Category: Breath Test Refusal

1st Time DUI, 2nd Time DUI Or More, Breath Test Refusal, Pinellas

Penalties for DUI in Pinellas County, FL

W. F. "Casey" Ebsary Jr

Understanding DUI Penalties in Pinellas County, FL

Courthouse DUI in Pinellas Couty, FL
Courthouse DUI in Pinellas Couty, FL

If you’re seeking information on DUI penalties, it’s crucial to know that the consequences of a DUI offense can vary based on several factors. Here are key considerations:

Call for Help 813-222-2220

 

Blood-Alcohol Content (BAC):

Penalties can be more severe if your BAC or breath-alcohol content (BrAC) is over .15. For more detailed information on Florida DUI laws, individuals can refer to the official Florida Statutes website (https://www.leg.state.fl.us/statutes/) or consult with legal professionals who specialize in DUI defense to ensure accurate and up-to-date guidance. Understanding the legal consequences associated with elevated BAC levels empowers individuals to make informed decisions and navigate the legal process more effectively.

Presence of a Minor:

Having a minor as a passenger can impact the severity of penalties.

Involvement in a Crash:

If a motor vehicle crash occurs with property damage or injuries, it can lead to increased penalties.

Refusal to Submit to Testing:

Refusing a chemical test, whether for breath, blood, or urine, following a prior refusal can lead to heightened legal consequences. In the context of DUI offenses, the decision to decline such testing can carry significant ramifications. When an individual has previously refused to undergo a chemical test, subsequent refusals often trigger increased penalties. Legal systems view repeated refusals as an aggravating factor, reflecting negatively on the individual’s cooperation with law enforcement.

Prior DUI Convictions:

The presence of prior DUI convictions is a critical factor. Consider the following scenarios:

  • First lifetime DUI conviction.
  • Second DUI outside of five years from any prior conviction.
  • Second DUI within five years from any prior conviction.
  • Third DUI outside of ten years from any prior conviction.
  • Third DUI within ten years from any prior conviction.
  • Fourth lifetime DUI conviction.

To make this information more accessible, the State Attorney’s Office for the Sixth Judicial Circuit in Pinellas County has created a chart summarizing these penalties. Keep in mind that these penalties are typically imposed at the time of sentencing. It’s important to be aware of these factors and seek guidance if you find yourself facing DUI charges.

Lawyer Fighting Pinellas DUI Penalties in Clearwater, FL

Casey the Lawyer at DUI Courthouse in Pinellas County, FL
Casey the Lawyer at DUI Courthouse in Pinellas County, FL

I am a specialist in DUI Defense in Pinellas County, FL.

I am near the Pinellas County Courthouse with my office located in Tampa Bay. You can find me close to the Courthouse in Clearwater, FL located at 14250 49th St N Clearwater, FL 33762-2800 .  By the way, the court is located near the Clearwater Bureau of Administrative Reviews (BAR) located at 4585 140th Ave N #1001, Clearwater, FL 33762, USA.

Whether your DUI case involves a breath test, blood test, urine test, or refusal to submit to a chemical test, we’re here to assist you. Don’t go to court by yourself.

Reach out to a skilled criminal defense lawyer in Pinellas County, FL, for traffic crimes. Give me a call at 813-222-2220.

Call for Help 813-222-2220

Table of Minimum Mandatory DUI Penalties in Pinellas County, FL

Type Costs Prob Lic Jail  Impound Conditions
1st DUI below .15 $983 12 m 6 m
to 1 yr		 6 m 10 days DUI
School, Evaluation Treatment,
50 hrs
Comm
Service
1st DUI .15 or less 18 in car $1,518 12 m 6 m
to 1 yr		 9 m 10 days DUI
School, Evaluation Treatment,
50 hrs
Comm
Service
6 months Ignition Interlock
2nd DUI in 5 y
Below .15		 $1,518 12 m Man
5 yrs		 Man

10 d

 30 days DUI
School, Evaluation Treatment,1 yr Ignition Interlock
2nd DUI in 5 y
.15 or higher		 $2,558 12 m Man
5 yrs		 Man
10 d		 30 days DUI
School, Evaluation Treatment,2 yrs Ignition Interlock
2nd DUI Over 5 y
below .15		 $2,558 12 m 6 m
1 yr		 9 m 10 days DUI
School, Evaluation Treatment,
50 hrs
Comm
Service
1 yr Ignition Interlock
2nd DUI Over 5 y
Over .15		 $2,558 12 m 6 m
1 yr		 12 m 10 days DUI
School, Evaluation Treatment,2 yrs Ignition Interlock
3rd DUI 10 y
Below .15 Felony		 $2,558 60 m Man
10 y		 Man 30 d

5y

FSP

 90 days DUI
School, Evaluation Treatment,2 yrs Ignition Interlock
3rd DUI 10 y
Over .15  Felony		 $4,558 60 m Man
10 yrs		 Man 30 d 90 days DUI
School, Evaluation Treatment,2 yrs Ignition Interlock
3rd DUI Over 10 yrs
Under .15		 $2,558 12 m 6 m
to 1 yr		 12 m 10 d DUI
School, Evaluation Treatment,2 yrs Ignition Interlock
3rd DUI Over 10 yrs,
Over .15		 $4,558 12 m 6 m
to 1 yr		 12 m 10 d DUI
School, Evaluation Treatment,2 yrs Ignition Interlock
4th DUI Life Felony  $4,558 60 m Perm 5 y 10, 30, 90 d DUI
School, Evaluation Treatment,2 yrs Ignition Interlock

 

Summary of Penalties for Driving Under the Influence

Navigating DUI penalties in Pinellas County, FL, involves understanding varying consequences influenced by factors like Blood-Alcohol Content (BAC) and prior convictions. The State Attorney’s Office provides a helpful chart summarizing these penalties. Specialist Casey the Lawyer, near Pinellas County Courthouse, emphasizes professional assistance for DUI cases involving tests or refusals. If facing charges, contact at 813-222-2220. Don’t navigate court alone.

Call for Help 813-222-2220

Brandon, Breath Test Refusal, DUI News

DUI Refusal to Submit to Chemical Test | 813-222-2220

W F Casey Ebsary Jr
“Officer was not qualified to make a determination that the defendant was under influence of anything other than alcohol”
 
Refusal to Submit to Chemical Test in a DUI §316.193(1), Brandon DUI Attorney, Chemical Test, Driving Under Influence Defense Attorney, dui refusal, Tampa Driving Under Influence Defense, Urine,
Refusal to Submit to Chemical Test in a DUI

Refusal to Submit to Chemical Test in a DUI

Driving Under Influence Defense Attorney in Tampa reports that the Refusal to submit to a urine test may not always be a bad decision for those suspected of DUI. Especially relevant one court just ruled that a DUI Officer did not have probable cause to ask a defendant to submit to a urine test. The cop asked for a Urine sample to perform a chemical test under Florida Statute Chapter 316.

The court noted that the defendant’s breath test did not meet the level for the presumption of impairment. Nevertheless, the police officer saw the DUI defendant lying in a vehicle. Then the driver did not move the vehicle through multiple traffic light phases. The cop testified that the suspect exhibited signs of intoxication, and told the DUI officer that he was in pain and needed to take medication.

The key to the court’s ruling suppressing testimony about the refusal to submit to a chemical test was a finding of the unqualification of the Officer to make a determination that the defendant was under influence of anything other than alcohol. Notably, the cop did not observe any evidence that defendant was under influence of narcotics. A search of the DUI suspect’s vehicle and his person did not reveal the presence of any drugs. The court ruled in favor of suppressing the refusal to submit. Read about efforts to improve qualifications of officers.

Refusal to Submit to Chemical Test Case Excerpts:

Before The Trial, The Court  Allowed The Refusal To Submit Into Evidence

“[T]he Appellant was arrested and charged with Driving Under the Influence in violation of Florida Statute §316.193(1). Prior to trial, the trial court conducted an evidentiary hearing on a motion to suppress evidence of the Defendant’s refusal to submit to a urine test. The Trial Court denied the motion to suppress evidence, and the evidence of the Defendant’s refusal was admitted into evidence.”

Collecting And Testing Urine Are Considered Searches

“The Fourth Amendment of the United States Constitution and the Florida Constitution guarantee citizens the right to be free against unreasonable searches and seizures. Art I § 12, Fla. Constitution. In order to request a driver submit to a urine test, the officers must [have] reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances. Additionally, it is clear that the collection and testing of urine intrude upon expectations of privacy that society has long recognized as reasonable . . . these intrusions must be deemed searches under the Fourth Amendment. Skinner v. Ry. Labor Executive Ass’n, 489 U.S. 602, 617 (1989). “

An Officer Must Look At The Whole Picture

“Therefore, the test is whether the facts and circumstances within an officer’s knowledge are sufficient to warrant a person of reasonable caution to believe that an offense has been committed. McNeil v. State, 512 So.2d 1062, 1064 (Fla. 4th DCA 1987). In determining if probable cause exists, the totality of the circumstances, i.e., the whole picture, must be taken into account. State v. Ellison, 455 So.2d 424, 427, (Fla. 2d DCA 1984); Elliot v. State, 597 So.2d 916 (Fla. 4th DCA1992). “

The Officer’s Hunch Is NOT Enough

“The facts and circumstances in the instant case fall short of the probable cause finding necessary for the officer to believe that the Defendant was under the influence of drugs.” “The grounds for requesting the urine sample in this case resembles a hunch or a mere suspicion, rather than probable cause. Therefore, the trial court erred in denying Defendant’s motion to suppress.”
Source: FLWSUPP 1807ESTR
Breath Test Over 08, Breath Test Refusal, Commercial DUI

Broken Breath Machine Means No DUI Conviction

W F Casey Ebsary Jr

The Case of the Bad Breath Machine

FDLE Form 41 Department Inspection Report For DUI ConvictionIf the State does not prove intoxication, there is no DUI conviction. Recently, we at DUI2Go encountered a tough case where the driver had blown into an Intoxilyzer 8000 breath machine and exceeded the legal limit in Florida of .08. Fortunately, our office has access to the logs of all breath test given by all machines in Florida and the maintenance records of these machines. As a result, we are sharing some of the Florida Department of Law Enforcement Intoxilyzer 8000 files. This is the Florida Department of Law Enforcement Alcohol Testing Program Intoxilyzer 8000 Operational Procedures also known as Form 37. In addition, the Florida Department of Law Enforcement also uses Form 38 Breath Alcohol Test Affidavit.  Finally, there is some great information in the Alcohol Testing Program Intoxilyzer® 8000 Reference Guide.

The Accuracy of Intoxilyzer 8000 in Court

Before 2014, often the state did not present scientific evidence of the machine’s accuracy. Recently, a Florida Driving Under the Influence court ruled in State v. Garcia, (20th Cir Aug 20, 2014) that the State Attorney must establish the admission of an Intoxilyzer Breath Test result. Prosecutors must use the traditional scientific predicate to introduce breath test results from Intoxilyzer 8000 in a trial. The court ruled that it could not determine whether the modified Intoxilyzer 8000 used in Florida was same machine/instrument approved by NHTSA ( National Highway Traffic Safety Administration ) for use in Florida.

Sometimes we uncover broken Intoxilyzer 8000 breath machines. We reviewed this official FDLE Form 41 Department Inspection Report records of this machine. The machine had not passed the post-inspection Diagnostic Check. The instrument does not comply with Florida Administrative Code Chapter 11D-8. In addition, after failing its monthly inspection there was no evidence of repairing the machine. Notably, the machine returned to service without any repair record.

No Proof, No DUI Conviction

When the Intoxilyzer 8000 has not been maintained, the results may be thrown out. Without that evidence, it is difficult for the state to prove your guilt. Sometimes the state will offer a reduced charge of reckless driving does not carry the risk associated with a DUI conviction. If you have another DUI conviction later, your prior convictions enhance your penalties. Your conviction penalties may include; fines, ignition interlock device, license suspension or revocation and jail or prison. Multiple DUIs can carry mandatory jail time. Once a driver has three or more DUI convictions, it becomes a felony.

 

 

Breath Test Over 08, Breath Test Refusal, Expert Attorney WF Casey Ebsary Jr

Avoid DUI: Fun & The Super Bowl

W F Casey Ebsary Jr

How To Avoid DUI Charge

The Big Game Avoid DUIYou want to Avoid DUI charges tonight (and always). Fortune Magazine says 111.3 million people watched last year’s Super Bowl. When we watch the big game with friends we may need a ride. Do NOT drink and drive. Here are the top DUI locations for Tampa. If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber,  Lyft maybe even staying where you are.

 

What is Important?

You want to enjoy the game but you don’t want to make your life a mess. A DUI Charge is very expensive. The costs include:

  • money
    • lost wages,
    • court costs,
    • bail costs,
    • defense costs,
    • if you are adjudicated the increase in insurance costs,
    • sometimes costs associated with education,
  • time
    • time getting booked
    • time in court
    • time negotiating how to get back and forth to work or groceries or picking up kids
    • time learning about the charge
    • time deciding what attorney to hire
    • time away from family and friends
  • stress
    • stress of the DUI stop with the police
    • stress of being booked into the jail
    • stress of court proceedings
    • stress loss of driving
    • stress of loss of work

You should do everything you can to Avoid a DUI charge. If you still need a DUI attorney, we are ready to help. Casey Ebsary is an expert DUI attorney. Call him (813) 222-2220.

To find out what we say about avoiding DUI charges at other prime times:

gasparilla festival

labor day

4th of July

New Year’s Eve

 

Easter

Breath Test Refusal, Clearwater, Largo, St. Petersburg

Refusal of a Breath Test

W F Casey Ebsary Jr
Refusal of a Breath Test
Refusal of a Breath Test

Refusal of a Breath Test

Below is video from inside a jail. There a cop is administering Florida’s Implied Consent warning, This warning is given prior to requesting a suspect to take a breath test on an Intoxilyzer breath machine.

Breath Test Refusal Update

What do police officers do when arrested for DUI and asked to take a breath test or perform Field Sobriety Exercises?

We have again found out what cops do when arrested for DUI. Here is an update from a 2016 article. “In the 2016 arrest report, a Pinellas sheriff’s deputy wrote that Green’s eyes appeared “glossy” and his balance unsteady. He refused to submit to a field sobriety test or a Breathalyzer test to measure his blood alcohol-level.”

In the past ten years, this topic is of interest to many of our viewers.  The breath test is voluntary if the arresting officer properly informs suspects of their options. One court ruled that where the cop misinformed a DUI suspect that he would be eligible for a hardship license if he submitted to a breath test. The cop also told him he would not be eligible if he refused the test.

Due to misinformation, it could not be proven that suspect’s decision to submit to the test was not influenced by misinformation; the state has failed to prove that submission to test was voluntary. Tthe test results were not allowed in the proceeding. Source: FLW Supp 1703Perd

Refusal of a Breath Test

One DUI defense may come from the implied consent law. The implied consent law says that by driving you have agreed to chemical tests to determine alcohol or drug content. Sometimes police don’t give suspects their options properly. In Florida law, refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. Let’s go behind the scenes and into an interrogation room at a local jail where a DUI cop is informing the suspect of his options.
Florida Law Requires. “The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible as evidence in any criminal proceeding.” 316.1932 (1)(a)1.a. (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.)