CLEARWATER DUI LAWYER
Aggressively Fighting for the Best Possible Outcome
Experienced DUI Defense Attorneys in Clearwater, Florida
Driving under the influence can have a lasting impact on your life as well as the lives of others. Florida law takes these matters seriously, so a DUI conviction is often accompanied by harsh penalties. If you’re facing DUI charges in Clearwater, FL or the surrounding Tampa Bay Area, it is critical that you seek experienced legal representation as soon as possible.
At Buda Law, you’ll find a team of skilled DUI defense attorneys committed to protecting your rights and future. Led by former prosecutor Andrew Buda, our firm brings valuable insight into how the state builds its case—and how to challenge it. Whether you’re facing your first DUI or a repeat offense, we work to minimize the risk of a maximum penalty and pursue the strongest possible defense.
Call our law firm at (813) 322-2832 or contact us online to schedule a free consultation with a Clearwater DUI lawyer at Buda Law today.
Florida DUI Laws and Penalties
Florida Statute Section 316.193 outlines the specific circumstances under which a person can be convicted of a DUI, as well as the penalties for the crime. We’ll break those down below:
Legal Definition of DUI in Florida
In simple terms, a person can face criminal charges for driving under the influence (DUI) in Florida if they are caught driving or in control of a vehicle while impaired by alcohol, drugs, or other substances. This includes:
- Being under the influence to the point that it affects your ability to think clearly or drive safely;
- Having a blood alcohol concentration (BAC) of 0.08 or higher, which is over the motor vehicle legal limit; or
- Blowing 0.08% or higher on a breath test.
Any of these situations can result in a DUI charge under Florida law.
Misdemeanor vs. Felony DUI
A misdemeanor DUI in Florida typically applies to first or second offenses without injuries or major property damage. While still serious, a misdemeanor conviction can lead to fines, license suspension, and possible jail time. However, when there are prior offenses, serious injuries, or a high blood alcohol level, the charge may be upgraded to a felony with enhanced penalties. An experienced DUI lawyer can help you understand how DUI penalties apply to your case and work to reduce the long-term impact.
Penalties for a First-Time DUI
A first conviction for a DUI in Clearwater, FL may result in a fine between $500 and $1,000 and up to 6 months in jail. You may also face a temporary driver’s license suspension and be required to attend DUI school and/or perform community service. The court can also order an ignition interlock device for at least 6 months at your own expense.
A Clearwater first-time DUI attorney at Buda Law can help you mitigate or even avoid these penalties.
Penalties for Multiple DUI Offenses
A second DUI offense increases the penalties: fines range from $1,000 to $2,000, and jail time can be up to 9 months. If convicted with a prior conviction on your record, you must also install an interlock device on all vehicles you own or use for at least one year.
A third DUI offense carries more serious penalties, including a longer license suspension, a mandatory 2-year ignition interlock, fines between $2,000 and $5,000, and up to one year in prison. If the third offense happens within 10 years of the last, it’s considered a third-degree felony in Florida.
A fourth or subsequent DUI conviction is also a third-degree felony, no matter how long ago the last conviction was. Fines start at $2,000 and can go higher depending on the situation. Aggravating factors, such as high BAC levels or accidents involving personal injury, can increase the severity of these penalties.
Because these laws are complex and the consequences severe, especially for repeat offenses, it’s important to speak with a knowledgeable Florida criminal defense lawyer who can help you understand your options.
DUI with Property Damage or Injury
While driving under the influence is always a serious offense in Florida, DUI cases that involve property damage or injury are an even more complex matter. Under Florida law, causing property damage or a minor injury in a DUI is a first-degree misdemeanor. You could face:
- Up to 12 months in jail
- Fines of up to $1,000
- Driver’s license suspension for 6 to 12 months
- Community service, DUI school, and vehicle immobilization or impoundment
- Mandatory ignition interlock device
If the DUI results in serious injury, it becomes a third-degree felony. This DUI conviction may lead to:
- Up to five years in prison
- Fines up to $5,000
- License suspension for at least 3 years
- Community service, possible probation, and restitution to the injured party
DUI Manslaughter Charges
DUI manslaughter in Florida is a second-degree felony that applies when impaired driving causes the death of a human being, including an unborn child. This charge carries a mandatory minimum of four years in prison and can result in up to 15 years behind bars, along with a permanent loss of driving privileges, heavy fines, and a felony record.
A DUI manslaughter conviction requires the prosecution to prove beyond a reasonable doubt that several specific elements apply to the case. These include:
- The accused was driving or otherwise in actual physical control of the vehicle when the incident occurred.
- Their normal faculties were impaired due to the influence of alcohol, a chemical substance, or a controlled substance.
- They had a BAC level of 0.08% or more according to the results of a breath test or blood sample.
- By operating a vehicle while under the influence, they either directly caused or contributed to the death of another, including the death of an unborn child.
Facing DUI charges can be intimidating and confusing even under the best circumstances. DUI cases involving accusations of manslaughter are even more fraught, which is why it’s highly advisable to hire an experienced DUI manslaughter defense attorney as soon as possible.
What Happens After a DUI Arrest in Clearwater, FL?
Whether you’re stopped at a sobriety checkpoint or a police officer stopped you based on reasonable suspicion (such as swerving), they’ll likely request a breath sample or conduct field sobriety tests. If it’s determined that you failed and you’re arrested, you’ll be taken to county jail, and your driver’s license may be automatically suspended, especially if you refuse testing. Florida law allows for a 10-day temporary license, during which you can challenge the suspension.
After processing, your case moves through the criminal court system. You’ll be arraigned, given the opportunity to enter a plea, and informed of your charges. Florida’s speedy trial laws require misdemeanor DUI trials within 90 days and felony DUI trials within 175 days of arrest.
DUI charges carry both administrative and criminal penalties, including the risk of losing your driving privileges. Working with an experienced DUI attorney is essential to fight the charges, contest the evidence, and protect your future. Remember, law enforcement officers and prosecutors aggressively pursue these cases, so building a defense early is critical – call (813) 322-2832 today.
How Long Will a DUI Stay on My Record in Florida?
In Florida, a DUI conviction will stay on your criminal record permanently and cannot be sealed or expunged. It will also remain on your driving record for 75 years, effectively lasting a lifetime under state law.
This harsh reality is why it’s essential to seek immediate legal representation when facing DUI charges. Our experienced criminal defense attorneys at Buda Law can provide you with the critical support and guidance needed to avoid a permanent criminal record like this.
Can a DUI Be Expunged in Florida?
Under Florida law, a DUI conviction generally cannot be sealed or expunged, even if it’s a misdemeanor. That means once you are found guilty or formally adjudicated, the charge becomes a permanent part of your criminal record and can’t be cleared later.
However, if your DUI charge is dismissed, you’re cleared at trial, or it’s reduced to a lesser offense like reckless driving with adjudication withheld, you may be eligible for record sealing or expungement. A Clearwater DUI expungement attorney at our law firm can help you explore these options and work to avoid conviction so that your record may remain clear of a DUI.
How a Clearwater DUI Lawyer Can Help
An experienced DUI lawyer like those at Buda Law can provide critical support during every stage of a DUI investigation, helping you understand your rights and avoid costly mistakes. Our criminal defense attorneys will examine the evidence, challenge any unlawful traffic stops or testing procedures, and work to reduce or dismiss the charges. If your license is suspended, they can also guide you through the Florida Department of Highway Safety and Motor Vehicles process to apply for a hardship license. Overall, your attorney is there to protect your future and fight for the best possible outcome, whatever that may look like for you.
Why Choose Buda Law for Drunk Driving Defense in Clearwater?
At Buda Law, our Clearwater DUI defense attorneys have the knowledge and courtroom experience to handle all types of DUI cases, whether it’s a first DUI offense or a repeat offense with aggravating factors. Our team builds strong criminal defense strategies tailored to the facts of your situation, whether you’re dealing with a low-level offense or a DUI involving injury, property damage, or multiple priors. With a focus on thorough investigation and aggressive representation, Buda Law is prepared to defend your rights.
Defense Strategies Used by Our Clearwater DUI Defense Attorneys at Buda Law
The aggressive defense strategies we employ at Buda Law allow us to mitigate negative consequences or, in certain circumstances, have charges dropped altogether. Here are a few of the more common defense strategies we use in DUI cases.
- Unlawful Traffic Stop or Lack of Probable Cause
- Flawed Breathalyzer or Blood Test Results
- Inaccurate Field Sobriety Test Administration
- Rights Violations or Miranda Violations
- Medical Conditions or External Factors Affecting BAC
Call Andrew Buda – A Trusted & Experienced DUI Attorney in Clearwater, FL
If you’re facing DUI charges in Clearwater, Pinellas County, Hillsborough County, or anywhere in the Tampa Bay area, don’t wait to get legal help. Experienced attorney Andrew Buda and his team at Buda Law are ready to review your case, explain your options, and build a defense tailored to your situation. Our law firm offers a free case evaluation to help you understand the next steps and protect your future. Contact a skilled DUI attorney at Buda Law today by calling (813) 322-2832 or using our convenient online contact form.
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WHAT MAKES OUR DEFENSE SO EFFECTIVE?
- Former State Prosecutor
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- We Prepare Every Case as if it's Going to Trial
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