PINELLAS COUNTY DUI ATTORNEY
Aggressively Fighting for the Best Possible Outcome
Experienced DUI Attorney in Pinellas County, FL, Offering Criminal Defense You Can Trust
Facing DUI charges can be overwhelming, with serious consequences that can affect your career, finances, and personal life for years to come. At Buda Law, our legal team fights tirelessly to protect our clients’ rights and specializes in providing dedicated, strategic representation for clients facing charges throughout Pinellas County, Florida.
We understand that every DUI case is unique and requires a personalized approach that examines every detail of the DUI investigation, from the initial traffic stop to when the arrest occurred. Our commitment is to protect your record, your rights, and your driver’s license while providing you with personalized legal strategies from start to finish that give you the best possible outcome.
Call Buda Law at (813) 322-2832 or complete the contact form found at the link below to get started with a free consultation.
Florida DUI Charges Explained
Under Florida law, you can be charged with DUI if:
- You are driving or in actual physical control of a vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that your normal faculties are impaired; or
- You have a blood alcohol concentration (BAC) of 0.08% or higher.
Florida does not distinguish between DUI and DWI (driving while intoxicated) like some other states. Instead, the term “DUI” encompasses all impaired driving offenses, whether caused by alcohol, prescription medications, illegal drugs, or any combination of substances.
Common circumstances that lead to a DUI arrest include:
- Traffic violations such as speeding, running red lights, or reckless driving that draw police attention
- DUI checkpoints where law enforcement agencies stop vehicles to check for impaired drivers
- Accidents involving property damage or injuries where officers investigate and suspect impairment; and
- Anonymous tips from other drivers who report suspected drunk driving behavior.
Police officers may also make DUI arrests during routine traffic stops for other violations when they observe signs of impairment, such as the odor of alcohol, bloodshot eyes, slurred speech, or difficulty following simple instructions.
Florida Statute 316.193: DUI Law Overview
Florida Statute Section 316.193 defines the specific legal requirements and penalties for DUI offenses throughout the state, establishing clear blood alcohol limits and outlining the consequences for violations. Under this statute, it is unlawful for any person to drive or be in actual physical control of a vehicle within Florida while having a BAC over the legal limit of:
- 0.08% for drivers 21 and older
- 0.02% or higher for drivers under 21
- 0.04% or higher for commercial vehicle operators
The law specifies various testing methods that law enforcement agencies may use to determine impairment, including breath tests with approved instruments, blood tests conducted by qualified medical personnel, and urine tests when appropriate.
Florida’s implied consent law means that by driving on Florida roads, you have already given consent to submit to chemical testing if lawfully arrested for DUI. Consequences of refusing to submit to a breath or blood test include an automatic one-year driver’s license suspension for a first refusal and an 18-month suspension for subsequent refusals, with no option for a hardship license during the first 90 days of suspension for repeat refusals.
Driving Under the Influence Penalties in Florida
Florida DUI penalties can become much more severe if you have prior convictions, a high blood alcohol concentration (BAC), or other aggravating factors, such as having a child in the car, causing an accident, or injuring someone. Even a first-time DUI can lead to jail time, hefty fines, a driver’s license suspension, and mandatory alcohol education or treatment programs.
Because the consequences of a DUI conviction can affect your job, driving privileges, and future opportunities, having an experienced Pinellas County DUI lawyer is critical. Skilled legal representation can help protect your rights, challenge the evidence against you, and work to reduce or avoid these serious penalties.
First DUI Offense in Florida
A first-time DUI in Florida can lead to serious financial, legal, and personal consequences. Penalties include:
- Fines: $500–$1,000 (or $1,000–$2,000 if your BAC was 0.15% or higher or a minor was in the vehicle)
- Jail Time: Up to 6 months (or up to 9 months for high BAC or having a minor in the car)
- Probation: Up to 12 months, including reporting and compliance monitoring
- Ignition Interlock Device: May be ordered for any BAC of 0.08% or higher; mandatory for 6 months if BAC was 0.15% or higher or if a minor was present
- Community Service: 50 hours required, or payment of an equivalent fine
- Vehicle Impoundment: 10 days, not concurrent with jail time
- Substance Abuse Course: Completion of a state-approved program and evaluation required
- Driver’s License Suspension: 180 days to 1 year
Even a first-time offense for driving under the influence can have lasting effects on your record and driving privileges. That’s why it’s important to consult an experienced DUI defense attorney as soon as possible after your arrest to protect your rights and pursue the best possible outcome.
Second DUI Offense in Florida
A second DUI offense in Florida carries significantly harsher penalties, especially if it occurs within five years of your first conviction. The penalties include:
- Fines: $1,000–$2,000 (or $2,000–$4,000 if your BAC was 0.15% or higher or a minor was in the vehicle)
- Jail Time: Up to 9 months (or up to 12 months with aggravating factors)
- Mandatory Minimum Jail Sentence: 10 days if the second DUI occurs within 5 years of the first conviction (with at least 48 consecutive hours served)
- Ignition Interlock Device: Mandatory for at least 1 year after driver’s license reinstatement
- Vehicle Impoundment: 30 days, which must be served separately from any jail time
- Driver’s License Revocation: Minimum 5-year revocation if the second offense occurs within 5 years of the first (eligibility for a DUI hardship license in Florida may begin after 1 year)
Third DUI Offense in Florida
A third DUI offense is treated very seriously and can result in felony charges if it occurs within 10 years of a prior conviction. The penalties include:
- Felony Classification: Becomes a third-degree felony, resulting in a permanent criminal record
- Jail or Prison Time: Up to 5 years in state prison, with a mandatory minimum of 30 days (with at least 48 consecutive hours served)
- Fines: Minimum $2,000 (up to $4,000 or more if aggravating factors are present)
- Ignition Interlock Device: Mandatory for at least 2 years following license reinstatement
- Vehicle Impoundment: 90 days, separate from any jail sentence
- Driver’s License Revocation: Minimum 10 years (possible hardship license eligibility after 2 years)
If your third DUI occurs more than 10 years after your last conviction, the penalties are less severe but still significant:
- Fines: $2,000 to $5,000
- Jail Time: Up to 12 months
- Ignition Interlock Device: Required for at least 2 years
- License Revocation: Follows second-offense guidelines
Because a third DUI conviction can result in a felony record and long-term loss of driving privileges, it’s vital to contact an experienced Florida DUI defense attorney who can review your case, challenge the evidence, and work to protect your future.
Fourth DUI or More in Florida
A fourth DUI offense or any subsequent conviction is automatically treated as a third-degree felony in Florida, no matter how much time has passed since previous offenses. The penalties are severe and include:
- Felony Classification: Charged as a third-degree felony, carrying a permanent criminal record
- Fines: Minimum of $2,000 (no statutory maximum limit)
- Prison Sentence: Up to 5 years in state prison
- Ignition Interlock Device: Mandatory at the offender’s expense for the required duration after license reinstatement
- Driver’s License Revocation: Permanent revocation with the possibility to petition for a hardship license after 5 years
Enhanced DUI Penalties in Florida
If your BAC was 0.15% or higher at the time of arrest, or if a minor under 18 was present in your vehicle, Florida law imposes enhanced penalties that significantly increase the severity of consequences for your DUI conviction. These aggravating circumstances demonstrate a higher level of impairment or endangerment that the state takes very seriously, resulting in harsher fines, longer jail sentences, and extended ignition interlock device requirements.
For a first drunk driving offense with enhanced penalties, you face fines ranging from $1,000 to $2,000, up to 9 months in jail instead of the standard 6 months, and mandatory installation of an ignition interlock device for 6 months. A second offense with aggravating factors carries fines between $2,000 and $4,000, up to 12 months in jail, and requires the installation of an ignition interlock device for a minimum of 2 years. Third or subsequent offenses with enhanced circumstances result in a minimum fine of $4,000, with no upper limit on the amount the court may impose.
Florida’s DUI look-back period plays a crucial role in determining mandatory sentencing, as the state considers prior convictions within specific timeframes when calculating penalties and determining whether enhanced sentences apply. Multiple DUI convictions can also lead to habitual traffic offender status, which carries additional consequences, including extended license revocation periods and stricter requirements for license reinstatement.
DUI Causing Property Damage, Injury, or Death
Certain DUI cases in Florida can be charged as felonies when they involve injuries, deaths, or significant property damage. The severity of charges depends on the injuries sustained by victims or whether a death occurred as a result of the impaired driving incident.
DUI with Property Damage or Minor Injury
A DUI that causes property damage or minor personal injury is treated more seriously than a standard DUI. This offense is charged as a first-degree misdemeanor in FL, punishable by up to 1 year in jail and a $1,000 fine. Even relatively minor accidents can elevate the charge, resulting in harsher penalties and a permanent criminal record.
DUI Causing Serious Bodily Injury
Under Florida law, DUIs that result in serious bodily injury to another person are considered third-degree felonies in Florida. Serious bodily injury is defined as an injury that creates a substantial risk of death, causes significant disfigurement, or leads to the permanent loss or impairment of a bodily function or organ. Penalties include up to 5 years in prison and fines of up to $5,000.
DUI Manslaughter (Death)
A DUI that causes the death of another person is charged as DUI manslaughter, which is a second-degree felony in Florida. This offense carries severe penalties, including up to 15 years in prison and a $10,000 fine, with a mandatory minimum sentence of 4 years that cannot be reduced or waived by plea agreement. If you’re facing these serious charges, a Florida DUI manslaughter defense attorney from Buda Law can help protect your rights and build a strong defense against these life-altering allegations.
DUI Manslaughter Involving Leaving the Scene
The most serious DUI-related offense occurs when a driver causes a fatal crash and leaves the scene. This is classified as a first-degree felony in Florida, punishable by up to 30 years in prison and a mandatory minimum sentence of 4 years.
Mandatory DUI Programs and Treatment Requirements in Pinellas County
Florida law requires completion of specific educational and treatment programs as a condition of resolving your DUI charges and reinstating your driving privileges. These penalties apply to all DUI convictions in Pinellas County, regardless of the individual’s prior history or the specific circumstances of the case.
DUI School and Evaluation
Every person convicted of DUI in Florida must complete mandatory enrollment in a state-licensed DUI program, which provides education about the dangers of impaired driving and substance abuse awareness. As part of this process, you must complete a comprehensive psychosocial evaluation conducted by qualified professionals who assess your relationship with alcohol or drugs and determine your risk level for future offenses.
If the evaluation determines that you have a substance abuse problem or are at risk for continued impaired driving, you will be required to complete additional treatment programs as recommended by a medical professional.
Non-Compliance Consequences
Failure to complete the required DUI school, evaluation, or any recommended treatment programs results in automatic driver’s license cancellation, which means your driving privileges will be permanently revoked until you satisfy all court-ordered requirements. Successful completion of all mandatory programs is a requirement before you can apply for license reinstatement, as the Department of Motor Vehicles will not process your application until it receives documentation proving you have fulfilled every aspect of your treatment obligations.
Court Orders and Other Rules
Florida law establishes specific custody release requirements that prevent individuals from being released from jail until their blood alcohol concentration drops below 0.05% or 8 hours have passed since the time of arrest.
Additionally, judges have the authority to impose various monitoring and restriction measures as part of your sentence, including:
- An ignition interlock device installation that prevents your vehicle from starting if alcohol is detected on your breath
- Vehicle immobilization for specified periods that physically prevent you from driving your car
- Drug or alcohol monitoring programs, such as regular testing, ankle monitors, or participation in a supervised treatment program, that ensure ongoing sobriety compliance
What Happens After a DUI Arrest in Pinellas County?
After your DUI arrest in Pinellas County, you’ll be transported to Pinellas County jail for booking, where officers process your information, take fingerprints and photographs, and inventory your belongings, with release restricted until your BAC drops below 0.05% or 8 hours pass since arrest.
Your case involves two separate proceedings: an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), which focuses solely on your driving privileges and must be requested within 10 days, and a criminal case through the court system, addressing potential jail time, fines, and other penalties.
What Steps Should You Take Immediately?
- Request a formal review hearing with the FLHSMV within 10 days of your arrest to challenge the administrative suspension of your driver’s license.
- Missing this deadline results in automatic suspension beginning 30 days after arrest.
- Gather key documentation, including your arrest report, citation, and any police paperwork.
- Document evidence by taking photos of vehicle damage, writing down your recollection of events, and identifying potential witnesses.
- Contact an experienced criminal defense attorney immediately. Early legal representation allows your lawyer to:
- Protect your rights and driving privileges.
- File necessary paperwork before critical deadlines.
- Begin investigating your case while the evidence is fresh and available.
Protecting Your Driver’s License After a DUI
Florida’s 10-day rule is critical for keeping your driving privileges. You must request a formal review hearing with the FLHSMV within 10 days of your arrest to challenge the suspension of your license. Missing this deadline results in automatic suspension beginning 30 days after arrest.
During the suspension period, some drivers may qualify for a hardship license, which allows limited driving for essential needs such as work, school, medical care, or DUI program attendance. Eligibility and waiting periods depend on your case and prior record.
To reinstate your driver’s license, you must complete all court-ordered requirements, including:
- Finishing DUI school and a substance abuse evaluation or treatment if required.
- Paying all fines and reinstatement fees.
- Providing proof of valid auto insurance.
- Installing an ignition interlock device if ordered by the court.
The FLHSMV reviews your compliance with these steps before restoring full driving privileges.
Why You Need a DUI Defense Lawyer
An experienced DUI defense lawyer can create a strategy tailored to the unique facts of your case. Your attorney will investigate the traffic stop, evaluate field sobriety and breath test procedures, review equipment calibration records, and uncover any procedural errors or constitutional violations that could lead to reduced charges or suppression of evidence.
Without proper legal guidance, it’s easy to make costly mistakes—such as missing important deadlines, making self-incriminating statements, or failing to challenge unreliable evidence. Criminal defense lawyers will manage all communication with law enforcement and prosecutors, protect your rights, and work to achieve the best possible outcome for your case.
Why Choose Buda Law for Your DUI Defense?
Our attorneys bring extensive local experience in Pinellas County DUI courts, providing invaluable knowledge of the criminal justice system, criminal law, local judges, state prosecutors, and court procedures that allow us to develop targeted strategies and build professional relationships that benefit our clients during negotiations and hearings. Our approach combines compassionate client support with results-focused criminal defense, all while maintaining relentless advocacy to protect your rights, minimize consequences, and achieve the best possible outcome for your specific situation.
About Attorney Andrew Buda
Attorney Andrew Buda brings invaluable experience to DUI and criminal defense cases in St. Petersburg, Clearwater, and throughout Pinellas County. As a former prosecutor with the State Attorney’s Office, he offers unique insight into how the state builds cases and uses that knowledge to defend clients accused of criminal charges. His extensive legal background and deep understanding of Florida DUI law allow him to craft strategic, effective defenses tailored to each client’s situation.
Mr. Buda provides personalized legal representation, taking the time to understand every client’s circumstances rather than relying on a one-size-fits-all approach. Known across the region for his clear communication, dedicated client service, and aggressive courtroom advocacy, he consistently works to protect his clients’ rights and achieve the best possible outcomes.
How Buda Law Fights DUI Charges
At Buda Law, our legal team conducts a thorough review of your entire arrest process, from the initial traffic stop to booking. If our investigation uncovers improperly obtained evidence or violations of your constitutional rights, we file suppression motions to exclude that evidence from trial. These challenges may involve illegal traffic stops, inaccurate breath or field sobriety tests, or statements made without proper Miranda warnings.
We prepare every case for trial by developing customized defense strategies based on the specific facts of your situation. Our Clearwater and St. Petersburg DUI attorneys use identified weaknesses in the prosecution’s case to negotiate favorable outcomes, such as reduced charges, alternative sentencing, or even case dismissal in exchange for participation in educational programs or community service.
DUI Defense Strategies Our Pinellas County Criminal Attorneys May Explore
At Buda Law, our criminal defense attorneys use proven strategies to effectively represent clients facing DUI charges. As a former state prosecutor, Mr. Buda and his experienced legal team understand how the Pinellas County Sheriff’s Office and the State Attorney’s Office build DUI cases—knowledge they now use to protect clients’ rights and strengthen their defenses.
Our law office thoroughly examines every detail of your arrest, from the initial traffic stop to testing and booking. We challenge:
- Blood and breath test results by reviewing equipment calibration, testing protocols, and potential causes of false readings, including medical conditions or mishandled samples.
- Field sobriety tests by uncovering deviations from standard procedures, questioning the officer’s training, and identifying outside factors (such as fatigue, nervousness, or uneven pavement) that may explain test results unrelated to impairment.
- Constitutional violations, including illegal traffic stops, unlawful searches, failure to issue Miranda warnings, or denial of your right to contact a criminal defense attorney.
Whether this is your first offense or a repeat DUI charge, our experienced team builds targeted defense strategies designed to reduce penalties, challenge unreliable evidence, and fight for the best possible outcome.
We Handle a Wide Range of DUI Cases in Pinellas County
With decades of combined experience and a deep understanding of the Pinellas County criminal justice system, our law firm represents clients in all types of DUI cases across St. Petersburg, Clearwater, and surrounding areas. Attorney Andrew Buda’s extensive legal career and background as a former prosecutor allow our team to anticipate the state’s approach and build strong, results-driven defenses.
Our DUI defense team handles:
- First-time and repeat DUI offenses in Pinellas County, including cases with enhanced penalties or mandatory minimum sentences for multiple convictions.
- Felony DUI cases in Pinellas County involving property damage, bodily injury, or death, where defendants face potential prison time and permanent criminal records.
- Underage DUI charges in Pinellas County, which include zero-tolerance BAC limits for drivers under 21 and extended license suspensions.
- Commercial DUI defense in Pinellas County, where CDL holders risk losing their professional driving privileges and careers.
- Drug-related DUIs in Pinellas County involving prescription or illegal substances that require defense strategies distinct from alcohol-based charges.
- DUI with a suspended license in Pinellas County or prior convictions, which can trigger enhanced penalties and habitual offender status.
No matter how complex the situation, our St. Petersburg and Clearwater DUI lawyers deliver experienced, personalized representation focused on protecting your rights and minimizing the impact of these criminal charges on your future.
Schedule a Free Case Review With a Pinellas County DUI Lawyer at Buda Law Today
At Buda Law, our Pinellas County criminal defense lawyers know that DUI arrests rarely happen at convenient times. That’s why our law firm is available 24/7 to take your call and provide immediate legal guidance when you need it most.
We proudly represent clients throughout Pinellas County, including Clearwater, St. Petersburg, Palm Harbor, and nearby communities. With extensive local experience and strong trial advocacy, our attorneys are committed to protecting your rights, your driving privileges, and your freedom. Contact Buda Law today at (813) 322-2832 or fill out our online contact form to schedule your free initial consultation and take the first step toward securing your future.