If you receive a DUI (Driving Under the Influence) ticket in Pinellas County, Florida, you could face serious legal consequences.

Firstly, if you are arrested for a DUI, you may be taken to jail and booked. You will then be required to appear in court to answer to the charges.

If you are found guilty of a DUI in Pinellas County, the penalties can include:

1. Fines: You may be required to pay a fine ranging from $500 to $5,000, depending on the circumstances of your case.

2. License Suspension: Your driver's license may be suspended for a period of time. The length of the suspension will depend on the specific circumstances of your case, such as whether it is a first or subsequent offense.

3. Probation: You may be placed on probation for a period of time. This means that you will be required to comply with certain conditions, such as attending alcohol education classes or submitting to regular drug and alcohol testing.

4. Community Service: You may be required to perform community service for a certain number of hours.

5. Jail Time: You may be sentenced to serve time in jail, especially if it is a subsequent offense or if there are aggravating circumstances.

6. Ignition Interlock Device: You may be required to install an ignition interlock device in your vehicle. This device measures your blood alcohol concentration (BAC) and prevents your vehicle from starting if it detects that your BAC is over a certain limit.

It is important to remember that the penalties for a DUI in Pinellas County can vary depending on the specific circumstances of your case. Therefore, if you have been charged with a DUI, it is important to consult with an experienced criminal defense attorney who can advise you on your legal options and help you build a strong defense.

Information on DUI in Florida

Driving Under the Influence, DUI is an offense under Florida law.  The offense is proven by impairment of “normal faculties” or blood alchohol or breath alcohol level of .08 or above.  You hear the term DWI, driving under the influence, but in Florida driving while impaired is legally DUI.

Penalties for being charged with a DUI in Florida are based on the amount over the minimum .08 %, if there is a minor in the vehicle, number of previous convictions, if there is injury, or property damage.  Fines can range from $500 - $4,000.

For a first infraction the offender will serve a mandatory 50 hrs of community service.  However for a first offense the total period of probation and incarceration will not exceed on year.

Imprisonment is at the court’s discretion.  For a first conviction not more than 6 months unless the alcohol level is .15 % or higher or there was a minor in the vehicle.  Then the offender will not server more than 9 months.

Driver’s license suspension, revocation and reinstatement

On the first conviction your license can be suspended for 180 days up to one year.  During that time you can apply for a hardship license before the expiration of the revocation period.  DUI school completion or treatment for substance abuse may be required.

You can request reinstatement of your license after the revocation period with evidence of the treatment program and DUI school.  If you fail to complete the course or treatment within 90 days of the reinstatement it will result in the cancellation of your drivers license.

2nd, 3rd, 4th DUI convictions

Please visit the Florida Highway Safety and Motor Vehicle Website for more information on drivers’ license, DUI programs, and other frequently asked questions.

Do you need a lawyer if arrested for DUI in Florida?

Receiving a DYI conviction in Florida impacts more than just your driver’s license and pocket book.  Depending on the severity of the charges and number of times the conviction could be considered a misdemeanor or felony.  Regardless of the penalty the conviction will impact your ability to get car insurance or at the minimum raise the price of insurance.

The conviction goes on you record which is often checked for renting, buying a home, or when applying for a job.  With such long range potential impacts on your life engaging a lawyer up front to minimize the impact.

An experience criminal attorney can ensure you follow the court quidelines and time frames, and perhaps minimize the penalties.  The attorney can help apply for a hardship driver’s license and get it reistanted as soon as possible.

They can also work to help you get your record seal or expunged preventing issues with record checks later.  An experienced attorney can help you navigate the court and legal system.

Have questions?  

Call the Law Offices of Edward M. Panzica 24/7 at 727-588-0966 

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Couple placed in handcuffs while children removed from home

Knowing your parental rights can prevent potential issues with law enforcement.  A recent story on Apple News from Aurora, Colorado shows how bad things can happen with parental rights.  Loosing track of their child for a few minutes at a family picnic in a local park a passerby picked up the child and called the police.  The family got their child back but later a visit from the police and child services turn the experience into a nightmare.

This incident highlighted in the book "Torn Apart" by Dorothy Roberts talks about how the child welfare system destroys black families.  But it isn't just back family that need to understand their parental rights.  It is all of us parents in Florida.

If you're a parent—or you're about to become one—then it's essential that you know about your parental rights when it comes to the custody of the child. Whether you have a contentious relationship with the mother or father of your child, or you merely want to get informed on what's legal and what isn't when it comes to co-parenting, knowing your rights is a must. Florida is the 4th ranking state for divorce.

Parental rights in Florida are specific to the sunshine state. Things like custody agreements, child support payments, and the rights of individual parents may differ from those in other locations. To learn more about custody rights in Florida, read on now.

What to Know About Parental Rights in Florida

In a child custody case in Florida, the judge will always consider the child's best interests when deciding how the parents will share the time with their child. The child comes first in a custody case. The judge must base their decision first and foremost on what's best for the child.

You should know that Florida law does not give any preference to either mothers or fathers when deciding on matters of child custody. If you're involved in a custody case in Florida, you're not required to have a custody attorney. However, it's usually advised you get yourself one.

Can a Judge Terminate Parental Rights to Custody of the Child in Florida?

In Florida, there are several specific situations in which parental rights can be terminated. Rights can be terminated if and when a parent abandons their child. Under this scope, if the authorities can't locate a parent for over 60 days, they can have their rights terminated by the court.

If the parent of a child becomes incarcerated or if they threaten the wellbeing of the child, then their rights may also get taken away. If the child has been adjudicated as dependent and the parent isn't complying with the terms, rights may be terminated here also.

Another case that can result in the termination of parental rights can be terminated is when a parent executes a written surrender. In other words, the parent is willingly waiving their rights in this example. This most often comes as a result of an adoption.

The above circumstances notwithstanding, the state of Florida usually tries not to terminate the rights of either parent. This means that even if you're unmarried, you will have the right to see your child in all but a few extreme cases. Men will need to establish paternity before they're entitled to any rights, however.

Your Custody Attorney in Pinellas County, Florida

If you're looking for more information on parental rights in Florida, then it could be a good idea to hire the services of an experienced attorney with expertise in this area. In a contentious situation, the custody of the child isn't something you want to take any risks with.

Get in touch with the Law Offices of Edward M. Panzica today for expert advice on custody agreements and the laws on child custody in Florida.

Take a DUI breath test or not in Florida?

Florida Residents Already Agreed to Take a DUI Breath Test

2021 Florida Statute (1)(a)1.a.

A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.

The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages.

The administration of a breath test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327, he or she commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, in addition to any other penalties provided by law.

The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.

(And yes the previous very long sentences were directly quoted from the Florida Statues)

Is there any defense for failing or refusing a breathalyzer test in Florida?

There is always a defense and there are logical reasons for refusing to take the test. In Florida the statutes are written specifically difficult to refuse and put you at risk for loss or suspension of your drivers license and more severe penalties if you do refuse.  

In every case there is the chance to repeal the suspension of loss of drivers license.  

If it is your first offense you are facing a possible 12 month suspension.  But you may be able to get a restrictive hardship permit after 90 day period.  If it is the second occurrence refusing to take the test the officer can charge you with a first degree misdemeanor.

There are technical defenses for refusing to take the test.  Every circumstance is different.  The best defense is to contact a experienced criminal attorney at the first opportunity.

For failing the test indicating that your blood alcohol level is above the legal limit there are also defenses.  Many of the defenses are related to breathalyzer machines and procedures.

Do you have questions about taking a recent breathalyzer test?

If you have been stopped recently and have questions don't wait to contact an experienced attorney.  

Call Edward M. Panzica 727-588-0966 today.

How long do points stay on the driver's record in

Florida?

In Florida, the driver's license points for traffic violations stayed on your record for three years or 36 months.  Any additional violations resulting in points add to any points a driver already has on their record.

Each violation has a corresponding number of points assigned to it.  An example is, speeding adds three points to your record, while reckless driving adds 4. 

12 points in 12 months result in a 30-day suspension of your license.  24 points in 36 months result in a one-year suspension.  

Termination of driving privileges.

Your driver’s privileges can be terminated if you commit 15 violations or three major offenses in five years.  There are other reasons why your license can be revoked.  See the Official Driver License Handbook for additional information.

Minors have special rules on driver's license points in Florida.

Drivers under 18 years of age have their point system.  The points are the same, but if they receive more than six points in a year, their license is automatically restricted for one year!

During the day, they can continue to drive for business purposes only during the restriction.  Business purposes include work and school.

90 Days for each additional point?

Any additional points during the one-year period extend the restriction by 90 days per point! 

How can I keep points off of my driving record?

If you have received a traffic ticket, you have 30 days to respond to the court clerk in the county where you received the ticket.  

1. You can pay the ticket and avoid points by pledging to take a driver's improvement course within that period.  You can take the course once every 12 months or five times in your lifetime.  If you elect to take the basic driver improvement course, you must pay an election fee to the clerk of the court.

2. If you have too many points or have already taken the safe driving course, a second option is to go to court and fight the ticket.  This is a viable option for many reasons, since numerous variables involve the stop and ticketing for violations.  We recommend having a criminal attorney experienced in traffic violation defense represent you.

3. You can pay for the ticket, admit guilt, and accept the associated points.

Your choice should be based on your records, finances, and car insurance.  Consult with a traffic violation attorney if you have any doubts about your rights.

The Florida Department of Highway Safety sponsors an Online Traffic School. There are several schools to pick from, but you can find another popular traffic school here.

They have a 4-hour basic course, an 8-hour judge-ordered intermediate driver improvement course, and a 12-hour advanced driver improvement course.  They also have a 4-hour traffic law and substance education course.

The 4-hour traffic law and substance abuse course. (TLSAE)

There are situations where drivers may have to comply with a court in order to meet the requirements to apply for a hardship license after a license suspension if drugs or alcohol were involved in the traffic violation.

Learn more about the TLSAE course here.

Mature Driver Program in Florida

For Florida, the state of mature drivers, there is a driver's safety course for seniors.  The course may help reduce your auto insurance rates and is applicable for 3 years.  Check with your auto insurance company first for the specific dollar amount of the rate reduction.

How can I get a suspended driver's license reinstated after a DUI?

It is likely that if you've been stopped and arrested for DUI in Florida, your license will be suspended before your case is taken on by a judge or prosecutor.  

Learn more about the ten-day rule for the driver's license reinstatement for DUI.

What should I do if I get a traffic ticket?  Do I need a lawyer?

Before you decide on your course of action, we suggest contacting an experienced traffic violation defense attorney.  We all worry about costs, but a free consultation doesn't cost a dime.

An attorney can navigate the courts and ensure you have the best outcome possible.  The Law Offices of Edward M. Pazica have been defending people for more than 25 years in Pinellas County, Florida.

Termination of Parental Rights in Florida

The prospect of losing access to your child is a terrifying one, but it is the reality for dozens of parents across Pinellas County when an allegation of abuse is registered. Even if the allegation proves to be unfounded, it's vital to be aware of your rights and the process involved so that you have all the information you need to make the right decisions for you and your child. 

Detailed below is information on dependency proceedings, as well as an explanation of your parental rights as they relate to dependency law.

What is Dependency law and what is the process?

Dependency law is a body of legislation that relates to the rights of children and parents when allegations of abuse have been received by the DCF. If DCF believes your child to be at immediate risk, they can remove them from your home. 

Within 24-hours, DCF is required to present evidence as to why the child should remain outside the home to the court, at a Shelter hearing. If the judge agrees the child should remain away from home, the next step in the process is an Arraignment hearing.

At the Arraignment hearing, the parent may either admit the allegations, deny all the allegations and request an adjudication, or agree to a case plan, without an admission of guilt. Each of these courses of action has pros and cons - your legal advisor should provide you with the information you need to decide which option is going to be best.

How are Your Parental Rights Affected by Dependency Proceedings?

The state believes that, where possible, children should be raised by their parents. Where this isn't possible because parents aren't capable of providing a safe, nurturing environment for their child, the state will seek long-term, or permanent removal of the child, with a consequent diminution, and possibly termination, of parental rights.

If Dependency proceedings don't have a successful outcome, or if serious allegations are proven, a Termination of Parental Rights hearing (TPR hearing) will be scheduled. At the hearing, the judge will hear evidence from DCF, the parents' legal representative, and a number of professional witnesses. They will then decide whether to terminate parental rights. If this happens, the child will be permanently fostered or adopted.

In most cases, a TPR hearing is scheduled when parents haven't stuck to the case plan agreed during the Arraignment hearing.

Although the state emphasizes its commitment to keeping families together, this is often little reassurance to parents who are going through Dependency proceedings or facing a TPR hearing. 

What type of attorney do I need to represent me?

If you're experiencing these issues and are based in Pinellas County, FL, we strongly recommend seeking expert legal counsel to maximize the chances of getting the outcome you're aiming for. Edward Panzica is an experienced criminal attorney that specializes in Parental Rights and Dependency law in Largo, Clearwater, and Safety Harbor.

Law Offices of Edward M. Panzica provides seasoned legal assistance at all stages of Dependency proceedings. We favor a robust approach and are 100% committed to obtaining the best outcomes possible for every client. Get in touch to arrange an initial appointment.