Being accused of driving under the influence of alcohol or drugs can have immediate and long-term consequences. A DUI conviction in Florida can lead to jail time, license suspension, heavy fines, and damage to your reputation and career. But an arrest does not equal a conviction. With the right legal representation, you can challenge the charges and protect your future.
The Clearwater DUI defense lawyers at Metcalf Falls, Criminal Defense Attorneys, P.A., fight aggressively for people facing drunk or drugged driving allegations. We focus on minimizing the impact on your life and on pursuing every available option to avoid the severe penalties that often accompany a DUI.
Call (813) 258-4800 or fill out our online form today to schedule a free consultation with a Clearwater DUI attorney.
Why Choose Metcalf Falls for DUI Defense in Clearwater?
Brett Metcalf has strong ties to the local community and a deep understanding of the Florida criminal justice system. Before becoming a defense attorney, he served as a prosecutor with the State Attorney’s Office, where he handled DUI cases from the government’s side. That experience gave him valuable insight into how prosecutors build cases — and how to dismantle them.
Since founding his firm in 2012, Brett has represented countless clients facing first-time and repeat DUI charges. His background on both sides of the courtroom allows him to craft strategic defenses aimed at securing reduced charges, case dismissals, not-guilty verdicts, or the lightest penalties possible
Can DUI Charges Be Dismissed in Clearwater?
Yes, in certain situations, DUI cases can be thrown out before they ever reach trial. Prosecutors sometimes decline to pursue weak cases, and judges may dismiss charges when the evidence doesn’t meet legal standards.
An experienced Metcalf Falls DUI defense attorney will evaluate every detail of your arrest to identify flaws in the state’s case. If the evidence is insufficient or your rights were violated, we may file motions asking the court to dismiss the charges entirely.
We also negotiate directly with prosecutors when appropriate, highlighting weaknesses in their case or problems with how the investigation was conducted. For example, if law enforcement obtained evidence through an improper stop or an unconstitutional search, that evidence could be excluded, leaving the prosecution with little or no case to pursue.
Our goal is simple: challenge the charges early and work toward the best possible resolution for you.
How Does Metcalf Falls Defend Against DUIs?
Every DUI arrest is different, which means every defense strategy should be tailored to the specific facts of your case. At Metcalf Falls, we carefully review the traffic stop, the investigation, and the testing procedures to uncover weaknesses in the prosecution’s evidence. When law enforcement cuts corners or violates your rights, we use that to your advantage.
Below are some of the key issues we examine when defending Clearwater DUI cases:
Did Police Have a Legal Reason to Pull You Over?
Officers must have reasonable suspicion that a traffic violation or crime occurred before initiating a stop. If law enforcement stopped you without a valid legal basis, any evidence gathered afterward may be thrown out. We challenge unlawful stops and fight to have improperly obtained evidence excluded from court.
Were You Actually Driving or in Control of the Vehicle?
Florida law allows DUI charges not only for driving but also for being in “actual physical control” of a vehicle. However, simply being near or inside a car does not automatically meet that standard. If you weren’t operating the vehicle or didn’t have control at the time of the arrest, we may be able to argue that the charge doesn’t apply.
Can the State Truly Prove Impairment?
A conviction requires proof beyond a reasonable doubt that your normal faculties were impaired while operating a vehicle. If the prosecution’s case relies on weak observations, inconsistent reports, or limited evidence, we will highlight those gaps and raise doubt about whether you were actually under the influence.
Were DUI Checkpoints Conducted Properly?
Sobriety checkpoints must follow strict constitutional and procedural guidelines. If officers fail to follow established rules governing the planning and operation of these roadblocks, the entire stop may be unlawful. When checkpoints don’t comply with the law, we move to challenge the arrest and any evidence obtained.
Are the Chemical Test Results Trustworthy?
Breath, blood, and urine tests are often central to the state’s case, but these tests are not foolproof. Improper handling, poor maintenance, or mistakes during administration can produce unreliable results. If testing protocols weren’t followed exactly, we work to have those results questioned or excluded.
Can the Breathalyzer Be Challenged?
Most breath alcohol testing in Florida is performed using the Intoxilyzer 8000, a machine that has known limitations. Calibration issues, maintenance problems, and operator errors can all affect accuracy. Even small discrepancies can significantly alter results. We investigate whether the device was functioning properly and whether your test results can be contested.
DUI Penalties and Possible Jail Time in Clearwater, FL
Whether this is your first, second, or third DUI, it’s crucial to understand the serious consequences you may face in Clearwater. Penalties increase with each offense, and additional factors, like your blood-alcohol content (BAC) or involvement with drugs, can make charges even more severe.
First DUI (BAC Below 0.15%)
- Fines up to $1,000
- Up to 6 months in jail
- 50 hours of community service
- Up to 1 year probation
- Driver’s license suspension: 180 days to 1 year
- DUI school Level 1
- Vehicle impoundment for 10 days
If your BAC was 0.15% or higher, penalties increase. You could face higher fines, longer jail time, and be required to install an ignition interlock device for at least six months.
Second DUI (BAC Below 0.15%)
- Fines up to $2,000
- Jail time up to 9 months
- Probation up to 1 year
- Driver’s license suspension: 180 days to 1 year
- DUI school Level 2
- Vehicle impoundment: 30 days
- Ignition interlock device for 6 months
If your second DUI occurs within five years of your first, the court must impose a minimum of 10 days in jail and a five-year license revocation. A BAC above 0.15% leads to higher fines and possible jail time up to 12 months. A Clearwater DUI lawyer can help minimize the impact of these enhanced penalties.
Third or Subsequent DUIs
A third DUI within 10 years is charged as a felony. Penalties may include:
- Fines up to $5,000
- Up to 5 years in prison (minimum 30 days in jail)
- 90-day vehicle impoundment
- Driver’s license suspension: 10 years
- DUI school Level 3
- Ignition interlock device for 2 years
Felony DUI charges also apply for a fourth DUI, DUI causing serious bodily injury, or DUI manslaughter
DUI with Serious Bodily Injury
Causing an accident that results in serious injury can lead to a third-degree felony DUI charge. Punishments include:
- Up to 5 years in prison
- Fines up to $5,000
- Restitution, license revocation, DUI school, ignition interlock device, and vehicle impoundment
Drug-Related DUI
A DUI doesn’t require alcohol. Being impaired by prescription or illicit drugs while driving can result in a drug DUI charge in Florida. This applies even if the substances were legally prescribed but affected your ability to drive safely.
Underage DUI
Drivers under 21 face DUI penalties for a BAC of 0.02% or higher or if impaired by drugs.
- BAC 0.02%–0.07%: 6-month license suspension
- Refusing a chemical test: 1-year license suspension
- BAC 0.08% or higher: penalties mirror those for drivers over 21
DUI Manslaughter
If a DUI results in death or miscarriage, it is a second-degree felony. Penalties include:
- Up to 15 years in prison
- Fines up to $10,000
- Additional DUI penalties
- Mandatory minimum prison sentence: 4 years
Commercial Driver’s License (CDL) DUI
CDL drivers face a lower BAC limit of 0.04% while operating a commercial vehicle. Convictions can lead to the same DUI penalties, plus disqualification from driving a commercial vehicle, which can impact your livelihood.
Boating Under The Influence (BUI)
Operating a boat under the influence carries the same BAC restrictions as driving.
- First BUI: fines up to $1,000, up to 6 months jail
- Second BUI: fines up to $2,000, up to 9 months jail
High BAC (0.15% or more) increases fines and jail time. A third BUI within 10 years or a fourth offense is charged as a felony. A skilled attorney can fight for the best possible outcome.
Legal and Personal Impacts of a DUI Conviction in Clearwater
A DUI conviction carries far-reaching consequences beyond fines and jail time. If you are convicted or enter a plea, you may face:
- Employment Challenges: Losing your license and having a DUI on your record can limit job opportunities.
- Professional Licensing Issues: Certain professional licenses may be denied or delayed due to a DUI. Even if you remain eligible, licensing boards may question your ethical standing.
- Immigration Concerns: Non-citizens with a DUI conviction could face difficulties obtaining permanent residency or naturalization and may even be subject to deportation.
- Child Custody and Visitation: A DUI and license suspension can be used against you in custody disputes, potentially reducing your visitation or parental rights.
- Higher Auto Insurance Costs: A DUI can significantly raise your insurance premiums for years.
- Felony DUI Consequences: If your DUI is charged as a felony, you may lose the legal right to own or possess firearms.
Understanding Breath and Blood BAC Testing in Clearwater DUI Cases
When you are stopped for a suspected DUI in Pinellas County, you are not legally required to take a breathalyzer at the scene. However, refusal does not prevent an arrest. If the officer believes there is probable cause to charge you with a DUI, they can arrest you regardless of your compliance with the test.
After an arrest, Florida’s implied consent law comes into effect. By driving in Florida, you have automatically agreed to submit to chemical or physical testing to determine your blood-alcohol content (BAC).
What Happens if You Refuse a Chemical Test?
Refusing a breath, blood, or urine test after a DUI stop triggers automatic penalties under Florida law:
- First Refusal: Your driver’s license is suspended for 1 year.
- Second Refusal: Your license is suspended for 18 months, and you may face a first-degree misdemeanor charge, including possible fines and jail time.
A skilled DUI lawyer in Clearwater can help challenge administrative suspensions and work to minimize the impact of a refusal.
How a DUI Lawyer Can Challenge Breath and Blood Test Results
A DUI conviction should never be assumed just because a breath or blood test shows alcohol in your system. These tests are often challenged successfully if they were improperly administered.
- Breath Tests: Machines must be correctly calibrated and maintained. Many investigations uncover errors or oversights that render results unreliable.
- Blood Tests: Factors like how the sample was collected, stored, and analyzed can affect results. Attorneys can examine the chain of custody, timing, and lab procedures to identify weaknesses in the prosecution’s evidence.
By carefully reviewing test results and procedure, a DUI lawyer can question the validity of the evidence and fight for the best possible outcome in your case.
FAQs about DUIs in Clearwater
Could I Face Jail Time for a First DUI in Clearwater, Florida?
The consequences for a first DUI in Florida vary depending on the details of your case. While there is no mandatory minimum jail sentence for first-time offenders, you could still face a combination of penalties such as license suspension, fines, probation, or community service. The severity of the incident, BAC level, and any aggravating factors can all influence whether jail time is a possibility.
Can I Legally Refuse a Breathalyzer in Clearwater, FL?
Florida’s implied consent law means that by driving in the state, you automatically agree to submit to breath, blood, or urine tests if a law enforcement officer suspects impairment. Refusing a chemical test after a DUI stop triggers automatic penalties: a first refusal results in a one-year license suspension, and any subsequent refusal leads to an 18-month suspension. In addition, multiple refusals may carry misdemeanor charges, fines, and possible jail time.
Do I Have to Report a DUI Conviction in Florida?
A DUI conviction in Florida remains on your criminal record permanently and must be disclosed on background checks for employment, professional licensing, or other purposes. However, if you were arrested or charged but not convicted, you may be eligible to have your record sealed, potentially allowing you to avoid disclosure in certain situations.
Can Prescription Medication Lead to a DUI in Florida?
Yes—prescription drugs can impair your ability to drive safely and may result in DUI charges if you operate a vehicle while under their influence. Many drivers underestimate how even legally prescribed medications can affect reaction times, judgment, or coordination. Some common prescription medications that could contribute to a DUI include:
- Opioid painkillers (e.g., OxyContin, Vicodin, morphine)
- Anti-anxiety medications (e.g., benzodiazepines)
- Sleep aids (e.g., Ambien, Halcion)
- Certain antidepressants or antipsychotics
A DUI defense attorney can help evaluate your specific situation and determine whether your prescription use could be a viable part of your defense.
Can I get in trouble if a child was in the car during my DUI?
Yes, if you were stopped and arrested for driving under the influence in Florida while a child was in your car, you could be facing much harsher penalties than normal. These “enhanced penalties” mean you could face higher fines, more time in jail, the installation of an IID, and even child endangerment charges. At the very least, child protective services could get involved.
Get Experienced DUI Defense in Clearwater – Schedule Your Free Consultation Today
Facing a DUI charge in Clearwater can be overwhelming, and relying solely on a public defender may not give you the personalized attention your case deserves. Public defenders handle heavy caseloads, leaving limited time to focus on building a strong defense. With a dedicated DUI defense attorney like Brett Metcalf, you gain a legal team fully committed to protecting your rights and pursuing the best possible outcome.
Attorney Metcalf leverages his experience as a former prosecutor to anticipate the prosecution’s strategy and guide his team in crafting effective defenses. He will walk you through your options, answer your questions, and work tirelessly to minimize penalties or secure a dismissal when possible.
Reach out to Metcalf Falls, Criminal Defense Attorneys, P.A. today by calling (813) 258-4800 or submitting our online form to schedule a complimentary consultation with a Clearwater DUI lawyer.
