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DUI Overview

First-Time Offender Penalties Repeat Offender Penalties Challenging DUI Test Results Why Choose Carlson Meissner & Hayslett FAQs

The Guardians of Your Driving Privileges in Clearwater, FL

It’s never wise to operate a motor vehicle while under the influence of alcohol. If you make this mistake, you could face the consequences of this bad decision for the rest of your life. A DUI can affect your personal relationships, employment opportunities, and finances for years following the conviction. Don’t let a DUI disrupt your life—fight these charges with the help of the skilled criminal defense attorneys at Carlson Meissner Hart & Hayslett. The DUI defense attorneys at Carlson Meissner Hart & Hayslett are committed to providing you with the strongest, most effective legal representation possible. Regardless of whether it is your first offense or your fourth, our DUI attorneys in Clearwater are ready to aggressively fight the charges on your behalf. Discuss your legal options with our team by calling 727-219-2272 to schedule a free consultation today.

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What Are the DUI Penalties For First-Time Offenders?

Don’t make the mistake of assuming that you won’t face serious penalties simply because you are a first-time DUI offender. In Florida, the penalties for DUI are always serious, even for first-time offenders. If you are a first-time offender, you could face a wide range of penalties that may include:

  • Fines between $500 to $1,000
  • Imprisonment for up to six months
  • Revocation of driving privileges for between six months to one year

These are some of the many penalties you can face if you are convicted of DUI for the first time in Clearwater.

Man drinking from a flask in the drivers seat of a car.

What Are the DUI Penalties For Repeat Offenders?

The penalties are even more serious for people who have already been convicted of DUI one or more times in the past. If this is your second conviction, you may face penalties such as:

  • Fines between $1000 to $2000
  • Imprisonment for up to nine months. If this is your second conviction within five years, you will face mandatory imprisonment of at least 10 days.
  • Revocation of driving privileges. If this is your second conviction within five years, you will lose your driving privileges for at least five years. However, if your prior conviction did not occur within the last five years, you will lose your driving privileges for six months to one year.

If you are convicted of DUI for the third time, the penalties may include:

  • Fines between $2000 to $5000
  • Imprisonment for up to one year. If the third conviction occurs within 10 years of the second conviction, you will face mandatory imprisonment of 30 days.
  • Revocation of driving privileges. If the third conviction occurs within 10 years of the second conviction, you will lose your driving privileges for at least 10 years. If it does not occur within this 10-year period, you will lose your driving privileges for six months to one year.

If this is your fourth or subsequent offense, the penalties may include:

  • At least $2000 in fines
  • Up to five years in prison
  • Permanent revocation of your driving privileges

There’s no doubt that these penalties can negatively impact your life, which is why it’s so important to fight your charges with the help of our DUI lawyers in Clearwater.

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How Can Our Clearwater Defense Attorneys Challenge DUI Test Results?

A DUI arrest does not always lead to a conviction—even if your chemical test results indicate that you are intoxicated. There are several ways our attorneys can challenge the reliability and accuracy of these chemical test results.

For example, we may be able to prove that the breathalyzer used to determine whether you were intoxicated was not properly calibrated. Or, we could identify a mistake made in the administration or testing of your blood sample that affected the accuracy of your results. Our team will carefully analyze the details of your case to look for issues like these that can be used to weaken the state’s case against you.

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Why Choose the DUI Lawyers at Carlson Meissner & Hayslett in Clearwater, FL? 

A DUI arrest in Clearwater can put your license, finances, reputation, and future at risk. Whether you are facing a first-time DUI charge or a more serious repeat offense, having an experienced defense team on your side can make a significant difference in the outcome of your case. The attorneys at Carlson Meissner & Hayslett bring more than 125 years of combined legal experience and a strategic approach to defending clients throughout the Clearwater area.

At Carlson Meissner & Hayslett, we provide personalized representation focused on protecting our clients’ rights and challenging the prosecution’s case at every stage. Our firm stands out because of our:

  • Strong presence in the Tampa Bay and Clearwater legal communities
  • Familiarity with local courts, prosecutors, and judges
  • Active involvement in the legal community and judicial nomination process
  • Recognition from organizations such as Super Lawyers, Florida Trial Lawyers, Martindale-Hubbell, and the Clearwater Bar Association

When you are facing DUI charges, the attorney you choose matters. Contact Carlson Meissner & Hayslett today to schedule a confidential consultation and learn how our Clearwater DUI defense attorneys can help protect your future.

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DUI FAQs

Will I have a criminal record after a DUI case?

What is the legal BAC (blood alcohol concentration) limit to legally drive in Florida?

What is the difference between a felony and a misdemeanor?

How much does it cost?

Am I legally required to submit to field sobriety tests?

Am I required to submit to a breath, blood, or urine test?

What happens if I refuse to submit a breath, blood, or urine test?

When can I be asked to submit to a blood test?

What happens if I blow below the legal limit?

Can I contest the DUI arrest license suspension?

Do I have to tell my employer about a DUI charge?

Will I have a criminal record after a DUI case?

Yes. Additionally, you may never erase a DUI conviction from your permanent criminal record; Florida DUI penalties provide that anyone convicted of DUI receive a mandatory adjudication of guilt. In Florida, once you have a formal conviction of a crime, you cannot seal or expunge your record.

What is the legal BAC (blood alcohol concentration) limit to legally drive in Florida?

In Florida, 0.08 BAC (blood alcohol concentration) is the legal limit.

What is the difference between a felony and a misdemeanor?

Under Florida law, a first-time DUI will always be a misdemeanor offense unless an accident involves serious injuries or death. If your BAC was below .15 or you refused to provide a breath sample, your charge may be considered a “standard DUI,” with a maximum penalty of six months in jail. If your BAC were above .15, your DUI would be regarded as “enhanced,” which increases the maximum sentence to nine months in jail.

A second DUI within five years of the first conviction carries several enhanced penalties. A third DUI within ten years of a second conviction can be charged as a felony. However, a third DUI outside ten years of the second conviction remains a misdemeanor offense and can no longer be charged as a felony.

How much does it cost?

Several factors influence how much a DUI charge could cost you. Hiring a DUI lawyer in Florida costs at least $6,000.

Am I legally required to submit to field sobriety tests?

In Florida, you are not legally required to submit to field sobriety tests. However, your refusal of the tests can be interpreted as a sign of intoxication.

Am I required to submit to a breath, blood, or urine test?

Yes. Under Florida law, by driving a vehicle, you consent to submit to a breath test, a urine test, or both to determine the presence of alcohol or drugs.

What happens if I refuse to submit a breath, blood, or urine test?

If you refuse a breath or urine test, the Florida Department of Highway Safety and Motor Vehicles will automatically suspend your license for one year. Multiple refusals will increase the length of this suspension.

When can I be asked to submit to a blood test?

In Florida, you can be asked to take a blood test when: you voluntarily consent to a blood test; you are at a hospital, and they cannot take your breath or urine; or you are involved in an accident that resulted in severe injury or death.

What happens if I blow below the legal limit?

Florida law states that you may still be arrested for DUI if your driving is impaired, even if your blood alcohol level is below the legal limit.

Can I contest the DUI arrest license suspension?

Yes, you have ten days during which you can contest your license suspension.

Do I have to tell my employer about a DUI charge?

It depends on the circumstances behind your employment. If your work requires driving, you’ll likely need to tell your employer about a DUI charge.

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