Frequently Asked Questions Regarding a Clearwater DUI Arrest

from the top DUI attorneys in Pinellas County

FAQ #1: Can I Drive After an Arrest?

In most DUI cases, a subject has faced an immediate “administrative suspension” for providing a breath result above .08, or for refusing a breath, urine or blood test. As a result, there is commonly confusion as to whether a client is lawfully permitted to drive after an arrest. The length of that suspension varies depending on the type of suspension, and the client’s prior record. The length of the suspension can range from six months up to eighteen months. If this is the first and only time that a client has been arrested for a DUI, he or she may be eligible to immediately apply for hardship driver’s license privileges. If the client has a prior DUI arrest, our team can file a challenge with the DHSMV to challenge the suspension. If the client held a valid license at the time of arrest, the DUI citation should act as a temporary driver’s license for ten days. However, law enforcement does not always fill out the citation correctly, so it is imperative that a highly skilled Clearwater DUI Defense Attorney review all of your documentation.

FAQ #2: How Do I Get My Car Back?

If you were arrested for a DUI in Clearwater, odds are pretty high that law enforcement “impounded” your car after your arrest. In order to secure the release of your vehicle, you must first visit the law enforcement agency that arrested you (for example, Clearwater Police Department, Pinellas County Sheriff’s Office, Florida Highway Patrol, etc.) to secure an “impound release form.” When visiting the police agency, it is helpful if you have some sort of identification with you. In most cases, law enforcement will have confiscated your driver’s license after your arrest, so bringing your passport or other government identification will help. It is important to know that only the registered owner of the vehicle or his/her agent can secure the release of the vehicle. Thus, if a husband is arrested for DUI and the vehicle is only in the wife’s name, the wife will have to secure the release of the vehicle. Likewise, if the vehicle is a rental vehicle, the rental company will have to visit the police agency to obtain the “impound release form.” After the impound release form is obtained, you may visit the tow yard to pay the towing and storage fees and secure the release of the car.

FAQ #3: Can I Get the Continuous Alcohol Ankle Monitor (CAM) Removed?

In many cases in Clearwater, St. Petersburg, and the surrounding areas of Pinellas County, the judge that handles the advisory hearing will order that a client wear a “CAM” ankle monitor as a condition of release. These devices are designed to measure the transdermal alcohol level of an individual to determine if the subject is drinking alcohol. These devices are an eyesore, burdensome, embarrassing and expensive. In most cases, the judge that ordered you to wear the ankle monitor (the advisory hearing judge), is not the same judge that is assigned to your case. During your free consultation with our office, we will discuss the process of filing a “Motion to Modify Conditions of Release” to request the removal of the ankle monitor.

FAQ #4: Can My DUI Charge Be Reduced to Reckless Driving?

There are many benefits to having a DUI charge amended to Reckless Driving. These include avoiding the stigma of a DUI conviction, sidestepping the increased insurance premiums associated with a DUI conviction, and reducing the penalties ultimately imposed by the Court. Whether a Clearwater DUI arrest is likely to be reduced to Reckless Driving depends on the unique circumstances of each case. These include:

Whether this is a first offense or if the client has prior DUI arrests
Whether there was a traffic accident
If the case involves a breath result above .08 or a refusal to submit to testing
Whether the client qualifies for a DUI diversion program
If there were any minors inside the vehicle

Although every case is different, having an experienced Clearwater DUI defense lawyer can make all the difference in securing a favorable result.

If you or a loved one has been arrested for a DUI offense in Clearwater, St. Petersburg, or the surrounding areas of Pinellas County, don’t go it alone. We are top-rated Clearwater DUI defense lawyers that are here to help. Contact our office today for a free consultation by phone at 727-855-3847, or by completing our contact form at the link below.

Frequently Asked Questions Regarding a Clearwater DUI Arrest

from the top DUI attorneys in Pinellas County

FAQ #1: Can I Drive After an Arrest?

FAQ #2: How Do I Get My Car Back?

FAQ #3: Can I Get the Continuous Alcohol Ankle Monitor (CAM) Removed?

FAQ #4: Can My DUI Charge Be Reduced to Reckless Driving?

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