If you are planning to have a drink at a Halloween party, always have a designated driver with you who is not drinking during the celebration. If you suspect that your designated driver has been drinking, do not get in the vehicle with them. 

Additionally, you should never carry an open container of alcohol into the vehicle with you. Even if you are not the designated driver behind the wheel, even a passenger in a motor vehicle can be cited for possessing an Open Container.

Speaking with an experienced member of our DUI Defense team immediately after you learn of a possible violation will allow us to craft a plan of action to minimize the effects that a Violation of Probation will have on your life. Our team of lawyers practices in front of each of the County Court judges on a daily basis.

While most people are familiar with the idea that if they are arrested for Driving Under the Influence in St. Petersburg or Clearwater, Florida, the police will request a breath test. Fewer people are aware that law enforcement may also request that you submit to urine testing.

Florida Statute §316.1932(1)(b) provides that any person who has accepted the privilege to drive in the State of Florida has “impliedly consented” to a test of their urine for the purpose of detecting the presence of chemical or controlled substances if the individual has been lawfully arrested for driving under the influence and law enforcement has probable cause to believe that the individual is impaired by a chemical or controlled substance.

While a breath test is the primary method by which law enforcement would determine a person’s blood alcohol level, the testing of a urine specimen is the primary means by which law enforcement would determine if an individual has consumed a controlled substance or chemical substances.

Before we answer the question of whether or not a DUI puts points on your license, let’s discuss a few basics of what the point system is. The point system in Florida is the method in which violations are scored, so to speak. 

Different violations carry different point values – for example, reckless driving conviction would add four points to your license, while speeding can add three to four points depending on how fast you were driving. If you receive too many points within a given period of time, you may be facing suspension of your license. 

To answer the original question, a DUI doesn’t add points to your license, but that’s because your license is likely already being suspended and a conviction for DUI, in and of itself, will cause significant insurance ramifications. Under Florida DUI law, a DUI charge carries the possibility of two different driver license suspensions: an “administrative” suspension which occurs on the night of the arrest, or a “court-ordered” suspension. A court ordered suspension only occurs upon conviction for the DUI offense.

There are a few things out-of-state visitors may need to consider if they’ve been charged with a DUI in Pinellas County. 

The first thing out-of-towners should know is that if you are arrested for a DUI while on vacation, law enforcement may confiscate your out of state driver’s license if you provided a breath or blood alcohol level above .08 or if you refused a breath, urine or blood test. Our experienced team of DWI defense lawyers will counsel you on efforts that you must take to get through TSA security if you are flying. Likewise, our office can advocate on your behalf in an effort to challenge the suspension imposed in Florida.

When it comes to returning home, you may be permitted to travel back to your home state. In some cases, our office will need to file an Emergency Motion to Permit Out of State Travel to allow you to do so. 

The legal definition of a DUI is defined in Florida Statute Florida Statute 316.193, which states that a driver is “under the influence” if they have taken a drug and their “normal faculties are impaired.” 

What does that mean? If a person has taken something that has affected their physical or mental capacities and are unable to safely operate a vehicle, they are driving while impaired. 

For example, if you have been legally prescribed Alprazolam (“Xanax”) for anxiety and need to leave the house for any reason, you may be arrested for driving under the influence of prescription medications. Another common example is driving while under the influence of a high dosage of Adderall. This drug is used to treat ADHD, and although you can drive safely while taking it, if you take too much of it you may become more prone to aggressive or dangerous driving. Of course, if you regularly take these medications, they will always show up in a urine specimen.

In this instance, you could be charged with a DUI even though the medication was legally prescribed to you and you are using it to treat a chronic condition.

The first step after being bailed out of jail is to make a plan for your vehicle. You may be facing a temporarily suspended license, and if your vehicle was being used for a road trip you may be facing frustrating circumstances. 

In many cases, you’ll need to make a plan to retrieve your vehicle from being impounded. Additionally, if your children were with you on your trip, you may need to make alternative arrangements to help them get home. 

If you were driving a rental vehicle, you will likely need to alert the rental company if the vehicle is impounded and you are unable to get it out. As the owners of the vehicle, they may be required to retrieve the rental vehicle.

When you’ve been pulled over, it’s frustrating and you might be tempted to argue to defend yourself. While you certainly do not want to be a push-over, it’s important to remain as polite as possible when dealing with law enforcement. 

On the flip-side, you should avoid being overly friendly with law enforcement and accidentally saying something you might regret. For example, you don’t want to admit that you were just having drinks with friends.

If you’re planning to drink at a holiday party or gathering, make sure that you decide ahead of time who is going to be the designated driver. If you’re going to a variety of parties or gatherings during the season, consider rotating and serving as the designated driver yourself as well. 

No matter who is the designated driver, make sure that you discuss it ahead of time and if you notice the designated driver still having a drink, talk to them and make sure they understand that they can no longer drive. You’re not only protecting yourself from a DUI, but protecting your friend or family member from a DUI and keeping everyone on the road safe.

You might be surprised to find out that you can be arrested for drinking and driving a golf cart with the same severity as driving a car or SUV. That’s because DUI charges apply to any vehicle under Florida Statutes 316.193. If you have a blood alcohol content (BAC) of .08% or greater, you can be charged with a DUI.

This applies to drinking and driving a golf cart on the road or on a golf course. In fact, the location of the golf cart is less important than whether you were behind the wheel or not. However, you’re less likely to be arrested for a DUI if you’re driving on private property, like a private golf course, than you are if you are driving on the road in one of Florida’s many golf cart communities. 

Our office is increasingly being contacted by individuals who have been arrested for DUI on golf carts. Common reasons that these individuals are pulled over by the police include:

• No headlights at night;
• Operating the golf cart on roads where golf carts aren’t permitted; and
• Running stop signs.

If you are operating a golf cart on public roadways, make sure that you obey all “rules of the road.” Operating golf carts during the late evening hours is often interpreted by law enforcement as a likelihood of “bar hopping,” so the officers will be looking for a reason to pull you over.