Jail Avoided on DUI After Prosecutor’s Request for 10 days

By |2022-06-02T15:28:20-04:00June 2nd, 2022|Categories: Success Stories|

Background:

Our client was previously charged with DUI in 2017 and had the case reduced to a reckless driving. Fast forward to 2022, she was arrested again for DUI and refused the intoxilyzer. She was charged with DUI and Refusal to Submit.

Facts:

Our client was coming home from work where she stayed late with a coworker and had a few drinks. She had her running lights on, but not her headlights. The police officer saw this issue and pulled her over. He smelled alcohol and had her perform the field sobriety tests. She did not do well on the tests, was arrested, and refused to blow. She hired us to defend her.

The Case:

We had no choice but to work out a plea deal given the video evidence of her impairment. Although this was technically a first time DUI sentence, there was also a misdemeanor for refusing to blow. The prosecutor wanted our client to serve 10 days in the Pinellas County Jail for that. He said that she needed to learn her lesson because she hadn’t after her first DUI arrest in 2017.

We had our client do as many conditions as possible in advance. She did DUI school, the Victim Impact Panel, signed up for counseling, enrolled in nursing school, and stayed sober. I pitched her hard work to the judge and he agreed to waive the jail time.

While 10 days in jail does not sound like much time, when you are the one serving the jail time, it is a big deal. Our client was very relieved that she didn’t have to go to jail.

Sean McQuaid