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Duis In Clearwater: A Criminal Defense Attorney Can Protect Your Rights

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By Author: Stephanie Aiello
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Driving under the influence is a serious crime with severe repercussions. If you have been arrested in Florida for driving under the influence of drugs or alcohol, the stakes may be unclear. Charges range from paying a fine to serving jail time. To ensure that you get the best outcome from your DUI charges, consult with a Clearwater criminal defense attorney as soon as possible. A Clearwater criminal attorney will work with you to create a strategy reducing chances of jail time, loss of license, increased insurance premiums, and harsh fines.

Handling the Arrest After it Happens

It’s important to understand the possible implications of your actions before entering the courtroom. If your Blood Alcohol Level is measured above .15% at the time of arrest, the punishment is considered enhanced.

The first step a Clearwater criminal defense attorney takes when evaluating your case is judging the cause for arrest. An officer needs reasonable suspicion or probable cause for a stop to be legal. Next, your Clearwater criminal attorney will examine if the stop was ...
... illegal. If so, your case may be dismissed following a motion. The illegal stop would be considered “fruit of the poisonous tree” and any evidence obtained can be suppressed.

Following the arrest, your license is confiscated and you are given a DUI citation, which is your acting license for 10 days. Before those 10 lapse, a form must be filed for an Administrative Formal Review Hearing. Only then will you receive a hardship license that grants permission to drive to work and/or school. If you do not file for a temporary license, your license can be suspended for up to 18 months depending on whether you have refused a blood breathe or urine draw in the past. A Clearwater criminal defense attorney has access to all of these forms and will assist you in beginning this process immediately.

The Administrative Formal Review Hearing allows your Clearwater criminal defense attorney to fight license suspension. This also depends on the officer’s reason for the stop, whether or not you were informed of the consequences of not taking the initial breath test, and whether or not you subsequently consented to taking the initial breath test.

To reduce the penalties of a DUI arrest in Florida, contact a Clearwater criminal defense lawyer right away. With each DUI conviction comes a more severe punishment, affecting your work and school life, family, and financial situation. Depending on the number of DUI convictions and the time between each one, a judge in Florida can suspend your license for 6 months to 10 years. Don’t allow this to happen to you – work with a Clearwater criminal lawyer to fully understand and fight for your rights.


Stephanie Aiello is a freelance writer for Roman & Roman Criminal Defense, a reputable Clearwater law firm established in 1985. To connect with a Clearwater defense attorney, visit our website today at Romanromancriminaldefense.com.

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