What Happens After a DUI Arrest in Pinellas County

Step 1: Arrest, testing, and the license

An officer who arrests a driver for DUI asks for a breath test, and in some situations a urine or blood test. If the result is 0.08 or higher, or the driver refuses, section 322.2615, Florida Statutes requires the officer to take the driver license and issue a notice of suspension. A driver who is otherwise eligible to drive also gets a temporary permit that lasts 10 days.

That notice starts the deadline explained in the 10-day rule after a Florida DUI arrest. Refusing a test has its own consequences, covered in can you refuse a breath test in Florida?

Step 2: Booking and the hold

Booking takes place at the Pinellas County Jail in Clearwater, which is run by the Sheriff’s Office. A DUI arrest comes with a hold that other arrests do not have. Under section 316.193(9), Florida Statutes, a person arrested for DUI may not be released from custody until one of three things is true:

• the person is no longer under the influence to the extent that their normal faculties are impaired;
• the person’s blood- or breath-alcohol level is less than 0.05; or
• 8 hours have passed since the arrest.

Step 3: Release or first appearance

After the hold, release depends on the statewide bond schedule or on a judge. Anyone still in custody is brought before a judge within 24 hours of the arrest for a first appearance, where the judge reviews probable cause, addresses the right to a lawyer, and sets conditions of release. No plea is entered at that hearing. Some people may not be released until a judge sees them, including a person arrested three or more times in the previous six months. See bail, bond, and release in Pinellas County.

Step 4: The charge and the court

The arrest paperwork is not the formal charge. A prosecutor in the Office of the State Attorney for the Sixth Judicial Circuit decides what to file. A DUI that is punished at the misdemeanor level is heard in county court, and in Pinellas County that court sits at the Pinellas County Justice Center, 14250 49th Street North in Clearwater. A DUI charged as a felony, for example a third DUI within 10 years or a DUI involving serious bodily injury, goes to circuit court in the same building.

At arraignment the charge is read and a plea is entered. A defendant’s lawyer may file a written plea of not guilty at or before arraignment, which waives the hearing. Pretrial hearings follow.

Step 5: Deadlines that come early

D.R.O.P. is the State Attorney’s program for first-time misdemeanor DUI cases. It has published criteria, a $50 application fee, and conditions that must be finished before the charge is amended.

Who to contact for what

• Custody status and bond: the Pinellas County Sheriff’s Office.
• Court dates and the case file: the Pinellas County Clerk of the Circuit Court.
• The driver license: the Florida Department of Highway Safety and Motor Vehicles, not the court.
• D.R.O.P.: the Office of the State Attorney.
• A court-appointed lawyer: the Office of the Public Defender, through the court.

Common questions

Can someone bond out right after a DUI arrest?

Not until the hold in section 316.193 ends. After that, release depends on the bond schedule or on a judge at first appearance.

Does the court decide what happens to the license?

Only partly. The suspension that begins at arrest is administrative and is reviewed by the state agency. A separate revocation follows a DUI conviction in court. See Florida DUI license suspension.

What are the penalties for a first conviction?

See first DUI in Florida and our main guide to DUI in Florida.

When to speak with an attorney

The 10-day deadline and the D.R.O.P. window both arrive before most people have had time to learn the process. A licensed Florida attorney can explain the options for a specific case. A person who cannot afford a lawyer can ask the court to appoint the public defender. More guides are on the DUI and Traffic Crimes and Pinellas County topic pages.