DUI in Pinellas County
After an arrest for DUI in Pinellas County, FL, you have two issues to resolve.
First, you should talk with an attorney about the benefits of demanding a formal review hearing to contest the administrative suspension of your driver’s license. An attorney can submit your demand for a formal review hearing to the Department of Highway Safety and Motor Vehicle (DHSMV) Bureau of Administrative Reviews (B.A.R.) office in Clearwater and secure your 42-day driving permit.
Although some people might tell you to waive all your rights by seeking immediate reinstatement of your hardship driving privileges, demanding a formal review hearing is the only way to challenge the administrative suspension and remove it from your driving record. Don’t waive your rights to a formal review hearing until after speaking with an experienced DUI attorney about the pros and cons of each approach.
Second, your attorney can represent you in the criminal court case that will be prosecuted at the Pinellas County Justice Center (“CJC”). The goal in the criminal case is avoiding a DUI conviction or getting the entire DUI charge thrown out.
Effective on January 1, 2019, the South County Traffic Facility closed. All criminal traffic cases pending in South County Traffic Court were relocated to the Criminal Justice Center (CJC) Courthouse on 49th Street in Clearwater, FL, as explained in Administrative Order No. 2018-058 PI-CIR.
In 2023, the rules were changed again so that DUI cases are no longer heard at the North County Traffic Court. All new DUI cases are now funneled to the CJC Courthouse in Clearwater, FL.
Attorneys for DUI Defense in Pinellas County, FL
If you were arrested for driving under the influence of drugs or alcohol (“DUI”), contact an experienced criminal defense attorney for Pinellas County, FL, to discuss your case today. Contact us for a free consultation.
When you come to the appointment, bring a copy of any documents you received when you were released from jail, including:
- the DUI citation;
- the notice of the administrative suspension of your driver’s license;
- any Florida Uniform Traffic Citations;
- the complaint/arrest affidavit from the Circuit/County Court in Pinellas County:
- the criminal report affidavit; and
- the subject charge report from the Pinellas County Sheriff’s Office or another local agency.
Many of our clients have been arrested for their first DUI and have no prior criminal record. Contact us to determine whether you might be eligible for a new DUI diversion program called D.R.O.P. in Pinellas.
We also help clients with violations of probation or violation of pre-trial release in Pinellas County, FL. Some violations involve the continuous alcohol monitoring “CAM” or “SCRAM” device for an alcohol concentration (“BrAC”) reading.
Our office in Clearwater, FL, is located at 14010 Roosevelt Blvd Suite 701, Clearwater, FL 33762-3820, near the CJC courthouse on 49th Street. Don’t face the judge alone.
Call 727-210-7004.
Ten (10) Days After Your Arrest to Protect Your Driver’s License
After your DUI arrest, you only have ten (10) days to request a formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) in Clearwater, Florida, to protect your driver’s license from an administrative suspension.
A formal review hearing is an essential step in fighting your DUI. The hearing allows your DUI defense attorney to gather critical evidence that might otherwise be lost over time.
The formal review hearing allows your lawyer to question each of the witnesses against you under oath, including:
- the officer who conducted the stop of your vehicle;
- the DUI enforcement officer who made the arrest;
- the breath test operator (BTO) that either took the breath sample or witnessed the alleged refusal to submit; and
- the agency inspector who maintains the breath test instrument used in your case.
If you allegedly refused to take a chemical test of your blood, breath, or urine, the arresting officer may be the primary witness against you.
In DUI refusal cases in Pinellas County, FL, the arresting officer should be cross-examined under oath during the hearing about how the alleged refusal occurred. That information can later be used for impeachment purposes at trial.
Sometimes, evidence gained during the formal review hearing can make a big difference in how the criminal part of the case is resolved in court. Your attorney can use the formal review hearing to uncover defenses.
Notice of the Telephonic Formal Review Hearing
Your attorney can demand a formal review hearing within ten (10) days of the DUI arrest in Pinellas County, FL.
The Bureau of Administrative Reviews in Clearwater, FL, will then send out a notice of the telephonic formal review hearing and prehearing order that provides:
Your formal review hearing, pursuant to section 322.2615 and/or section 322.64, Florida Statutes and chapter 15A-6, Florida Administrative Code for a refusal to submit to a breath, blood, or urine test, or a BAC level of .08 or above has been scheduled at the Bureau of Administrative Review office at 4585 140th Avenue North, Suite 1002, Clearwater, FL, 33762, 727-507-4405, ClearwaterBAR@FLHSMV.gov on [date] at [time].
Telephone numbers provided must be landline numbers, cellular telephone numbers are not accepted.
The notice includes a Driver’s Prehearing Statement form, which must be completed and returned to the above address within ten (10) days of the date of the notice, along with a proposed subpoena(s), if requested, for DHSMV seal and DHSMV employee signature and a stamped self-address envelope.
During the COVID-19 public health crisis, the hearing officers have started accepting and issuing each subpoena by email. The Prehearing Statement should expressly state those disputed issues of law and fact and summarize the anticipated testimony of all witnesses.
At the hearing, the hearing officer will determine by a preponderance of the evidence presented whether sufficient cause exists to sustain, amend, or invalidate the suspension or disqualification.
The PCSO uses a form called the Notification of Driver License Hearing for the Pinellas County Sheriff’s Office, which provides the following:
I, [name of arresting officer], placed [name of driver] under arrest for the charge of D.U.I. on [date]. I am requesting to be notified if a Driver’s License Hearing is scheduled and that I am not subpoenaed for this incident. I also request to be notified if the Driver’s License Hearing is rescheduled or canceled.
The PCSO also uses a form called the “DUI Packet – BREATH” when a breath test is requested (as opposed to a request for a blood or urine sample). The form provides:
Pinellas County Sheriff’s Office
DUI Packet – BREATH
Case Number: ___
Arresting Deputy Name and ID#: ___
Arresting Deputy’s email: ___
Driver’s Name: ___
DL#: ___
DL State: ___
Submit to Test: ___
Submit after Implied Consent: ___
Refused after Implied Consent: ____
Time of Test or Refusal: ___
Time or Arrest: ___
Complete ONLY if the Driver has a Commercial Driver’s License:
Submitted to a Test after Implied Consent: ___
Refused Test after Implied Consent: ___
Date of Arrest:
Month: ____ Day: ___ Year: ____
Date of Test:
Month: ____ Day: ___ Year: ____
Offense: DUI
Citation Number: ____
What Happens if I Don’t Request a Formal Review Hearing?
If you fail to act within ten (10) days of your drunk driving or DUI arrest in Pinellas County, FL, then your driver’s license will be revoked for at least six (6) months if you blew over the legal limit or twelve (12) months if you allegedly refused to take the breath test.
A thirty (30) day hard suspension follows the six (6) month suspension, which means that you can not drive a vehicle in Florida for thirty (30) days for any reason, and you are not eligible for a hardship or business purposes only driver’s license.
If you refuse to take the breath test, a ninety (90) day hard suspension will result, meaning that you may not drive for any reason during the first ninety (90) days.
During that 30-90 hard suspension period, you are not eligible for a business purpose only or hardship license.
One way to avoid suffering the thirty-day or ninety-day hard suspension and six-month or twelve-month suspension is to hire an attorney for your case in Pinellas County, FL, to fight the administrative suspension of your driver’s license.
Your attorney can request a formal review hearing during the ten (10) days after your arrest to challenge the suspension.
If you enroll in DUI school and have no prior DUI suspensions, you can stipulate that you were DUI for administrative purposes and obtain immediate reinstatement. If you stipulate, the notation of the suspension remains on your driving record for 75 years.
The only exception to that rule is that if you blow over the legal limit and obtain a “not guilty” verdict at trial, the administrative suspension will be removed from your driving record.
If you allegedly refused, the administrative suspension will remain on your driving record even after a “not guilty” verdict at trial.
Before waiving your rights, call us to discuss the case at (813) 250-0500.
Agencies Making DUI Arrests in Pinellas County, FL
If you were arrested for DUI in Pinellas County, FL, the arresting officer was probably from one of the local law enforcement agencies listed below. The judge assigned to your case will depend, in part, on where you were arrested for DUI.
DUI cases in Pinellas County from the following agencies will be assigned to Judge Theodora C. Komninos in Sections 51 and 52 at the North County Traffic Facility:
-
- Belleair Police Department
- Clearwater Police Department
- Largo Police Department
- Tarpon Springs Police Department
DUI cases in Pinellas County from the following agencies will be assigned to South County Traffic I – Judge Joseph Lawhorne for citations issued by any of the following agencies:
- Bay Pines V.A. Police Service
- Department of Transportation
- Gulfport Police Department
- Indian Shores Police Department
- Kenneth City Police Department
- Pinellas County Schools Police
- Pinellas Park Police Department
- Treasure Island Police Department
- University of South Florida
DUI cases in Pinellas County at the South County Traffic Court at the Pinellas County Justice Center (CJC) are assigned to South County Traffic II – Judge Dorothy Vaccaro for citations issued by any of the following agencies:
- Florida Highway Patrol
- St Petersburg Police Department
Read more about how judges are assigned to criminal cases in Pinellas County, FL.
According to Administrative Order Number 2020-037 PI-CIR, cases filed in Pinellas County from the Pinellas County Sheriff’s Office and the Florida Fish and Wildlife Conservation Commission will be assigned to either the North County Traffic Facility or the Pinellas County Justice Center based on the assignment of the deputy, trooper, or officer issuing the citation.
Deputies, troopers, and officers will be assigned to either the North County Traffic Facility or the Pinellas County Justice Center in a manner that results in an even distribution of cases between Sections 51 and 52, South County Traffic I, and South County Traffic II.
When did the South County Traffic Court move to the CJC courthouse in Clearwater? The South County Traffic Facility closed on January 1, 2019. Any criminal traffic cases pending in South County Traffic Court were moved to the Criminal Justice Center (CJC) Courthouse on 49th Street in Clearwater, FL, as explained in Administrative Order No. 2018-058 PI-CIR.
Each agency creates standard operating procedures and other rules for conducting DUI investigations. Read more about the standard operating procedures for DUI by the Pinellas County Sheriff’s Office.
Elements of a Basic DUI in Pinellas County, FL
Subsection (1) of section 316.193 sets forth the elements of the basic DUI offense:
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
§ 316.193(1), Fla. Stat. (2014).
Subsections (2), (3), and (4) of section 316.193 delineate different penalties for certain aggravating conduct. Subsequent violations of the DUI statute result in increased fines and increased terms of imprisonment. For example, § 316.193(2)(a) provides for a $500-$1,000 fine and up to six months imprisonment for a first conviction and a $1,000-$2,000 fine and up to nine months imprisonment for a second conviction.
Other provisions of Florida’s DUI statute increase the fine and terms of imprisonment based on certain aggravating factors. For example, § 316.193(4) provides for increased fines and terms of imprisonment if the person, while driving under the influence:
- had a blood-alcohol level or breath-alcohol level of 0.15 or higher; or
- had a minor passenger in the vehicle at the time of the offense.
DUI Penalties in Pinellas County, FL
Florida law requires the judge to impose minimum mandatory and statutory maximum punishments after a DUI conviction. Click here to find the chart the State Attorney’s Office uses in the Sixth Judicial Circuit to determine the Standard Penalties for DUI in Pinellas County.
In Pinellas County, FL, the courts impose minimum mandatory penalties depending on how the DUI is charged. As the court explained in Velazco v. State, 305 So. 3d 72, 87-88 (Fla. Dist. Ct. App. 2020), the statutory framework for DUI penalties evinces a “degree relationship,” providing:
- graduated imprisonment sentences (six months, nine months, one year, five years, fifteen years, thirty years);
- increased fines ($500-$1000, $1000-$2000, $2000-$4000, $4000 or more); and
- other escalating penalties (e.g., restriction, suspension, or revocation of driving privileges) based upon the existence and establishment of certain aggravating conduct.
The aggravating conduct that might lead to escalating penalties includes:
- the number of prior DUI convictions;
- the recency of those prior DUI convictions;
- the level of intoxication/impairment;
- the presence of a minor in the offender’s vehicle while DUI;
- the nature of any resulting harm caused by an offender while DUI; and
- the seriousness of any resulting harm (bodily injury, serious bodily injury, death) caused by the offender while DUI.
First DUI with a BAC Below .15
The penalties for a first DUI with a BAC below .15 in Pinellas County, FL, include:
- Total Fines and Costs – $983.00 §316.193(2)(a)
- Probation Period – 12 months §316.193(6)(a)
- Driver’s License Revocation Period – 6 months to 1 yr §322.28(2)(a)1
- Jail Time – Up to 6 months in Pinellas County Jail – §316.193(2)(a)2.a
- Vehicle Impound – 10 days §316.193(6) (a-c)
- Other Mandatory Penalties
- DUI School/Alcohol Evaluation & Treatment
- 50 hrs Community Service
First DUI with a BAC of .15 or higher (or a passenger less than 18 years old)
The penalties for a first DUI with a BAC of .15 or higher in Pinellas County, FL, include:
- Total Fines and Costs – $1,518.00 – §316.193(4)(a)
- Probation Period – 12 months – §316.193(6)(a)
- Driver’s License Revocation Period – 6 months to 1 year – §322.28(2)(a)1
- Jail Time – Up to 9 months in Pinellas County Jail – §316.193(4)(b)1
- Vehicle Impound – 10 days – §316.193(6) (a-c)
- Other Mandatory Penalties –
- DUI School/Alcohol Evaluation & Treatment
- 50 hrs Community Service
- 6 months Ignition Interlock
Second DUI within five years with a BAC below .15
The penalties for a second DUI within five (5) years with a BAC below .15 in Pinellas County, FL, include:
- Total Fines and Costs – $1,518.00 – §316.193(2)(a)
- Probation Period – 12 months – §316.193(6)(a)
- Driver’s License Revocation Period – Mandatory five (5) years – §322.28(2)(a)2
- Jail Time –
- Mandatory ten (10) days in the Pinellas County Jail – §316.193(6)(b)
- Up to 9 months -§316.193(2)(a)2.b
- Vehicle Impound – 30 days – §316.193(6) (b)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment
- 1 yr Ignition Interlock
Second DUI within five years with a BAC of .15 or higher
The penalties for a second DUI within five (5) years with a BAC of .15 or higher in Pinellas County, FL, include:
- Total Fines and Costs – $2,558.00 – §316.193(4)(a)
- Probation Period – 12 months – §316.193(6)(a)
- Driver’s License Revocation Period – Mandatory five years – §322.28(2)(a)2
- Jail Time –
- Mandatory ten days in Pinellas County Jail – §316.193(6)(b)
- Up to 12 months – §316.193(4)(b)2
- Vehicle Impound – 30 days – §316.193(6) (b)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment,
- 2 yrs Ignition Interlock
2nd DUI outside five years with a BAC below .15
The penalties for a second DUI within five years with a BAC below .15 in Pinellas County, FL, include:
- Total Fines and Costs – $1,1518.00 – §316.193(2)(a)
- Probation Period – 12 months – §316.193(6)(a)
- Driver’s License Revocation Period – 6 months to 1 year – §322.28(1)
- Jail Time – Up to 9 months in Pinellas County Jail – §316.193(2)(a)2.b
- Vehicle Impound – 10 days – §316.193(6) (a-c)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment
- 1-year Ignition Interlock
2nd DUI outside five years with a BAC of .15 or higher (or a child passenger)
The penalties for a second DUI outside five years with a BAC of .15 or higher (or a passenger under 18 years old) in Pinellas County, FL, include:
- Total Fines and Costs – $2,558.00 – §316.193(4)(a)
- Probation Period – 12 months – §316.193(6)(a)
- Driver’s License Revocation Period – 6 months to 1 year – §322.28(1)
- Jail Time – Up to 12 months in Pinellas County Jail – §316.193(4)(b)2
- Vehicle Impound – 10 days – §316.193(6) (a-c)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment
- 2 yrs Ignition Interlock
3rd DUI within ten years with a BAC below .15 (FELONY)
The penalties for a third DUI within ten years with a BAC below .15 in Pinellas County, FL, include:
- Total Fines and Costs – $2,558.00 – §316.193(2)(a)
- Probation Period – Up to 60 months – §775.082
- Driver’s License Revocation Period – Mandatory ten years – §322.28(2)(a)3
- Jail Time –
- Mandatory 30 days in Pinellas County Jail – §316.193(6)(c)
- Up to 5 years Florida State Prison – §316.193(2)(b) and §775.082(3)(d)
- Vehicle Impound – 90 days – §316.193(6) (c)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment
- 2 yrs Ignition Interlock
3rd DUI within ten years with a BAC of .15 or higher (FELONY)
The penalties for a third DUI within ten years with a BAC of .15 or higher in Pinellas County, FL, include:
- Total Fines and Costs – $4,558.00 – §316.193(4)(a)
- Probation Period – Up to 60 months – §775.082
- Driver’s License Revocation Period – Mandatory ten years – §322.28(2)(a)3
- Jail Time –
- Mandatory 30 days in Pinellas County Jail – §316.193(6)(c)
- Up to 5 years Florida State Prison – §316.193(2)(b) and §775.082(3)(d)
- Vehicle Impound – 90 days – §316.193(6) (c)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment
- 2 yrs Ignition Interlock
3rd DUI outside ten years with a BAC below .15
The penalties for a third DUI outside 0 years with a BAC below .15 in Pinellas County, FL, include:
- Total Fines and Costs – $2,558.00 §316.193(2)(a)
- Probation Period – 12 months §316.193(6)(a)
- Driver’s License Revocation Period – 6 months to 1 yr §322.28(1)
- Jail Time – Up to 12 months in Pinellas County Jail – §316.193(2)(b)2
- Vehicle Impound – 10 days §316.193(6) (a-c)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment
- 2 yrs Ignition Interlock
3rd DUI outside ten years with a BAC .15 or higher
The penalties for a third DUI outside 10 years with a BAC of .15 or higher in Pinellas County, FL, include:
- Total Fines and Costs – $4,558.00 §316.193(4)(a)
- Probation Period – 12 months §316.193(6)(a)
- Driver’s License Revocation Period – 6 months to 1 yr §322.28(1)
- Jail Time – Up to 12 months in Pinellas County Jail – §316.193(2)(b)2
- Vehicle Impound – 10 days §316.193(6) (a-c)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment
- 2 yrs Ignition Interlock
4th DUI within a lifetime (FELONY)
The penalties for a fourth DUI in Pinellas County, FL, include:
- Total Fines and Costs – $3,015.00 (BAC >.15) or $4,558.00 if BAC .15 +) §316.193(2)(b)
- Probation Period – Up to 60 months §316.193(6)(a) §775.082
- Driver’s License Revocation Period – Permanent §322.28(2)(e)
- Jail Time – Zero or mandatory 10 or 30 days, or up to 5 years Florida State Prison depending on the age of prior DUI convictions – §316.193(3) and §775.082(3)(d)
- Vehicle Impound – 10, 30, or 90 days depending on the age of prior DUI convictions §316.193(6) (a-c)
- Other Mandatory Penalties
- Multiple Offender DUI School/ Alcohol Evaluation & Treatment
- 2 yrs Ignition Interlock
Can the Court Withhold Adjudication on a DUI?
The court is not permitted to withhold adjudication on a DUI charge. Section 316.656, F.S., prohibits the court from withholding adjudication of guilt for all forms of DUI, including any violation of 316.193, F.S.
Instead, the court must order the person adjudicated guilty of DUI. The conviction for DUI comes with long-lasting repercussions, even for a first offense. For example, an adjudication of guilt for DUI prevents a person from petitioning the court for expunction, as explained in Section 943.0585, F.S.
Section 316.656, F.S., also prohibits the court from accepting a plea of guilty to a lesser offense from a person who has been given a breath or blood test to determine blood or breath alcohol content by weight of 0.15 percent or more.
Many DUI charges are amended to reckless driving with a “withhold of adjudication” to avoid these long-lasting repercussions. In those cases, the driver might be eligible to petition the court to seal the record.
Technically, the offense of reckless driving, contrary to s. 316.192, F.S., is not a lesser included offense of DUI as explained in Fla. Std. Jury Inst. (Crim.) 28.1 and Anguille v. State, 243 So. 3d 410, 413 (Fla. 4th DCA 2018).
Forms Used in a PCSO DUI
After a DUI arrest by an officer with the Pinellas County Sheriff’s Office, the arresting officer will file a “Pinellas County Standardized Field Sobriety Test Form.” The form is a worksheet the officer should use while conducting the DUI investigation. The form instructs the officer to ask the following health questions before conducting SFSE:
- Are you sick or injured?
- If “Yes,” what is wrong?
- Do you have any physical defects?
- Are you diabetic?
- Do you take insulin?
- Are you epileptic?
- Do you take Dilantin?
- Are you under the are of a doctor or dentist?
- If “Yes,” who?
- Do you have a glass eye?
- Are you wearing contacts?
The worksheet also gives the officer boxes to check related to observations, including:
- Odor of Breath
- Conditions of eyes
- Speech
- Condition of face
- Dexterity
- Clothing
- Unusual Actions
- Attitude
- Emotional
- Exit Vehicle
- Walking to roadside
- Standing
The form has boxes for the following psychophysical evaluations:
- the walk and turn exercise
- the one-leg stand
- the HGN
- finger-to-nose
- the Rhomberg Alphabet
The form also contains a “driver interview” section which requires the officer to read Miranda and ask the following questions:
- Where are you coming from?
- Where are you going?
- What street are you on?
- What was your direction of travel?
- Have you been drinking?
- What have you been drinking?
- When did you start?
- When did you stop?
- Have you been smoking marijuana?
- How much did you consume?
- When did you last eat?
- When did you last sleep?
- How much sleep did you have?
- Any mechanical problems with your vehicle?
- Are you taking medication?
- Were you involved in a crash today?
- Do you feel the effects of the alcoholic beverage or drugs you consumed?
- In our opinion, are you under the influence of alcoholic beverages or drugs?
For DUI investigations conducted by the Pinellas County Sheriff’s Office, the officers are taught to fill out an Implied Consent for DUI in a Motor Vehicle form.
DUI Forms Provided in Discovery
The State Attorney’s Office for the Sixth Judicial Circuit in and for Pinellas County, FL, will provide discovery in DUI cases that include the following documents:
- DUI Packet:
- FST Form/DUI Investigation Form
- DUI Supplement
- Alcohol and Drug Influence Report
- Impairment Evaluation Form
- Breath Alcohol Test Affidavit
- Implied Consent
- Affidavit of True Copy
- Copy of Driver’s License
- Refusal
- Law Enforcement Oath Form
- Vehicle Impound Form
- DUI Maintenance Packet for a DUI breath test case:
- FDLE Registration of Evidentiary Breath Test Instrument
- Department Inspection Report
- Agency Inspection Report
- Breath Test Operator Certificate(s)
- Agency Inspector Certificate(s)
What Happens to Officers in Pinellas County Arrested for DUI?
Since the Sheriff’s Office and the local law enforcement agencies in Pinellas County take such an aggressive position when investigating DUI cases, what happens when one of their own is caught drunk driving?
On March 18, 2018, a lieutenant with the Pinellas County Sheriff’s Office was arrested and charged with driving under the influence. The investigation showed that a civilian called the Pinellas Sheriff’s Office to report that a vehicle was honking its horn in the neighborhood.
When PCSO deputies arrived, they found a 41-year-old lieutenant driving her vehicle in reverse and honking the horn for unknown reasons. The lieutenant failed a field sobriety exercise. After the arrest, the lieutenant failed a breathalyzer test with a BAC of .13-.14. The lieutenant was fired shortly thereafter.
On August 25, 2018, it was reported that a corporal in the Patrol Operations Bureau of the Pinellas County Sheriff’s Office was arrested and charged with DUI. The corporal was arrested for DUI after deputies with the PCSO found his vehicle crashed into a telephone pole and tree.
Immediately after the arrest, the corporal was terminated from his employment with PCSO. According to officials at the sheriff’s office, terminating the corporate was consistent with the policy of the Pinellas County Sheriff’s Office.
On January 4, 2019, a 48-year-old Pinellas County Sheriff’s detective in the homicide unit was arrested for DUI, which caused him to lose his job shortly thereafter. The detective was caught driving drunk after traveling to a crime scene in an unmarked PCSO vehicle from his home.
When he arrived at the scene, other patrol deputies noticed him drive up to the scene. As he exited his vehicle, it became apparent that he had obvious signs of impairment, including bloodshot and glassy eyes, slurred speech, and a distinct odor of an alcoholic beverage coming from his breath.
The deputies began a DUI investigation and asked the detective to perform Field Sobriety Exercises. After performing poorly on the exercises, he provided a breath sample in the Intoxilyzer 8000 with a BrAC reading of .129/.134.
Consistent with the policy of the Pinellas County Sheriff’s Office regarding members arrested for DUI, the homicide detective was immediately terminated from his job.
Creation of the DUI Enforcement Unit in Pinellas County
The DUI Enforcement Unit was eliminated by Sheriff Jim Coats in 2008 because of budget cuts. Five years later, in 2013, the DUI enforcement unit was reinstated by Sheriff Bob Gualtieri.
During that five-year period when the DUI enforcement unit was eliminated, PCSO claims that fewer DUI arrests occurred in Pinellas County. To increase the number of DUI arrests, the DUI enforcement unit in Pinellas County coordinated “Wolf Pack” saturation operations and the occasional DUI checkpoint.
Deputies in the PCSO on the DUI enforcement unit receive special training. Many of these deputies are certified DUI Instructors or Drug Recognition Experts, a program recognized by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA).
Recent DUI Checkpoints in Pinellas County, FL
According to a recently released press release number 22-059, deputies and local police agencies plan to conduct a county-wide DUI Wolf Pack this Fourth of July Holiday Weekend. DUI Wolf Pack officers scheduled the saturation patrol to begin at 7:00 p.m. on Saturday, July 2, 2022, and continue until 5:00 a.m. on Sunday, July 3, 2022, on the highly-traveled roadways of Pinellas County.
The law enforcement agencies participating in the saturation patrol include:
- Florida Highway Patrol
- Clearwater Police Department
- Gulfport Police Department
- Kenneth City Police Department
- Largo Police Department
- Pinellas Park Police Department
- St. Petersburg Police Department
- Tarpon Springs Police Department
The Pinellas County Sheriff’s Office released an “UPDATE Deputies Release Results of Overnight Wolf Pack.”
According to the press release, more than 25 DUI arrests were made by PCSO deputies and local police agencies in the county-wide DUI Wolf Pack operation over the Fourth of July Holiday Weekend.
In addition to the DUI arrest, the operation resulted in a .02 violation charge, three other misdemeanor charges, one felony charge, and four charges for DWLS/R. A total of 166 civil and criminal traffic citations were issued.
Update: Read more about how DUI Wolf Pack enforcement officers in Pinellas County, FL, made DUI arrests as part of a weekend Wolf Pack operation from Friday, May 5, 2023, until 5:00 a.m. on Saturday, May 6, 2023.
Additional Resources
Pinellas County Sheriff’s DUI Unit – Visit the Pinellas County Sheriff’s Office to find information on DUI investigations and a list of active calls. Find information on DUI immobilization and impoundment services. The website lists DUI checkpoints in Pinellas County in 2018 and 2019. The DUI unit makes the majority of arrests in Pinellas County. For instance, In 2007, the Pinellas County Sheriff’s DUI Unit posted 888 arrests which was 67% of the total DUI arrests for the entire agency.
Clearwater Bureau of Administrative Review – As a division of the Florida Department of Motor Vehicles, you must request a formal review hearing through the Bureau of Administrative Review at the following location after a DUI arrest in Pinellas County, FL.
4585 140th Avenue
Clearwater, Florida 33762
727-507-4404 or 727-507-4405
DUI school in Pinellas County – Suncoast Safety Council – Only licensed DUI school program for anyone who lives, works, or attends school in Pinellas County, FL, even if your DUI arrest occurred elsewhere. Call (727) 373-SAFE (7233) for more information. Register online for classes at one of the following locations:
Clearwater DUI School Office
1145 Court Street
Clearwater, FL 33756
St. Peterburg DUI School Office
455 31st St. North
St. Petersburg, FL 33713
Palm Harbor DUI School
1500 16th Street
Palm Harbor, FL 34683
Level I – DUI School in Pinellas County – Anyone who is arrested for DUI may be required to complete the Suncoast Safety Council Level I DUI school in Pinellas County as part of the requirements to obtain or reinstate a driver’s license after an administrative suspension, even if they ultimately avoid a DUI conviction in court.
- For an individual who has never been arrested for DUI the Level I course will be required. The Level I DUI course requires 12 hours of classroom instruction, a drug and alcohol evaluation, and completion of recommended follow-up treatment.
- The DUI Level I program can be completed at the Clearwater, Palm Harbor, or St. Petersburg locations.
- The Level I DUI school fee in Pinellas County is $245, including the State Assessment fee, the lifetime Florida driving record, and the Driver Risk Inventory questionnaire.
Level II – DUI School in Pinellas County – The Suncoast Safety Council Level II DUI school in Pinellas County is often called the “Repeat Offender” education course. It requires twenty-one (21) hours of classroom instruction in Clearwater, Palm Harbor, or St. Petersburg.
- Many people want to know if they are required to take the Level I or Level II D.U.I. course.
- The simple answer is that if you have ever been arrested for DUI, you will probably be required to take the Level II course.
- You must take the Level II course even if the prior DUI arrest or conviction is not on your lifetime Florida driving record.
- You must disclose that the prior DUI arrested occurred.
- For this reason, if you have a prior DUI that does not show up on your Florida driving record, you might way to enroll in DUI school until after your case is resolved.
- In addition to the 21 hours of classroom instruction, the Level II DUI school requires a substance abuse evaluation and completion of any recommended follow-up treatment.
- The Pinellas County Level II DUI course fee is $375, which includes the state assessment fee, a copy of your lifetime Florida driving record, and the driver’s risk inventory questionnaire.
Attorney for the DUI Case in Pinellas County, FL
After a misdemeanor DUI arrest, you have two cases pending against you, including:
- the administrative suspension with the Florida Department of Highway Safety and Motor Vehicles (DHSMV); and
- the criminal case in County Court in Clearwater, Pinellas County, Florida.
If you were charged with a felony DUI case, then you must fight your Felony DUI case in the Circuit Court in Pinellas County.
Your DUI Attorney for Clearwater, FL, can defend your case by aggressively filing and litigating all viable motions, including motions to suppress, exclude, or dismiss the DUI charges against you. Furthermore, hiring an attorney prepared to take your DUI case to trial for a “not guilty” verdict may put you in the best position to avoid a DUI conviction.
Many of these DUI cases in Pinellas County are reduced to reckless driving or some other disposition that allows you to avoid a DUI conviction. Contact an attorney to discuss your Pinellas County DUI arrest to determine what DUI defenses might exist under Florida law and your particular facts and circumstances.
At Sammis Law Firm, P.A., you can set up a phone or office consultation to speak with a DUI lawyer today about your Pinellas County DUI arrest and prosecution. Obtaining an experienced and aggressive DUI attorney early in the process is one of the most important decisions you will make in fighting your case to avoid a driving under the influence or drunk driving (DUI) conviction.
Drunk driving or driving under the influence of drugs or alcohol (DUI) cases are handled differently in Pinellas County, whether your arrest occurred in St. Petersburg or Clearwater, Florida.
Call (813) 250-0500 today to speak with a Criminal Defense Attorney for pending drunk and impaired driving cases at the Clearwater courthouse in Pinellas County, FL.
This article was last updated on Tuesday, September 3, 2024.