI lawyer with The Law Office of Timothy Sullivan. 

Stay Aware of Increased DUI Patrols and Checkpoints

Around Pinellas County, law enforcement increases DUI patrols and sets up checkpoints during Thanksgiving around high-traffic areas, including:

• Memorial Causeway leaving Clearwater Beach
• 4th Street in St. Petersburg, particularly near downtown
• Courtney Campbell Causeway, westbound from Tampa
• Gulf Boulevard from St. Pete Beach to Indian Shores
• Largo, specifically around Ulmerton Road and US Highway 19 North

If you are arrested for DUI over the holidays, the first course of action is to immediately contact the Clearwater DUI defense lawyers with The Law Office of Timothy Sullivan, the number one DUI defense law firm for experienced legal representation.

Avoid a DUI This Holiday Season

This holiday season, keep the focus on celebrations with your loved ones, not on the potential consequences of a DUI. 

To schedule a complimentary DUI case consultation with one of the leading DUI lawyers in Clearwater, call the Law Office of Timothy Sullivan at (727) 291-9717. 

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.