Our client was arrested for Felony DUI and Resisting Arrest Without Violence in St. Petersburg, Florida. Another driver observed him driving poorly and our client ended up backed into another vehicle in a parking lot. He fled the scene, but police located him nearby. He performed poorly on the field sobriety tests and the St. Petersburg Police Department arrested him for Driving Under the Influence (DUI). As he was being arrested, he braced and tensed and was charged with resisting arrest, a misdemeanor. After he was arrested, he provided a breath sample of .259/.266, over three times the legal limit of .08.
The Criminal Case:
Because he had two prior DUI convictions, and one was only several years ago, this DUI qualified as a felony DUI which comes with a mandatory 30 day jail sentence. Because his prior DUI was so recent and his blow was so high, oftentimes the prosecutor seeks even more jail time. Knowing this, after we were brought on we worked hard to do everything we could so that our client could avoid jail time. We advised that he complete DUI school, a Victim Impact Panel, and 30 days of inpatient treatment, which can take the place of the 30 day jail sentence. We also had our client wear a Continuous Alcohol Monitor (CAM) to demonstrate his sobriety.
The Plea Deal:
Because of the mitigation we were able to provide and our client’s hard work, we were able to persuade the State Attorney’s Office to come off jail time completely. As a result, our client only had to complete probation.