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DUI Crackdowns for the Super Bowl: What Are Your Rights?

DUI Crackdowns for the Super Bowl: What Are Your Rights?

Oftentimes as a result of holidays, celebrations, or events, local law enforcement will increase patrolling and crack down on drivers that appear to be impaired. One time during which this is a common occurrence is the night of the Super Bowl.

If you are pulled over after a Super Bowl party because an officer believes you are driving under the influence, there are a variety of tests to which they can ask you to submit; but with each of those tests, you have the right to agree or refuse. Each choice comes with its own set of pros and cons. 

In this article, top DUI lawyers in Clearwater with The Law Office of Timothy Sullivan lay out all of your rights and choices throughout a DUI investigation, and how those choices can help your case if you end up being charged with a DUI.

You Have the Right to Refuse Field Sobriety Tests

If you are stopped for DUI, the law enforcement officer may ask you to perform Field Sobriety Tests (FSTs), such as “Finger to Nose,” “Walk and Turn,” “One-Leg Stand,” etc. If you believe that performing these tests would be detrimental to your case, you have the right to refuse to submit to those tests. In this case, the officer must decide if he has enough other evidence to make a DUI arrest, or to drop the investigation and allow you to continue on your way.

If you do choose to submit to FSTs, they are often recorded by dash-mounted video cameras in the officer’s patrol car. If you end up being arrested for DUI, our attorneys can examine the video footage of your performance and potentially challenge the officer’s interpretation of the results. Many clients express concern with how they will look on the video, but we have found in many cases that our client’s appearance on video is much better than they thought, and more importantly, much better than the officer described. If you do refuse the roadside sobriety tests, it is likely that you will be arrested, but you will deprive law enforcement of potentially damaging evidence of you performing poorly on the tests or otherwise demonstrating poor balance and dexterity.

You Have the Right to Refuse the Breath Test

Law enforcement officers can also ask you to submit to a breath test, in which a machine called an Intoxilyzer is used to detect the level of alcohol vapor in your breath, which can be used to determine your blood alcohol level. Again, there are pros and cons when deciding whether to refuse this test.

A breath test reading that is under the legal limit, on the one hand, provides compelling evidence to support a reduction of charges or even a motion to dismiss the DUI charge if you are arrested. However, if you are concerned that the breath test may result in a reading that is at or greater than 0.08, you may prefer to refuse the test altogether. In our experience, a greater number of “refusal” cases tend to get reduced than cases built upon Intoxiliyzer results. If you refuse a breath test, you will suffer an administrative suspension of 12 to 18 months. If it is the second time you have refused a breath test, you might also face a separate criminal charge of “refusal to submit to testing.” If you take the breath test and your breath alcohol level is above .15, you would suffer enhanced sanctions and no longer be eligible for the DROP diversion program if it is your first offense.

You Have the Right to Refuse a Urine Test

If you are arrested for DUI, when you arrive at the station, the officer may ask that you provide a urine sample to use for a urinalysis, which detects whether you have consumed any controlled substances. The problem with this test is that it isn’t able to determine when controlled substances were consumed. So, for example, if you took a prescribed anti-anxiety medication in the morning, and then were arrested that night or the next day, the medicine would appear on a urinalysis, and it may appear that that substance was impairing your driving, despite your appropriate use.

Refusal to submit to the urine test does come with drawbacks – the officer will have to file a citation against you that results in a one year license suspension. However, if this is your first and only DUI arrest in your lifetime, you would be immediately eligible to apply for a hardship license for the entire one year driver’s license suspension. What’s more, the lack of urinalysis results could strengthen your case and help a top DUI attorney in Clearwater with our team secure a reduction in charges, a Not Guilty verdict, or an outright dismissal of your case.

You Have the Right to Request a Blood Test

Under Florida law, if you submit to the breath and urine tests requested by law enforcement, you are entitled to have an independent blood draw conducted to determine the presence of chemical or controlled substances in your blood. Although a urine test cannot tell us when a substance was consumed, a blood test is much more accurate for determining how recently a substance had been consumed. Thus, if you are arrested for DUI, but concerned about the joint that you smoked at a party a few weeks ago, it may be wise to advise the officer, “Yes, I will submit to the urine test, but I would also like your assistance in obtaining an independent blood test.” 

Obtaining an independent blood test that yields results that demonstrate that you did not have any chemical or controlled substances in your bloodstream at the time of your arrest can often be iron-clad affirmative evidence that you were not DUI.

You Have the Right to Retain a Top DUI Lawyer in Clearwater

If you are arrested for DUI in Pinellas County, retaining a lawyer who specializes in DUI defense is in your best interest. The attorneys at The Law Office of Timothy Sullivan not only have many years of experience in DUI defense, but hold unique certifications and participate in continuing education that makes us uniquely qualified to examine any tests you submitted to and compile the best possible defense for your case. 

Call the top DUI lawyers in Clearwater at The Law Office of Timothy Sullivan today for your free case evaluation. We are available at any time by phone (727) 855-3847; or, complete our online contact request form.

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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Our Biggest DUI “Wins” of 2022 | The Law Office of Timothy Sullivan, P.A.

Our Biggest DUI “Wins” of 2022 | The Law Office of Timothy Sullivan, P.A.

As 2022 winds down to an end, our office looks back fondly on the hard work that produced excellent results for our clients. What we know is that there are no shortcuts to success. Each client that hires our firm is provided individual attention and a strategy is designed based upon the unique facts and circumstances that the client is facing. While we are proud of the work that we accomplished on each and every case, there are five that stand out as our greatest success stories from this calendar year.

State of Florida v. D.M. – NOT GUILTY VERDICT

Our client was a CDL driver’s license holder. While visiting Florida, he was stopped for a traffic violation and arrested for Driving Under the Influence. He declined to submit to field sobriety exercises and breath testing. A conviction for DUI would have been a career killer. After weighing his options, our client elected to have his case resolved with a trial. Mr. Sullivan defended the client against the allegations and raised reasonable doubts as to his guilt. Ultimately, a verdict of Not Guilty was rendered and our client was able to maintain his employment.

State of Florida v. A.G. – NOT GUILTY VERDICT

Our client was gainfully employed in the medical field. As a young man, the client had been convicted of a DUI manslaughter offense and served time in state prison. While driving home from work one day, he was arrested for a misdemeanor DUI offense under the theory that he was impaired by his prescription medications. Mr. Sullivan used his Drug Recognition Expert training to poke holes in the state’s theory of impairment and our client was ultimately found Not Guilty of DUI.

State of Florida v. R.W. – 4TH OFFENSE FELONY DUI REDUCED TO RECKLESS DRIVING

Our client was charged with a fourth offense DUI and was facing a lifetime loss of his license. The client hired Mr. Sullivan to defend his case shortly after the arrest. Mr. Sullivan’s early intervention in the case resulted in the administrative license suspension being invalidated and our client was able to fully reinstate his license. In the criminal case, Mr. Sullivan reviewed all discovery and evidence which revealed several factual and legal defenses. These issues were brought to the attention of the State Attorney who ultimately agreed to amend the Felony DUI to a misdemeanor reckless driving. Our client was able to resolve the case with no DUI conviction, no loss of license and no jail time.

State of Florida v. J.M. – 2ND OFFENSE DUI WITH BAC OF .11 REDUCED TO RECKLESS DRIVING

Our office was contacted by a client in the middle of March. He had been charged with a DUI and hired another firm to represent him. The law firm was based out of Miami but advertised heavily on the internet for Pinellas County cases. After 8 months, he had never met his lawyers and they told him he should plea to a DUI, go to jail for 10 days, and accept a 5-year license revocation. After changing lawyers, Mr. Sullivan obtained all of the video, discovery, and intoxilyzer evidence associated with the case. He found a significant legal issue with the case that had been overlooked by the out-of-town Miami lawyers. Mr. Sullivan was able to leverage this legal issue in a way that the State Attorney agreed to reduce the second offense DUI to Reckless Driving. This outcome allowed our client to avoid jail time and the five-year loss of license.

Hire a Team of Highly Rated DUI Defense Attorneys in Pinellas County with The Law Office of Timothy Sullivan

While each case presented its own unique challenge, the common denominator is that there is no shortcut to success. When you hire the best DUI attorneys in Clearwater, our highly rated DWI defense attorneys will investigate all aspects of your case to ensure that we secure the most favorable outcome in your case.

Should you or a loved one be charged with a DUI in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, give our office a call at 727.578.0303 to schedule a free consultation to discuss the matter and learn what our team may be able to do to help you.

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Pinellas County “DUI Wolf Packs” | 3 Things to Know

Pinellas County “DUI Wolf Packs” | 3 Things to Know

According to Florida Highway Safety and Motor Vehicles, driving under the influence of drugs or alcohol caused over 750 fatal car accidents across Florida in 2020. With driving under the influence being such a prevalent issue, it is reasonable to understand the great measures local law enforcement takes to keep drivers safe. 

One of the latest Pinellas County initiatives to reduce drunk driving has been dubbed the “DUI Wolf Pack.” During times when incidents of impaired driving increase (including holiday weekends such as Memorial Day weekend and Fourth of July weekend), officers are organized into patrol groups called “wolf packs,” whose main job is to crack down on DUIs with increased patrol and arrests throughout Pinellas County. 

While reducing the number of drivers who get behind the wheel while under the influence is an important effort, even more important is ensuring Pinellas County drivers are protected and treated fairly by law enforcement. In this article, the top DWI lawyers in Clearwater with The Law Office of Timothy Sullivan explain three things you should know about “DUI Wolf Packs.”

1. DUI Wolf Pack Initiatives Occur Multiple Times a Year

These operations occur numerous times a year and consist of large-scale patrol units that pull over drivers suspected to be under the influence. During these stops, officers will test your blood alcohol content no matter the reason and file charges according to the results. Oftentimes, the “wolf packs” will look to pull over as many drivers as possible on those evenings to increase the chances of locating and arresting impaired drivers. Common reasons for traffic stops include expired registration, stopping in front of a stop bar at a light or stop sign, or failing to maintain a single lane.

If you are pulled over by one of these wolf pack patrols, it is essential to know your rights when it comes to submitting to a breathalyzer test and other field sobriety tests (FSTs). In Florida, the FSTs are not mandatory, but if you refuse, you risk the officer making a decision to arrest and charge you with a DUI based on various other factors.

Our seasoned attorneys received the same certifications as Pinellas County law enforcement officers for both the breathalyzer test and field sobriety tests. We are able to analyze the results of those tests and determine if they were administered correctly and fairly.

2. DUI Wolf Packs Serve as a Deterrent

The goal of DUI Wolf Packs is not to arrest more people for DUIs, but to serve as a deterrent, and to make one think twice about drinking and driving. For this reason, DUI Wolf Packs in Pinellas County are typically announced to the public. Be sure to pay attention to the local news and follow us on Facebook to know when the next DUI Wolfpack operation will be in effect.

In a recent DUI Wolf Pack Initiative during the 2022 Fourth of July weekend, wolf packs throughout Pinellas County made 25 DUI arrests. In addition, 25 people were cited for driving without a license, four for not having car insurance, and two for violations of driver’s license restrictions. Law enforcement officers also issued 36 speeding tickets, 30 non-moving violations, and 46 moving violations.

As the top DWI lawyers in Clearwater, the team at The Law Office of Timothy Sullivan is equipped to handle any case that results from a DUI Wolf Pack operation.

3. Charged With a DUI? Hire The Law Office of Timothy Sullivan

If you’re charged with a DUI, we will thoroughly evaluate your case and utilize our expertise to obtain the most favorable outcome. Our DWI defense lawyers in Clearwater will review your case and create a strategy to protect your rights, and your future.

Do not become another statistic in the Pinellas County criminal justice system; reach out to our DWI defense lawyers in Clearwater immediately. Contact us today for a free consultation. 

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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5 Reasons You Should Never Fight a DUI Charge in Pinellas County on Your Own

5 Reasons You Should Never Fight a DUI Charge in Pinellas County on Your Own

Because DUI violations are prosecuted with particular vigor by the State Attorney’s Office in Pinellas County, fighting your DUI charge without representation is a risk not worth taking. 

As the best DUI lawyers in Clearwater, the team at The Law Office of Timothy Sullivan is no stranger to the Pinellas County courtroom, judges, or prosecutors. Each of our attorneys have previously served as prosecutors for years, and are prepared to achieve the best possible outcome for your case. Read on to learn more about the benefits of hiring a DUI attorney with The Law Office of Timothy Sullivan.

1. Build a Sound Strategy for Your Defense

When choosing to represent yourself after being accused of Driving Under the Influence, you miss out on the valuable expertise that our team at The Law Office of Timothy Sullivan has to offer. 

Our holistic team approach means that each attorney in our office works together on every case, providing various perspectives and backgrounds that ultimately build a sound strategy for your defense. Some of the most common possible defenses used for DUI are Improper Stop, where officers have a lack of probable cause, Mistake of Fact, where the individual has an honest belief that they are not intoxicated, and inaccuracy of the breathalyzer test or field sobriety test. This level of support from a team of dedicated attorneys is unmatched, and you can have confidence in knowing that your defense strategy will remain strong throughout the case.

2. Increase Your Chances to Obtain a Favorable Outcome

For most defendants, serving jail time is the worst case scenario. By hiring one of our attorneys that has extensive experience in DUI defense, you can be certain that we will fight to achieve the most favorable outcome.

Because our attorneys are former prosecutors, we have extensive experience on both sides of the courtroom. Additionally, our attorneys are familiar with many of the judges in the Sixth Judicial Circuit, having worked with them previously. These relationships matter when it comes to obtaining a favorable outcome.

3. Avoid Jail Time & Loss of License

When arrested for a DUI, losing your license and spending time behind bars does not always have to be your future. In many instances, our clients may have the opportunity to attend DUI School/Alcohol Evaluation and Treatment, take part in a DUI Diversion Program, or participate in community service rather than serve jail time. 

The attorneys at The Law Office of Timothy Sullivan understand how to convince the County Court and the State Attorney’s Office that you will not reoffend. In other words, having the best DUI attorney in Clearwater by your side in the courtroom provides necessary reassurance to judges and prosecutors.

4. Avoid the Stigma of Being Found Guilty of a DUI

Being found guilty of any crime, but especially a DUI, often comes with a stigma that you are a bad person, have no control over yourself, and seek to harm others. This can cause you to lose your job, become isolated from family and friends, feel a sense of powerlessness, and lose your sense of identity. However, many offenders that find themselves in this difficult situation have never before been in legal trouble. 

We will do everything in our power to help you maintain a normal life and avoid the stigma of being found guilty.

5. Navigate a Confusing Legal System

The legal system can be complex and confusing, especially without an attorney in your corner. At The Law Office of Timothy Sullivan, we pride ourselves on providing individuals with a second chance at life, and do so through expertise of the Pinellas County court system. 

We work to advise our clients on each and every step to take after being arrested for a DUI, from filing all documentation properly to meeting important deadlines and behaving appropriately in the courtroom. Just as a doctor understands the intricacies of the human body and provides the best treatment for your ailments, the attorneys at The Law Office of Timothy Sullivan understand the intricacies of the legal system, and will help you navigate the ins and outs of the courtroom.

Hire the Best DUI Attorney in Clearwater to Fight for Your Rights

As soon as you are arrested, calling the best DUI lawyers in Clearwater with The Law Office of Timothy Sullivan should be your top priority.

If you have been charged with a DUI in Pinellas County, our team of top-rated DUI lawyers can help. Contact us today for a free consultation so that we may discuss the specific facts of your case and begin building a sound strategy.

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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4 Important Things to Know Before Driving Under the Influence of Prescription Drugs

4 Important Things to Know Before Driving Under the Influence of Prescription Drugs

According to a study conducted by the CDC, drugs are involved in over 15% of vehicle crashes annually. While DUIs may be more commonly associated with alcohol, they also include the use of any substance that impairs cognitive and motor function, whether legally prescribed or not. 

Given the high number of DUIs that involve prescription drugs, it is important to understand what constitutes a DUI, as well as the types of drugs that can result in DUI charges. It is also crucial to understand the importance of immediately contacting the best DUI lawyers in Clearwater with The Law Office of Timothy Sullivan if you find yourself accused of driving under the influence of prescription drugs. 

The top DUI lawyers in Clearwater at The Law Office of Timothy Sullivan provide the facts below so you can be informed and well-represented no matter the situation you find yourself in.

Prescription Drugs Can Amplify the Effects of Alcohol

Most commonly associated with alcohol, a DUI charge can also result from driving while using an array of prescription medicines. Mixing prescription drugs and alcohol can result in stronger side effects of either substance. One drink while on strong cold medicine could cause impairment equivalent to multiple drinks.

When taking medication prescribed by a doctor, talk with them about how the prescriptions will impact your day-to-day functions. Understanding the dosage prescribed, the time it takes for the drug to work through your system, and how your body will react are all questions you should know the answer to. 

Knowing and following the recommendations associated with all prescription medications is vital to being a safe driver and avoiding a DUI charge.

Which Prescription Drugs Can Result in a DUI Charge?

Many medications commonly prescribed for anxiety or allergies can cause drowsiness and impact reaction time. Additionally, prescription drugs used as stimulants can cause difficulty concentrating. 

The following list contains drugs that most commonly lead to DUIs

  • Adderall 
  • Xanax 
  • Ambien 
  • Vicodin 
  • Clarinex 

If you regularly take any of the above medicine, be aware of how these drugs impact your driving ability. Being proactive about your routines around medicine and driving will help to avoid DUI charges altogether.

No Per Se Limit for Drugged Driving in Florida

While the BAC limit for driving under the influence of alcohol in Florida is clearly defined at .08%, there is no per se limit for driving under the influence of drugs. In order to determine whether or not you have taken controlled substances or other chemical substances, the police may ask you to submit to a urinalysis. The problem with this test is that it can detect chemicals as long as a week after you have taken them. 

If you find yourself in this scenario, it may be in your best interest to exercise your right to refuse the urinalysis test and contact an attorney at The Law Office of Timothy Sullivan immediately.

Call The Law Office of Timothy Sullivan if Charged With a DUI While Under the Influence of Prescription Drugs

Getting charged with a DUI involving prescription drugs can be as impactful to your life as a DUI involving alcohol. Jail time, fines, community service, license suspension, and damage to your reputation are just a few consequences of being convicted. Working with The Law Office of Timothy Sullivan means working with best DUI lawyers in Clearwater to ensure a favorable outcome. 

Don’t put your future at risk when the solution is simple. Contact our team of top DUI Attorneys in Clearwater, today for a free consultation.  

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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Five Questions to Ask When Hiring An Attorney for a DUI Manslaughter Arising Out of Pinellas County

Five Questions to Ask When Hiring An Attorney for a DUI Manslaughter Arising Out of Pinellas County

DUI Manslaughter cases are prosecuted with particular vigor in Pinellas County. In fact, the State Attorney’s Office has an entire division of prosecutors known as “Traffic Homicide Prosecutors” that are assigned to these sensitive and high stakes matters.

Which Counties Does Your Law Firm Practice in?

Although the laws associated with DUI Manslaughter are the same throughout the State of Florida, the way that each county handles these important cases varies from county to county. In fact, many are surprised to learn that the State Attorney in St. Petersburg is a different person than the State Attorney in Tampa. Thus, if you or a loved one has been charged with a DUI Manslaughter in Pinellas County, it would make sense to hire attorneys that regularly handle cases in Pinellas.

 

Our law firm exclusively handles criminal and DUI cases arising out of Pinellas County. Unlike many firms that handle Personal Injury or Family Law, our team limits our practice to defending people accused of crimes. Likewise, although there are many attorneys in the area that handle cases in Pinellas, Pasco, Hillsborough, and Sarasota, the lawyers in our office only handle cases in Pinellas County. As a result, the judges, prosecutors, clerks and bailiffs are accustomed to seeing our DUI defense team in court.

How Many Lawyers are Going to be Working on my Case?

As the old saying goes, “two heads are better than one.” The great majority of law firms handling DUI Manslaughter cases in Pinellas County are solo practitioners. As a result, only one lawyer would be working with you to defend your best interests. Our DUI Defense Team consists of three attorneys with combined experience of more than forty years. We utilize a team approach to discuss strategy with each file. After all, three heads are better than two.

What Type of Specialized DUI Training Do the Lawyers in Your Office Have?

DUI cases are among the most scientific and technical cases in all of criminal law. For this reason, the best DUI Manslaughter attorneys are those who have specialized training in this niche field. Our DUI Defense Team has unique credentials which include:

  • Former State Prosecutor
  • Certified in Field Sobriety Tests
  • Certified Breath Test Operator
  • Certified Intoxilyzer Inspector
  • Drug Recognition Expert
  • Member of the National College of DUI Defense
  • Member of the DUI Defense Lawyers Association
  • Past President of the Pinellas Association of Criminal Defense Lawyers

Our team has learned our adversary’s tactics from the inside. We have the same types of training as the law enforcement officers who investigated your case.

Do You Have Regular “Expert Witness” Contacts who Work with DUI Manslaughter Cases?

Oftentimes DUI Manslaughter cases involve the use of expert witnesses. This is due to the unique aspects of these cases that involve a great deal of scientific evidence and testimony. Our DUI defense team regularly consults with and uses accident reconstruction experts, engineers, forensic toxicologists, medical doctors, human factors experts and psychologists.

If you or a loved one has been charged with a DUI Manslaughter in Pinellas County, the attorneys that you choose to represent you can have a significant impact on the outcome of your case. Call our team of highly experienced DUI Manslaughter attorneys so that we can discuss the unique facts and circumstances of your case and craft a strategy that best suits your case. Our initial consultation is free of charge. Give us a call at 727-855-3847 or contact us online today.

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 Much Does a DUI Cost?

How Much Does a DUI Cost?

 

One of the most common questions that our experienced team of DUI defense attorneys is asked is, “How much is all of this going to cost?” The short answer is – it depends. 

The DUI statute in Florida mandates a minimum penalty to be imposed by the court if convicted of a DUI. The court may impose harsher penalties depending on the specifics of the case, going up to the maximum specified in the same statute. 

Only the best DUI lawyer in Clearwater will be able to clear or reduce the charges for you in such cases. Read on for a detailed breakdown of the costs involved in being convicted of driving under the influence. 

DUI Cost Breakdown in Florida

Bail Fee

After an arrest, the booking deputy will set a bond based upon the Pinellas County Bond Schedule. This bond amount can vary from being released on your own recognizance or “ROR” (you do not need to post any money to get out of jail) to $10,000.00 or more if there are prior DUI convictions or serious injuries.

 

Court Fines and Costs

The fines and court costs associated with a DUI offense vary depending on a few circumstances. These include your prior record of DUI convictions, you breath or blood alcohol level, and whether or not there were any minors in the vehicle at the time of the offense. If convicted of a DUI offense, the fines and court costs can range from $1,000.00 up to $5,000.00.

 

Attorney Fee 

There are multiple factors at play when it comes to attorney fees – whether you are a first-time offender, whether you want to take a plea or go to trial, how reputed an attorney you are seeking, etc. Consider a window of $2,500 – $10,000 in attorney fees, which may go up if you are a repeat offender or if there was an accident with injuries or death. 

While showing up in court without an attorney is permissible, we would not recommend it. DUI charges are serious and complicated, but the best DUI attorneys in Clearwater can help defend your case in court. 

 

Vehicle Towing and Storage fees

While you are getting arrested and taken to jail, your car is often towed away for storage in a secure facility. Depending on how far this storage facility is, expect to be charged anything between $50 to $200 for vehicle towing fees. Additionally, if the arrest was made by the St. Petersburg Police Department, a local ordinance in the City of St. Petersburg allows for an additional penalty of $500.00 to the city in order to secure the release of your vehicle.

 

Victim Impact Panel

In some cases, the court may order an individual accused of DUI to attend a Victim Impact Panel. These seminars, which may be available online, normally contain 3-4 DUI victims sharing their stories of being affected by a drunk driving accident. The aim is to educate the offender and to deter them from future instances of impaired driving. The offender may be charged around $100 for a Victim Impact Panel in a DUI case in Florida. 

 

Insurance Cost Increase

Even a single DUI charge can increase your auto insurance by 2 to 3 times, resulting in an annual increase of far over a thousand dollars. Additionally, any discounts or insurance coverage you may have gathered over time will likely be forfeited. There have also been cases when existing insurance providers have dropped clients with DUI charges against them, in which case finding new coverage is both difficult and costly. 

 

Probation and Monitoring Costs

The offender is required to pay probation costs on their own, which may cost anything between $55 to $3,300 in Florida, based on our experience. This includes regular alcohol/drug testing, which may cost a few hundred dollars, and using wearable monitors which cost $10 per day. Our top-rated DUI defense team will work with you to minimize these costs by completing court expectations in advance of ever appearing in front of a judge.

 

DUI Traffic School

If the authorities mandate, you may have to attend traffic school at your own cost. While traffic school charges may vary, the typical range is $325-$450. The costs for repeat offenders will be higher because they may have to undergo additional courses like a state-approved driver intervention program. In addition to the school, a corresponding alcohol evaluation is conducted. If ordered to do counseling, the costs generally range from $500-$1,000. 

 

Driver’s License Reinstatement Fees

Florida’s Department of Motor Vehicles (DMV) charges a penalty upon the suspension or restriction of a license, and further on its reinstatement after you meet the requirements threshold. This will cost you around $250.

 

Ignition Interlock Costs

Ignition interlock devices check your blood alcohol content before your vehicle starts. The court may mandate you to install such a device in your vehicle after a DUI charge, at your own expense. The equipment also needs to be maintained regularly. Therefore, along with a one-time charge of $150 for purchasing the equipment, you may add up another $150 per month for service. 

How Can a Lawyer Help Me If I Get a DUI?

A DUI charge in Florida is not just challenging but also overwhelming if you consider the time and costs that you must bear. With a capable DUI defense lawyer by your side, you can delegate the management and documentation of your case to a dependable expert. Securing favorable outcomes such as a reduction to reckless driving can often alleviate many of the hidden costs in a DUI prosecution.

At The Law Office of Timothy Sullivan, we are regarded as one of Clearwater’s best DUI attorneys. Our professional legal team has successfully defended numerous clients in Florida, including in high-profile cases. 

Get in contact with the best DUI lawyer in Clearwater to discuss your situation in more detail!

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 Responsibly: Tips for Planning a Safe Halloween Weekend

Celebrate Responsibly: Tips for Planning a Safe Halloween Weekend

 

Halloween is right around the corner, and where there is Halloween for adults, there is alcohol. And where there is alcohol, there is a chance of getting a DUI. Across the country, DUI cases spike by 25 percent during the holiday season. 

The National Highway Traffic Safety Administration reported that in 2015, 52 percent of total fatalities in traffic accidents on Halloween night were attributable to drunk driving, and they warn that number is rising each year. Therefore, the top DUI lawyers in Clearwater with The Law Office of Timothy Sullivan urge you to celebrate responsibly during this time. If you do find yourself arrested for a DUI, we can help you fight for your rights and potentially lessen the charge.

To learn our top tips for planning a safe Halloween holiday this year, read on.

1. Have a Designated Driver

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.

2. Pre-Order a Rideshare Service to Travel Home

After you have been drinking, it is easier to make poor decisions, like deciding to drive when you’ve had a few drinks. Even if you believe you are not over the legal BAC limit of 0.08, you are at a greater risk of getting into an accident or driving recklessly, which could lead to a traffic citation, or worse. 

Instead, pre-order an Uber or Lyft and schedule it to arrive after your festivities are over. Knowing your ride home is on its way will help you to circumvent the need or desire to get behind the wheel at all.

3. Call an Attorney at The Law Office of Timothy Sullivan If Pulled Over

If you are pulled over or arrested for driving under the influence on Halloween, contacting an attorney at The Law Office of Timothy Sullivan is of utmost importance. As the top DUI attorneys in Clearwater, we are able to assess the circumstances of your arrest and swiftly plan a strategic approach to limit the impact of any charge. In some cases, we may be able to present mitigating circumstances to the prosecutor that might result in the charge being reduced from a DUI to reckless driving. 

Our team has successfully represented thousands of DUI cases in Pinellas County, meaning we know the ins and outs of the 6th Judicial Circuit, and are familiar with many of the judges and prosecutors. We are former State Prosecutors who are also certified intoxilyzer operators, and are able to determine if the police who administered the breathalyzer test did so appropriately. If you have found yourself in an unfortunate situation on Halloween night, we provide free consultations over the phone at any time.

Don’t Drink and Drive This Halloween

Drinking and driving is not only dangerous to those around you, it is also a danger to yourself. You could face severe DUI penalties if you’re pulled over, and police are especially vigilant during this time. If you are pulled over this Halloween, call the top DUI lawyers in Clearwater at The Law Office of Timothy Sullivan immediately. 

We are available at any time by calling 727-855-3847 or completing our contact request form.

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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Four Things To Do If You Test Positive for Alcohol While on DUI or Reckless Driving Probation

Four Things To Do If You Test Positive for Alcohol While on DUI or Reckless Driving Probation

 

One of the standard conditions of probation imposed by the judges in Pinellas County for DUI or Reckless Driving is that the subject refrain from alcohol consumption during the period of probation. Testing by the probation department is conducted by urinalysis testing, which can detect the presence of alcohol in the urine for days after consumption. These violations are prosecuted with particular vigor by the State Attorney’s Office and taken equally seriously by the County Court judges here in the Sixth Judicial Circuit.

1. Contact Clearwater’s Top DUI Attorneys

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.

2. Consider a Hair Follicle Test

In some cases, a client is adamant that the urinalysis was a “false positive” and that he/she did not consume any alcohol. In these cases, it may make sense to secure a hair follicle test which can detect the presence of alcohol for up to 90 days after consumption. A negative hair follicle test will arm your lawyer with scientific evidence of your innocence.

3. Prepare Mitigation

In other cases, a client has “fallen off the wagon” and made an error in judgment by consuming alcohol. In those scenarios, it is best to address the problem head on and come up with a plan to give the Court and the State Attorney’s Office peace of mind that the subject is not going to reoffend. This may involve additional treatment, AA meetings, alcohol monitoring, or residential alcohol treatment.

4. Timing is Everything

If the Court receives notice of a violation of probation for a positive alcohol urinalysis test, the most common course of action is the issuance of a zero-bond warrant. The current policy of the judges in Pinellas County is to not schedule a court date until the subject has surrendered on the warrant. For this reason, it is of the utmost importance that you speak with an experienced Clearwater DUI Defense Attorney to coordinate a plan for surrender on the warrant so that a Motion for Bond/Release can be contemporaneously filed and scheduled.

If you have been charged with a Violation of Probation (VOP) in Pinellas County for a DUI or Reckless Driving, our team of top DWI lawyers in Clearwater can help. Give us a call today at 727-855-3847 so that we may discuss the facts of your case and develop a strategy that best suits the unique circumstances of your situation.

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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To Pee or Not To Pee | Should I Submit to Urine Testing After a DUI Arrest?

To Pee or Not To Pee | Should I Submit to Urine Testing After a DUI Arrest?

Should I Agree to Take a Urine Test if Arrested for DUI in Florida?

One of the most common questions that any DUI defense attorney in Clearwater is asked is, “Should I take the breath test?” A less common question is, “Should I submit to urine testing?” if arrested for a DUI offense.

Why Would the Police Ask for a Urine Specimen?

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.

Flaws in Urinalysis Testing

The problem with urine test results is that it only provides historical information. While a urine test is generally accepted within the scientific community as a reliable method of determining whether or not a substance has been consumed, it is wholly unreliable in determining how recent the substance had been consumed.

There are many substances, such as antidepressants, pain medications and cocaine, that will remain detectable in a subject’s urine sample for up to a week after consumption. Likewise, marijuana can be detected in a urine sample for up to a month, or even longer, depending on the individual’s body type and frequency of marijuana use.

As a result, the submission of a urine sample could show the presence of a substance that the defendant is not currently under the influence of. Of course, law enforcement will allege that the subject was impaired by the substance at the time of the arrest.

Is there a Benefit to Refusing the Urine Test?

In some cases, there is a tremendous benefit to refusing the urine test. In order to establish that a defendant is guilty of Driving Under the Influence of a Controlled or Chemical Substance, the State must establish not only that the subject was impaired, but also that the source of the impairment is a substance that is defined by Florida law as a Controlled Substance, pursuant to Chapter 893 of the Florida Statutes, or an illicit chemical substance, as defined by Chapter 877 of the Florida Statutes.

Imagine this scenario: you take your prescription pain medications. You then get in a car and, for whatever reason, you are stopped by law enforcement. The officer believes that you are impaired. You exercise your right to remain silent and you do not provide the officer with any information as to any medications or other substances that you consumed. You do not have your prescription medications with you in the car. After your arrest, you are taken to the police station and submit to a breath test. Of course, because you have not consumed any alcohol, the results of the breath test are 0.000. The officer then requests that you submit to a urine test. 

In this scenario, if you decline to submit to the urine test, the officer and the State Attorney will likely be unable to prove that you are DUI as they will be unable to establish that the source of the alleged impairment was a Controlled or Chemical substance. In other words, in this scenario, you may arm a Clearwater DUI lawyer with a strong argument to either secure a reduction in charge, a Not Guilty verdict, or an outright dismissal.

What Happens if I Refuse the Urine Test?

If you decline to submit to a urine test, the officer who arrested you will file a citation with the DHSMV alleging that you refused urine testing which will contain a “Notice of License Suspension.” If this is your first and only DUI arrest in your lifetime, a first refusal to submit to a breath or urine test will result in a suspension of your privilege to drive for a period of one year. If you agree to submit to a urine sample, although you may damage your chances of success in the criminal court, you will not suffer an administrative suspension of your license regardless of what substances are found in your system (though, if you are later convicted of a DUI, you would suffer a license suspension from the criminal court). If this is your first and only DUI arrest in your lifetime, you would be immediately eligible to apply for a hardship license for the entire one year driver’s license suspension.

If your driver’s license has previously been suspended for refusing to submit to a breath, urine or blood test, and you refuse a urine test for the present offense, there are two consequences. First, you will suffer an eighteen month driver’s license suspension during which time you will be ineligible to obtain a hardship license. Second, a second refusal to submit to chemical testing may result in an additional first degree misdemeanor charge being filed against you for refusal to submit to testing.

How Do I Protect Myself If I Am Unsure If I Will Test Positive on the Urine Test?

In some cases, a person is arrested for Driving Under the Influence and they are unsure of whether they will test positive for a controlled substance. For example, the individual may have smoked marijuana at a party a few weeks ago, or taken an anti-anxiety medication the day before, there is a solution.

Under Florida law, if you submit to the breath and urine tests requested by law enforcement, you are entitled to have an independent blood draw conducted to determine the presence of chemical or controlled substances in your blood. Although a urine test cannot tell us when a substance was consumed, a blood test is much more accurate for determining how recently a substance had been consumed. Thus, if you are arrested for DUI, but concerned about the joint that you smoked at a party a few weeks ago, it may be wise to advise the officer, “Yes, I will submit to the urine test, but I would also like your assistance in obtaining an independent blood test.” 

Obtaining an independent blood test that yields results that demonstrate that you did not have any chemical or controlled substances in your bloodstream at the time of your arrest can often be iron-clad affirmative evidence that you were not DUI.

What Should I Do If I Have Been Charged with a Drug-Related DUI Offense in Pinellas County?

The Clearwater DUI defense attorneys in our office are former state prosecutors and have nearly 25 combined years of experience representing individuals arrested for a DUI charge. We limit our practice to only DUI and Criminal Defense and only in Pinellas County. 

Call our office today and schedule a free consultation to discuss the unique facts and circumstances of your case with an experienced DUI lawyer in Clearwater

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