St. Petersburg DUI Lawyer

A DUI arrest in St. Petersburg creates immediate, serious problems. Florida law imposes harsh penalties even for first-time DUI offenses, and Pinellas County prosecutors aggressively pursue convictions. You may find yourself facing potential jail time, automatic license suspension, thousands of dollars in fines and fees, job loss, insurance rate increases, and a permanent criminal record.

If you received a DUI ticket, you need experienced legal representation to protect your rights, challenge the evidence against you, and fight for a favorable outcome.

Lopez Law Group represents clients charged with DUI in St. Petersburg, Bradenton, and throughout Pinellas and Manatee County. Whether you’re facing your first DUI charge or dealing with multiple offenses, our criminal defense attorneys understand Florida DUI law, local court procedures, and the strategies to minimize consequences.

Criminal defense consultations are free and confidential. Call (727) 933-0015 to speak with a St. Petersburg DUI lawyer today.

CALL FOR A CASE EVALUATION

Table of Contents

• Why Choose Lopez Law Group for DUI Defense in St. Petersburg?
• What Is a DUI in Florida?
• What Are the Penalties for a DUI in Florida?
• Will I Lose My License After a DUI in St. Petersburg?
• Can a St. Petersburg DUI Attorney Get My Charges Reduced or Dismissed?
• FAQ for DUI Charges in St. Petersburg
• DUI Arrest? Contact a Trusted St. Petersburg Attorney

Why Choose Lopez Law Group for DUI Defense in St. Petersburg?

Lopez Law Group focuses on criminal defense in Pinellas and Manatee County, bringing decades of courtroom experience. We are familiar with how Pinellas County law enforcement conduct DUI investigations, the common mistakes officers make during traffic stops and field sobriety testing, and the technical requirements for breath, blood, and urine testing that prosecutors must satisfy to prove their case.

Our DUI defense strategy includes:

• Challenging the legality of the traffic stop to determine whether law enforcement had reasonable suspicion or probable cause to pull you over
• Scrutinizing field sobriety test administration to identify improper instructions, unsuitable testing conditions, or officer errors that undermine test results
• Analyzing Breathalyzer calibration and maintenance records to expose equipment malfunctions or procedural violations that invalidate breath test results
• Reviewing blood and urine test procedures to ensure proper collection, handling, chain of custody, and laboratory analysis
• Questioning “actual physical control” when you weren’t actively driving to challenge whether the state can prove you were in control of the vehicle
• Negotiating with prosecutors to pursue reduced charges like reckless driving or alternative sentencing that avoids jail time and minimizes long-term consequences
• Preparing for trial when negotiation doesn’t produce acceptable results, presenting your defense, and challenging the prosecution’s evidence

Criminal defense consultations are free and confidential. Call (727) 933-0015 now.

What Is a DUI in Florida?

Driving Under the Influence (DUI) in Florida means operating a vehicle while your normal faculties are impaired by alcohol, controlled substances, or chemical substances, or while having a blood alcohol concentration (BAC) of 0.08% or higher. Florida Statute § 316.193 defines DUI and establishes penalties for first, second, third, and subsequent offenses.

Florida DUI law applies to anyone driving or in “actual physical control” of a vehicle. Actual physical control means you were physically inside the vehicle and could operate it, even if the vehicle wasn’t moving. Courts consider factors such as whether the engine was running, where the keys were located, whether the driver was in the driver’s seat, and whether the vehicle was operable.

Florida DUI law covers:

• Alcohol impairment: BAC of 0.08% or higher, or impairment of normal faculties regardless of BAC
• Drug impairment: Impairment by controlled substances like marijuana, cocaine, methamphetamine, or prescription medications like opioids, benzodiazepines, or stimulants
• Chemical substances: Impairment by substances like paint, glue, or other inhalants
• All vehicles: Cars, trucks, motorcycles, scooters, bicycles, golf carts, and any other vehicle or device used for transportation

To convict you of DUI, prosecutors must prove beyond a reasonable doubt that you were driving or in actual physical control of a vehicle and either had an unlawful BAC level or were impaired to the extent that your normal faculties were affected.

Normal faculties include the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and generally perform the ordinary mental and physical acts of daily life.

What Are the Penalties for a DUI in Florida?

Florida DUI penalties increase based on the number of prior convictions, your BAC level, whether a minor was in the vehicle, and whether the DUI resulted in property damage, injury, or death. Florida Statute § 316.193 establishes minimum mandatory penalties that judges cannot reduce below statutory requirements.

First DUI Offense

A first DUI in Florida is a misdemeanor punishable by:

• Fines: $500 to $1,000 ($1,000 to $2,000 if BAC was 0.15% or higher or a minor was in the vehicle)
• Jail: Up to 6 months (up to 9 months if BAC was 0.15% or higher or a minor was in the vehicle)
• Probation: Combined jail and probation cannot exceed one year
• License suspension: 180 days to 1 year
• Vehicle impoundment: 10 days
• DUI school: 12-hour DUI school and substance abuse evaluation
• Community service: 50 hours
• Ignition interlock device: Mandatory for 6 months if BAC was 0.15% or higher or a minor was in the vehicle; discretionary for other first offenses

Second DUI Offense

A second DUI in Florida is a misdemeanor punishable by:

• Fines: $1,000 to $2,000 ($2,000 to $4,000 if BAC was 0.15% or higher or a minor was in the vehicle)
• Jail: Up to 9 months (mandatory 10 days if within 5 years of the prior conviction; up to 12 months if BAC was 0.15% or higher or a minor was in the vehicle)
• License suspension: 5 years if within 5 years of the prior conviction; otherwise, minimum 180 days
• Vehicle impoundment: 30 days if within 5 years of the prior conviction
• Ignition interlock device: Mandatory for at least 1 year (at least 2 years if BAC was 0.15% or higher or a minor was in the vehicle)

Third DUI Offense

A third DUI within 10 years of a prior conviction is a third-degree felony punishable by up to 5 years in prison. A third DUI, more than 10 years after a prior conviction, is a misdemeanor. Penalties include:

• Fines: Minimum $2,000 (minimum $4,000 if BAC was 0.15% or higher or a minor was in the vehicle)
• Jail/Prison: Mandatory 30 days if within 10 years of a prior conviction; up to 5 years in prison for felony DUI
• License suspension: Minimum 10 years if within 10 years of a prior conviction
• Vehicle impoundment: 90 days if within 10 years of a prior conviction
• Ignition interlock device: Mandatory for at least 2 years

Fourth and Subsequent DUI Offenses

A fourth or subsequent DUI is a third-degree felony regardless of when prior convictions occurred, punishable by up to 5 years in prison, permanent driver’s license revocation, and thousands of dollars in fines and fees.

DUI with Property Damage, Injury, or Death

DUI causing property damage or injury to another person is a first-degree misdemeanor punishable by up to one year in jail.

DUI causing serious bodily injury is a third-degree felony punishable by up to 5 years in prison.

DUI manslaughter (causing another person’s death) is a second-degree felony punishable by up to 15 years in prison, with a mandatory minimum 4-year prison sentence.

Will I Lose My License After a DUI in St. Petersburg?

Yes, a DUI arrest in Florida triggers two separate license suspension proceedings: an administrative suspension by the Florida DHSMV and a criminal suspension if you’re convicted.

Administrative Suspension

When you’re arrested for DUI, law enforcement confiscates your driver’s license and issues a 10-day temporary permit. Your license is automatically suspended on the 11th day after your arrest unless you request a formal review hearing within 10 days. The administrative suspension period is:

• First DUI refusal: 1-year suspension
• First DUI with breath or blood test: 6-month suspension
• Second or subsequent refusal: 18-month suspension
• Second or subsequent test failure: 1-year suspension

You have the right to challenge the administrative suspension at a formal review hearing. Winning at the hearing reinstates your license immediately. Even if you lose the hearing, requesting it delays the suspension and preserves your right to drive during the 30 to 60 days before the hearing occurs.

Criminal Suspension

If you’re convicted of DUI, the court imposes a separate license suspension as part of your sentence. Criminal suspension periods are listed in the penalty section above and run consecutively to any administrative suspension you’ve already served.

Criminal suspensions are longer and more difficult to challenge than administrative suspensions.

Hardship License

You might be eligible for a hardship license (Business Purposes Only license) after serving a minimum suspension period. Hardship licenses allow driving to work, school, medical appointments, and DUI school, but prohibit personal or recreational driving.

Eligibility requirements include:

• Completing DUI school
• Installing an ignition interlock device if required
• Paying reinstatement fees
• Demonstrating legitimate hardship

Your DUI attorney helps you apply for hardship licenses and navigate DHSMV requirements.

Can a St. Petersburg DUI Attorney Get My Charges Reduced or Dismissed?

Possibly. DUI charges may be reduced or dismissed when prosecutors cannot prove every element of the offense beyond a reasonable doubt or when law enforcement violated your constitutional rights. Common defenses that result in reduced charges or dismissals include:

Illegal Traffic Stop

If law enforcement lacked reasonable suspicion to pull you over, all evidence obtained after the stop (field sobriety tests, breath tests, statements) is inadmissible. Without this evidence, prosecutors cannot prove their case.

Improper Field Sobriety Test Administration

Field sobriety tests must follow standardized procedures established by the National Highway Traffic Safety Administration (NHTSA). Officers who provide incorrect instructions, conduct tests on uneven surfaces, or fail to account for medical conditions or footwear issues produce unreliable results that shouldn’t be admitted as evidence.

Breathalyzer Errors

Breath testing machines require regular calibration, maintenance, and proper operation by certified personnel. Machine malfunctions, operator errors, or failure to follow 20-minute observation periods before testing invalidate results.

Blood Test Contamination or Chain of Custody Problems

Blood samples must be collected by qualified medical personnel, stored properly, transported correctly, and analyzed by accredited laboratories following strict protocols. Any break in the chain of custody or failure to follow procedures compromises the reliability of blood test results.

Rising Blood Alcohol Defense

Your BAC continues to rise for 30 to 90 minutes after your last drink. If police stopped you shortly after you finished drinking, your BAC might have been below the legal limit while you were actually driving, even though it tested above the limit an hour later at the station.

Medical Conditions or Medications

Certain medical conditions, like acid reflux, diabetes, or hypoglycemia, affect breathalyzer results. Prescription medications containing alcohol or that cause impairment-like symptoms create false positives.

When these defenses apply, prosecutors often agree to reduce DUI charges to reckless driving under Florida Statute § 316.192, which carries lower penalties, no mandatory jail time, and shorter license suspensions. In cases with multiple defense issues, prosecutors sometimes dismiss charges entirely rather than risk losing at trial.

FAQ for DUI Charges in St. Petersburg

Should I Refuse the Breath Test in Florida?

Florida’s implied consent law requires you to submit to breath, blood, or urine testing if law enforcement has probable cause to believe you were driving under the influence. Refusing chemical testing results in automatic license suspension under Florida Statute § 316.1932. A second or subsequent refusal is a first-degree misdemeanor, punishable by up to one year in jail.

Is a DUI in Florida a Felony or Misdemeanor?

First and second DUI offenses in Florida are misdemeanors, while a third DUI within 10 years of a prior conviction, fourth and subsequent DUIs, DUI causing serious bodily injury, and DUI manslaughter are felonies. Felony DUI convictions result in prison sentences, permanent loss of voting and firearm rights, and more severe long-term consequences than misdemeanor convictions.

How Much Does a DUI Lawyer Cost in St. Petersburg, FL?

DUI attorney fees in St. Petersburg range depending on case complexity, whether a trial is necessary, and whether the charge involves accidents or injuries. Criminal defense consultations at Lopez Law Group are free.

Can I Drive During My DUI License Suspension in Florida?

You cannot legally drive during the first 30 days of most license suspensions unless you win your formal review hearing. After the initial 30-day hard suspension, you might be eligible for a hardship license that allows driving to work, school, medical appointments, and DUI school.

What Should I Do Immediately After a DUI Arrest in St. Petersburg?

After a DUI arrest, request a formal review hearing within 10 days to challenge your license suspension, avoid discussing your case with anyone except your attorney, and do not post about your arrest on social media. Contact Lopez Law Group immediately for a free consultation.

What happens if a driver under 21 gets a DUI in Florida?

Florida enforces a “Zero Tolerance” law for drivers younger than 21. If law enforcement stops an under-21 driver and measures a blood alcohol concentration (BAC) of 0.02% or higher, the driver faces an automatic 6-month administrative license suspension for a first offense. The state charges drivers with a BAC of 0.08% or higher with a standard DUI.

Can I seal or expunge a DUI conviction in Florida?

Florida law prevents you from sealing or expunging any criminal record that involves a DUI conviction, a DUI reduction to reckless driving, or any conviction resulting from a violation of chapter 316, part I, which includes reckless driving. If prosecutors dismiss your DUI charge or the court finds you not guilty, you may petition the court to expunge your record. That makes a DUI lawyer even more valuable.

DUI Arrest? Contact a Trusted St. Petersburg Attorney

SeanCarlo Lopez, St. Petersburg DUI Lawyer

A DUI charge in Florida creates immediate, serious consequences that affect your freedom, your license, your job, and your future. Florida’s harsh DUI penalties and Pinellas County’s aggressive prosecution make experienced legal representation essential to protecting your rights and minimizing the damage to your life.

Lopez Law Group offers free, confidential consultations for DUI and criminal defense matters in St. Petersburg, Bradenton, and throughout Pinellas and Manatee County. We challenge traffic stops, field sobriety tests, Breathalyzer results, and blood test procedures to identify weaknesses in the prosecution’s case. We negotiate with prosecutors to pursue reduced charges and alternative sentencing, and we prepare every case for trial so you have the strongest possible defense.

Call (727) 933-0015 to speak with a trusted St. Petersburg DUI lawyer. Your consultation is free, confidential, and available now.

Lopez Law Group – Office