DUI Cases in Pasco County
Whether you took a breath, blood, or urine test or refused to submit, call the DUI defense attorneys at the Sammis Law Firm to discuss your case. We have an office conveniently located in New Port Richey, directly across from the courthouse at the West Pasco Judicial Center.
Be sure to talk to an attorney about all of the reasons to demand a “formal review hearing” within the first 10 days after your arrest. Don’t waive your rights by seeking immediate reinstatement of hardship privileges until after you speak with an attorney about the pros and cons of each approach.
If you took the breath test at the Land O’Lakes Jail, you should be aware of problems with the alcohol testing program at the Pasco County Sheriff’s Office and the police departments in Dade City, New Port Richey, and Zephyrhills.
Many of the monthly inspections on the breath test instruments have failed. In some cases, the agency inspectors have violated the administrative rules. If the rules are not followed, then your attorney can file a motion to exclude the breath test reading at trial. When the court excludes evidence, the entire DUI case might be dismissed or reduced to a less serious charge.
If you were accused of refusing to submit to a breath test, blood test, or urine test, then your attorney can move to exclude that evidence from trial if the officer did read the implied consent warning or gave you affirmative misadvice.
After an arrest for DUI in Pasco County, FL, your case will be prosecuted at the courthouse in Dade City or New Port Richey. The four attorneys at the Sammis Law Firm are focused on criminal and DUI defense. We are experienced in fighting DUI cases throughout Pasco County, FL, and the surrounding areas.
Attorney for a DUI in Pasco County, FL
Contact us to schedule an appointment at our office conveniently located at 7509 Little Road, New Port Richey, FL, 34654, directly across from the courthouse.
The decisions that you make in the first few days after your arrest may have a tremendous impact on how your case is ultimately resolved. Just because you were arrested for DUI does NOT mean that you will be convicted.
The best result in these cases is getting the prosecutor to drop the charges or getting the court to dismiss the charges. You might also be able to avoid a DUI conviction if the charge is reduced to reckless or careless driving. Only by speaking directly with an experienced attorney can you learn about defenses that might apply to your case.
Contact an experienced criminal defense lawyer for DUI defense in New Port Richey and Dade City for a first DUI or a second DUI arrest. Discuss your case directly with an attorney during a free and confidential consultation.
Let us put our experience to work for you. Call 727-807-6392 today.
Uncovering Police Misconduct in Pasco County, FL
To learn more, watch a quick video showing how one of our attorneys, Jason Sammis, uncovered evidence of police misconduct at a DUI checkpoint in Pasco County, FL, which led to the dismissal of a charge of DUI.
Protecting Your Driver’s License to Drive after a DUI
After your arrest, you have just ten (10) days to file a demand for a “formal review hearing” with the Bureau of Administrative Review (BAR) of the Florida Department of Highway Safety and Motor Vehicles (DHSMV). After an arrest in Pasco County, the demand must be filed at the Bureau of Administrative Reviews Office in Clearwater, FL.
It is important to have an experienced DUI attorney represent you at the formal review hearing to protect your driver’s license. If you do not file for a formal review hearing within ten (10) days, then you will suffer a hard suspension for either 30 days (if your BAC was over .08) or 90 days (if you refused to submit to a BAC test).
Although you can seek immediate reinstatement of your hardship driving privileges to avoid the hard suspension, doing so requires you to WAIVE your rights and stipulate to the DUI for administrative purposes.
That notation on your driving record that you were found to be DUI for administrative purposes will stay on your driving record for 75 years. For this reason, we ALWAYS recommend that our clients let us demand their formal review hearing within the first ten (10) days after the arrest.
Deciding whether to waive all your rights or request a FORMAL review hearing is one of the most important decisions you will make in the case.
If your attorney files for the formal review hearing and your license is otherwise valid, then you will be issued a 42-day driving permit so that you can continue to drive for hardship purposes while your attorney fights to invalidate the administrative suspension.
The formal review hearing is one of the most critical stages of your DUI case in Pasco County, FL, because it allows your DUI attorney to question each of the state’s witnesses against you under oath.
We can subpoena the officer that conducted the traffic stop, the officer that conducted the roadside agility exercises, any backup officer at the scene, the breath test technician, and the agency inspector that maintains the breathalyzer machines used in Pasco County, FL.
The evidence gathered at the formal review hearing might also play an important role in fighting the criminal charges. A transcript from that formal review hearing can be used to impeach the witnesses if they change their story at a hearing or trial in the criminal case. The transcript might also help your attorney convince the prosecutor in the criminal case to reduce the charges.
Fight the Criminal DUI Charge in Pasco County, FL
Not only must you fight the DUI case with the DMV, but you must also answer the criminal charges at the Pasco County Courthouse in either Dade City or New Port Richey, Florida. Your attorney can attend court on your behalf.
Your attorney may be able to file motions to suppress evidence or motions to dismiss the DUI charges on your behalf.
In many of these case, after the arrest, the subject is taken to the jail at the Pasco County Sheriff’s Office in 20101 Central Blvd, Land O’ Lakes, FL 34637. The Pasco County Sheriff’s Office has five (5) breath test machines called the Intoxilyzer 8000.
A different serial number identifies each machine. The following breathalyzer machines are registered the Pasco County Sheriff’s Office:
The breath testing program in Pasco County has serious problems. In fact, in 2015, the Pasco County has used three different agency inspectors. In 2017, the agency inspector changed again from Cpl. Adam D. Cinelli to Sgt. Art Rowland. After Sgt. Rowland took over as the agency inspector in July of 2017, the problems with keeping the machines in compliance continued. The current agency inspector is Barry Nixon who started doing the agency inspections in December of 2017.
We previously caught the agency inspectors in Pasco County backspacing and intentionally deleting error warning messages that occurred during monthly agency inspections. Other problems resulted in the machines not be in compliance with the administrative rules.
The deletion of error messages is a major problem because the agency inspector is required to report the results of the test to FDLE. Judges, prosecutors, and defense attorneys rely on seeing those error messages in order to understand whether the machine was working properly. Error messages can include:
- Int Det
- RFI Detect
- Control Outside Tolerance
- AF/MA (alcohol free/mouth alcohol)
- Ambient Fail
The attorneys at the Sammis Law Firm are filing and litigating motions attacking breath test readings taken at the time that the Intoxilyzer 8000 was not in substantial compliance with the administrative rules.
At the Sammis Law Firm, we take DUI breath test cases very seriously. We conduct an audit on the particular breath test machine used in your case. We can show you the log login records, the annual inspection, monthly inspections, repair records, and other subject tests. Before deciding how to resolve your case, you should understand any problems with the breath test machine used in your case.
We are familiar with the tactics used by the DUI enforcement officers in Pasco County.
If the problems are serious, your attorney can file a motion to exclude the breath test results from the trial because of a lack of substantial compliance with the rules. Even if that motion is denied and the jury sees the results, your attorney can show all of the problems with the way monthly inspections were being conducted.
Call us to discuss any DUI breath test in Pasco County, including a breath test case being prosecuted at the courthouse in New Port Richey or Dade City, FL.
Refusal to Submit to Alcohol Testing in Pasco County, FL
If you accept the privilege of operating a motor vehicle in Florida, then you are deemed to have given your consent to submit to an approved test of the alcohol content of his or her blood, breath, or urine as provided in Section 316.1932(1)(a)1.a., F.S.
The Department of Motor Vehicles will administratively suspend a person’s driving privileges for one (1) year after the first refusal of alcohol testing as provided in Section 322.2615(1)(b)1.a., F.S.
Within ten (10) days of the arrest, you should demand a formal review hearing to contest the administrative suspension. At the hearing, your attorney can subpoena any of the witnesses listed in the documents including the stop office, the arresting officer, and any backup officer.
At the hearing, your attorney can contest whether the test was request incidental to a lawful arrest and administered at the request of a law enforcement officer who has a reasonable belief such person was driving a motor vehicle while under the influence of alcoholic beverages or controlled substances. Your DUI attorney can also contest whether you were read the implied consent warning and actually refused to submit.
Evidence gained during the formal review hearing can also be used to fight your DUI refusal case in Pasco County at the courthouse in New Port Richey or Dade City, FL.
Penalties for a Second Refusal to Submit to Testing
The second refusal to submit to a lawfully requested test will result in an administrative suspension as well as criminal charges.
A second refusal occurs when a person’s driving privileges were suspended for a prior refusal, and the person then refuses to submit to an alcohol test for a second time as provided in Section 316.1939(1)(c), F.S.
For the administrative suspension, the driver’s license can be suspended by the DHMSV for 18 months. For this reason, it is particularly important to contest the administrative suspension by demanding the formal review hearing within ten (10) day.
In addition to the DUI charge, the second refusal can result in an additional charge for a first degree misdemeanor charge, punishable by up to 1 year in jail and $1,000 fine.
Pasco County Sheriff’s Office General Order 61.8 for DUI Investigations
General Order 61.8 (effective July 31, 2006) was issued by the Pasco County Sheriff’s Office to establish guidelines for conducting the driving under the influence (DUI) investigations.
These standard operating procedures apply to all law enforcement deputies with the Pasco County Sheriff’s Office who perform DUI investigations, testing, arrests, and administrative license suspension duties. Those duties MUST be performed in accordance with these rules.
The Pasco Sheriff’s Office trains its officers to look for certain indicators when investigating possible DUI cases. The officers are trained to look for certain vehicle maneuvers that may indicate alcohol intoxication or impairment after using drugs including:
- Turning with a wide radius;
- Straddling the center line or lane markers;
- Near collisions;
- Weaving, swerving or drifting on the roadway;
- Driving off the roadway;
- Driving into the oncoming traffic lane;
- Traveling more than 10 mph below the posted speed limit;
- Stopping on the roadway without cause;
- Following too closely;
- Braking erratically;
- Signaling inconsistent with driving paters;
- Slow response to traffic signals;
- Sudden or illegal turns;
- Rapid deceleration or acceleration; and
- Driving without headlights after dark.
After a traffic stop is conducted, law enforcement officers in Pasco County are trained to make certain observations while performing traffic stops. Officers will observe whether the driver pulled over safely and immediately and whether he or she gave any explanation for the observed difficulty driving. The officer will request the driver’s license, insurance card and vehicle registration.
During the initial observation, the DUI enforcement officer is trained to look for the following clues of impairment:
- Bloodshot eyes, slurred speech, crying;
- Irrational behavior or belligerence;
- Disheveled or soiled clothing;
- Inability to operate windows and/or doors, or lack of dexterity and inability to find ID;
- The odor of an alcoholic beverage or marijuana.
The PCSO officer will also look for contraband within plain view including open containers of an alcoholic beverage, legal or illegal controlled substances, or drug paraphernalia. The officer is also trained to document any pre-Miranda questions or admissions that can be used to assist the officer in finding reasonable suspicion of impairment.
The Bond Amount for Driving and Boating under the Influence in Pasco County
For DUI and BUI crimes with Property Damage as a 1st or 2nd offense under §316.193(3)(c)1, or §327.35(3)(c)1, Fla. Stat., the low bond amount is $250, the high bond amount is $1,000 and the recommended bond amount is $500.
For DUI or BUI with Property Damage or as a 3rd offense under §316.193(3)(c)1, or §327.35(3)(c)1, Fla. Stat., the low bond amount is $500, the high bond amount is $1,000, and the recommended bond amount is $1,000.
Exceptions to these bond amounts apply for the following:
- DUI or BUI with No Property Damage as a 1st or 2nd offense under §316.193(2)(a) or §327.35(2)(a); or
- DUI or BUI with No Property Damage as a 3rd offense under §316.193(2)(a) or §327.35(2)(a), Fla. Stat.
After an arrest for DUI, Florida law requires the defendant is to be held in jail until the person’s blood-alcohol level or breath is below 0.05 or eight (8) hours have elapsed from the time the person was arrested.
List of DUI Immobilization Agencies in Pasco County, FL
The Office of Paula S. O’Neil, the Clerk & Comptroller in Pasco County, Florida, publishes a list of immobilization agencies that were last revised on October 30, 2015. The list of immobilization agencies was approved pursuant to Florida Statute Section 316.193(13) including:
- A-1 Recovery, Inc. 727-934-0025
- (ADI) Auto DUI Immobilization 813-961-3733
- EZ Vehicle Immobilization 813-220-4515
- Susan Harris Impound Services 813-971-3733
- AA Action Advocates 813-661-1020
- Florida DUI Immobilization, LLC 727-235-8560
- D.E. Morrow Enterprises 866-797-6432
- Stone’s Immobilization 813-598-8442
- Reds Auto Body & Marine 727-846-9097
- AAA American Immobilization 813-300-4280
- 50dollars-DUI-immobilization.com 888-554-9384
- Walden Financials, Inc. 727-644-4103
Pasco County DUI School – If you required to enroll in and complete DUI school in order to get your driver’s license reinstated after an administrative suspension or a court-ordered suspension, then you must enroll in the county where you live, work, or attend school. The DUI school in Pasco County is known as Pride Integrated Services, Inc., with locations in New Port Richey and Zephyrhills.New Port Richey DUI School with Pride Integrated Services, Inc.
7619 Little Road, Suite 350
New Port Richey, FL 34654
(727) 847-3411 Zephyrhills DUI School with Pride Integrated Services, Inc.
5014 Mission Square
Pasco County Sheriff’s Office DUI Enforcement Unit – Read more about the Wolf Packs and Selective Traffic Enforcement Patrol Unit (called “STEP”) for the Pasco County Sheriff’s Office. STEP is made up of six deputies and a sergeant who look for suspected drunk drivers. STEP focuses patrol efforts near high crash intersections as determined by traffic statistician. STEP and the Motor Unit and Patrol Operations use Strategic Traffic Accident Reduction Tactics (called “START”) to find locations to target. The website provides a list of law enforcement activities in Pasco County including scheduled sobriety checkpoints, aggressive driving enforcement, and DUI saturation patrols.
New Port Richey Police Department – In 2009, the New Port Richey Police Department made 1,154 DUI arrests. Most of the arrests were made by patrol officers. The breath testing program of the NPRPD uses an Intoxilyzer 8000 with serial number 80-001064. The current agency inspector for the breath test machine in New Port Richey is Patrol Bureau Sergeant Jason S. Engel.
Port Richey Police Department – Law enforcement officers with the Port Richey Police Department take part in special DUI Wolf Pack details as well as other city and countywide traffic enforcement efforts. The Port Richey Police Department takes an aggressive approach towards D.U.I. traffic enforcement. Several of the officers received training in the operation of the only breath test instrument (breathalyzer) used in Florida, known as the Intoxilyzer 8000. DUI enforcement officers in Port Richey, FL, have also received training in Road Side Sobriety Testing and Radar/Laser Operation. In 2010, the department had its first officer trained as a Drug Recognition Expert. In 2009, the police department issued 4,547 traffic citations with 58 of those citations were for D.U.I.
Zephyrhills Police Department – Read more about the Uniform Patrol Section and Operations Division for DUI investigations in Zephyrhills, Florida. The alcohol breath testing program in the Zephyrhills Police Department uses the Intoxilyzer 8000 with serial number 80-001076. Sgt. Nathan Gardner is the agency inspector.
Dade City Police Department – Ray Velboom, Chief of the Dade City Police Department, represents 24 sworn officers and more than 16 civilian employees for the county seat of Pasco County, FL. The Intoxilyzer 8000 machines used by the Dade City Police Department includes the Intoxilyzer 8000 with serial number 80-001073 and 80-005477. The current agency inspector is Officer Dean Baldwin.
Finding a DUI Lawyer in Pasco County, FL
Florida law provides for two alternative theories for proving DUI offenses under 316.193(1)(a), (b):
- Driving while one’s normal faculties are impaired which is often called the “impairment theory” which can be proven by;
- Evidence showing impairment of normal faculties; or
- Presumption of impairment for a breath/blood alcohol reading above .08.
- Driving with a blood or breath alcohol level of 0.08 or higher which is often called the “DUBAL,” a strict liability offense. See Cardenas v. State, 867 So.2d 384 (Fla. 2004).
- The court in Euceda v. State, 711 So.2d 122 (Fla. 3d DCA 1998), explained that although the jury must be unanimous on finding that the Defendant committed the offense of DUI but not whether it was because of impairment or for driving in excess of .08.
After an arrest for DUI under either theory in Pasco County, contact an experienced criminal defense attorney at the Sammis Law Firm. We fight charges of driving under the influence of alcohol or drugs throughout the county. Whether your case is being prosecuted at the courthouse in New Port Richey or Dade City, we can help.
From our offices in New Port Richey, our attorneys represent clients after an arrest for DUI by one of the five (5) law enforcement agencies in Pasco County including:
- Pasco Sheriff’s Office
- Dade City Police Department
- New Port Richey Police Department
- Port Richey Police Department
- Zephyrhills Police Department
We represent clients after a breath test, blood test, urine test, or refusal to submit to testing. The penalties are more serious you were involved in a crash that caused property damage or personal injury.
Our attorneys focus on drunk driving defense in New Port Richey and Dade City. We provide free consultations over the phone or in the office to discuss the case.
This article was last updated on Friday, February 1, 2019.