Michael Mastrogiovanni brings more than 20 years of experience, and your first consultation is free.
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A night out on Clearwater Beach or in the Cleveland Street District can end in a DUI arrest before you have had time to take in what happened. If Clearwater Police or the Pinellas County Sheriff's Office arrested you, the most important thing to know is that you have 10 days to challenge your driver's license suspension. Those are calendar days, and weekends count.
Attorney Michael Mastrogiovanni started his career at the 6th Circuit State Attorney's Office, the same office that will prosecute your Clearwater DUI, and he has defended DUI cases in Pinellas County courtrooms for more than 20 years. Our office is minutes from the Pinellas County Justice Center on 49th Street, and we know how DUI cases are actually resolved here.
Whether you blew over .08 or refused the breath test, your license was probably taken on the spot. We file the DMV challenge right away, and clients often have a temporary license the same day. We also use the administrative hearing to lock in testimony that can help your criminal case later. Checkpoints and patrols concentrate along Gulf-to-Bay, US 19, and the beach causeways, and where and how you were stopped is often the first thing we challenge.
A DUI arrest starts two cases, and each one leaves its own record. The DMV handles your license: if the administrative suspension stands, it stays on your driving record for 75 years. The court handles the criminal charge: a DUI conviction stays on your criminal record permanently, because Florida does not allow a DUI conviction to be sealed or expunged. Winning one case does not settle the other, so we work on both from the first day. A 3rd DUI within 10 years of a prior conviction, or a 4th DUI at any time, is charged as a felony, and a felony DUI can mean a maximum of 5 years in prison and probation from 1 up to 5 years, among other sanctions.
DUI outcomes depend on details, such as the reason for the stop, how the field sobriety exercises were run on uneven pavement, and whether the breath machine was properly maintained. As a former prosecutor, Michael knows what the State's file will look like before we see it. Many Clearwater clients resolve their cases without appearing in court. When a reduction to reckless driving is the right outcome, we will tell you plainly that it is a reduction.
No jail
Pinellas County felony DUI arrest for a fourth DUI, punishable by up to 5 years in prison. After several months of negotiation, the case was resolved with no jail, treatment, and minimum DUI sanctions.
No conviction
DUI arrest after the client was found passed out behind the wheel at the entrance of a busy gas station. After several months of litigation, and presenting details that were not available during the initial investigation, the State agreed to amend the charge to reckless driving with no conviction.
Every case is different. Past results do not guarantee, warrant, or predict the outcome of your case; results depend on the unique facts and legal circumstances of each matter.
From our Clearwater office, we take DUI cases in Pinellas, Pasco, and Hernando counties, and in Hillsborough County case by case. Around Clearwater, that includes:
DUI Defense nearby: Tampa · Safety Harbor · All areas we serve
Reach out any time for a free, no-obligation consultation, by phone or right here online.
