What Is the Boater Freedom Act?

Probable Cause Requirement for Stops

Safety Equipment Violations Are Now Secondary Offenses

Florida Freedom Boater Decal

Ban on Local Gas-Powered Vessel Restrictions

Why This Law Matters for Florida Boaters

Fewer Random Boardings

More Predictable Enforcement

Peace of Mind with the New Decal

How This Law Impacts BUI Charges

Unlawful Stops Can Be Challenged

Safety Checks Can’t Be Used as a Pretext

New Legal Defenses Become Available

What Does “Probable Cause” Mean on the Water?

• Witness reckless operation (e.g., speeding, wake zone violations)
• Observe open containers or other signs of intoxication
• See evidence of fishing without a license or violating catch limits
• Respond to complaints or tips involving criminal behavior

The Role of the “Florida Freedom Boater” Decal

• Reducing the likelihood of safety-based stops
• Demonstrating proactive compliance with state rules
• Potentially supporting your defense if cited or arrested

What You Should Do If You’re Stopped

• Remain calm and respectful
• Ask the officer why you’re being stopped
• Don’t volunteer information beyond what’s required
• Never consent to a search unless legally required
• Contact an attorney as soon as possible if cited or arrested

Why Expert Legal Guidance Matters

We Know the Law Inside and Out

We Spot Violations in Procedure

We Handle These Cases Regularly

We’re Local

What Our Attorneys Can Do for You

• Review the entire stop from start to finish
• Challenge any unlawful searches or evidence
• Utilize SB 1388 to raise new constitutional defenses
• Negotiate to reduce or dismiss charges
• Represent you in court if necessary

Contact Us for a Free Consultation

• A free consultation to review your case
• Personal attention and a tailored defense strategy
• Clear communication every step of the way
• A strong legal advocate who knows Florida law

The post New Law Will Mean Greater Defenses to BUI Charges in Florida appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

As Florida criminal defense attorneys with extensive DUI and BUI defense experience, we have firsthand knowledge of how these legislative changes will impact defendants. The stakes are now higher than ever for those facing DUI charges in Florida.

Understanding Trenton’s Law and Its Background

Trenton Stewart’s life ended tragically at age 18 when a repeat DUI offender struck his vehicle in Tampa, Florida. The driver had multiple previous DUI convictions, yet received a relatively lenient sentence under the existing laws at the time.

The Stewart family channeled their grief into action. They partnered with state legislators to draft HB 687, known as “Trenton’s Law,” aimed at strengthening penalties for repeat DUI offenders who cause fatal accidents.

What Trenton’s Law Means for Florida DUI Charges —

While Trenton’s Law directly targets repeat DUI and BUI manslaughter offenses by elevating them from second-degree to first-degree felonies, it also reflects a broader trend: Florida is adopting a tougher stance on all forms of impaired driving, including standard DUI cases that don’t involve injury or death.

If you’re facing a DUI charge—even without a serious accident—this law still matters. It shapes how prosecutors, judges, and law enforcement approach DUI cases, especially if you have prior convictions.

How It Affects First-Time DUI Offenders

If this is your first DUI, you may assume the new law doesn’t apply to you—but that’s not the case. Trenton’s Law introduces a major change for first-time offenders who refuse chemical testing.

First-Time Refusal Is Now a Crime

One of the most significant updates is that refusing to submit to a breath or urine test during your first DUI stop is now a criminal offense. It’s classified as a second-degree misdemeanor, which means:

• Up to 60 days in jail
  
• Fines of up to $500
  

Previously, refusing a test only led to administrative penalties like a license suspension. Now, it can land you in handcuffs.

Legal experts call this one of the most dramatic shifts in Florida DUI enforcement in years. A first refusal now carries criminal consequences, even without any evidence of impaired driving beyond the officer’s suspicion. This reinforces the need to take any DUI stop seriously and to speak with an attorney immediately.

Harsher Tone for First-Time Charges

Even if you comply with testing and are charged with a standard DUI, prosecutors may still show less leniency, reflecting the law’s broader crackdown. As a result, first-time offenders are more likely to face:

• Stricter probation terms
  
• More aggressive plea negotiations
  
• Increased pressure to accept harsher penalties
  

The bottom line? A first offense is no longer treated lightly, and the long-term consequences of a conviction can escalate future penalties dramatically.

Repeat DUI Offenders Face Higher Risk — Even Without Manslaughter

For drivers with prior DUI convictions, the effects of Trenton’s Law are more direct. While the law technically applies to repeat DUI manslaughter cases, its presence is influencing how prosecutors treat repeat offenders across the board.

You might face:

• Harsher sentencing recommendations
  
• Stricter conditions for probation or house arrest
  
• Longer license suspensions
  
• Mandatory ignition interlock requirements
  
• Less willingness to negotiate favorable plea deals
  

Even without a fatality, a second or third DUI now puts you at significantly greater risk due to the legal environment shaped by Trenton’s Law.

Why Trenton’s Law Raises the Stakes for All DUI Defendants

Trenton’s Law has raised the bar for accountability in impaired driving cases. Its impact goes beyond the statute itself, setting a tone in Florida courtrooms. Judges and prosecutors are now more likely to:

• Re-examine a defendant’s history more aggressively
  
• Push for stronger penalties to deter repeat behavior
  
• Use the law to justify tighter sentencing in standard DUI cases
  

This legal shift means that prior offenses, even from years ago, may now carry heavier weight in sentencing.

The Bottom Line: You Need Strong Legal Representation

If you’ve been arrested for DUI in Florida, your next steps matter—especially if you have a prior on your record. The consequences under this stricter legal framework can escalate quickly.

A DUI defense attorney can:

• Review your prior DUI history
  
• Challenge the evidence and procedures used in your arrest
  
• Negotiate strategically under the new, tougher conditions
  
• Work to minimize the impact on your license, record, and livelihood

Why It’s Crucial to Act Now

Even if your current charge didn’t involve injury or death, Florida’s tougher DUI laws mean:

• A first conviction makes future charges much more dangerous
  
• A second or third DUI could now carry nearly felony-level consequences
  
• Prosecutors may be more aggressive from the start
  

If you’re charged, don’t assume it’s a minor issue. In the post-Trenton’s Law environment, every DUI charge is treated more seriously.

Navigating a Defense Under Trenton’s Law: Challenges and Considerations

Defending DUI cases under Trenton’s Law requires a sophisticated legal approach. The elevated first-degree felony classification creates complex challenges that demand experienced legal representation.

Our defense team analyzes several key aspects of each case:

• Field Sobriety Tests – We scrutinize proper administration and accuracy
• Blood Alcohol Testing – We examine the chain of custody and testing procedures
• Accident Scene Investigation – We review evidence collection methods
• Witness Statements – We assess credibility and consistency

Procedural errors remain a critical defense strategy. Law enforcement must follow strict protocols during:

• Traffic stops
• Arrest procedures
• Evidence handling
• Miranda rights

Early legal intervention is crucial after an arrest. Quick action allows us to:

• Preserve vital evidence
• Interview witnesses while memories are fresh
• Challenge license suspensions
• Begin building a strategic defense

The stakes are higher under Trenton’s Law. A skilled Florida criminal defense attorney can identify constitutional violations, challenge evidence reliability, and protect your rights throughout the legal process.

Our experience with similar cases helps us anticipate prosecution strategies and develop compelling counter-arguments. We understand the technical and procedural complexities unique to DUI cases in Florida.

The Role of a Florida Criminal Defense Attorney in Light of New DUI Legislation

A Florida criminal defense attorney’s expertise becomes critical under Trenton’s Law’s heightened penalties. Our legal team breaks down complex legal terminology into clear, actionable information. We help clients grasp how these changes affect their specific situation and potential outcomes.

The new legislation demands that attorneys possess:

• Deep understanding of updated DUI statutes
• Experience handling felony-level cases
• Knowledge of current sentencing guidelines
• Skill in evidence evaluation and challenge
• Proficiency in negotiation tactics

Each DUI case requires a unique defense approach. We analyze every detail – from arrest procedures to blood alcohol testing methods. This thorough examination helps identify potential weaknesses in the prosecution’s case.

Our attorneys develop personalized strategies considering:

• Client’s prior record
• Circumstances of arrest
• Available evidence
• Potential constitutional violations
• Witness credibility

The stakes are higher than ever with Trenton’s Law. A skilled Florida criminal defense attorney anticipates prosecution tactics and prepares robust counter-strategies. This proactive approach maximizes opportunities for charge reduction or case dismissal.

In light of these circumstances, it’s crucial to understand how to minimize the consequences of a DUI charge. Following the advice of our Florida criminal defense attorneys can significantly help in reducing the impact of such legal issues.

Why Expert Guidance from a Florida Criminal Defense Attorney Matters Now More Than Ever

Self-representation in DUI cases under Trenton’s Law creates significant risks. The enhanced penalties and complex legal framework demand a deep understanding of Florida criminal defense strategies. Inexperienced lawyers might miss crucial defense opportunities or fail to challenge evidence effectively.

A knowledgeable Florida criminal defense attorney brings essential advantages to your case:

• Strategic Case Analysis: We examine every detail of your arrest, from probable cause to testing procedures
• Evidence Evaluation: Our team identifies potential flaws in breath tests, field sobriety tests, and police procedures
• Negotiation Power: Years of experience dealing with prosecutors helps secure better plea deals
• Technical Expertise: Understanding of scientific evidence and testing protocols strengthens your defense

The stakes are higher with HB 687’s implementation. A skilled attorney protects your rights by:

• Challenging evidence collection methods
• Identifying constitutional violations
• Developing alternative sentencing options
• Building strong defense strategies based on case specifics

Our deep knowledge of Florida DUI laws enables us to anticipate prosecution tactics and prepare robust counter-strategies. Each case receives personalized attention to achieve the best possible outcome under these stricter penalties.

Contact Our Firm for a Free Consultation

Don’t let Trenton’s Law’s stricter penalties put your future at risk. Our experienced Florida criminal defense team offers a free initial consultation to discuss your DUI case.

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DUIs for Sleeping in Your Car in Florida

What Does ‘Actual Physical Control’ Mean?

Can and Should You ‘Sober Up’ in Your Car in Florida?

What Is the Florida ‘DUI’ Limit?

• If you have a blood alcohol content (BAC) or breath alcohol content of 0.08% or higher, you are considered under the influence.
• You may also be considered under the influence if your ‘normal faculties’ are impaired – even if your BAC is under the limit.
• For under 21 drivers, the BAC limit is just 0.02%.
• Commercial drivers of any age have a 0.04% BAC limit.

DUI Penalties in Florida for Sleeping in Your Car

Penalties for a First-Time DUI Offense

• Maximum of 6 to 9 months in jail
• Between $983-$2,000 in fines
• License suspension of up to 1 year
• A mandatory interlock ignition device for BAC above .15
• An ignition interlock breathalyzer device is installed on your motor vehicle.

Second and Third-Time DUI offenses

• Up to 1 year in jail
• $5,000 in fines
• License suspension for up to 10 years

Do You Have to Be in the Driver’s Seat for a Sleeping in the Car DUI?

How to Defend a Sleeping in the Car DUI in Florida

The Keys Weren’t Near You

You Take Medication That Makes Your Drowsy

You Were Protecting Yourself

You Were Parked on Private Property

Common Examples of ‘Actual Physical Control’ in Drunk Sleeping Cases:

• A man spends the night drinking in a bar. When he gets to his car, he realizes he is too drunk to drive safely, so spends the night in his driver’s seat. He left the keys in the ignition.
• A woman does her grocery shopping which includes the purchase of an alcoholic beverage. When she gets to her car, she drinks some before having a nap. The keys were in her hand.
• A man drinks wine at a restaurant while on vacation. He believes he’s safe to drive but after 10 minutes of traveling realizes he is drunk. He pulls over and falls asleep to ‘sober up’. The keys were in his wallet.

Contact a DUI Defense Attorney in Florida

Free Consultations

The post Can I Get a DUI if I’m Sleeping in My Car in Florida? appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

In this blog, we’ll explain the difference between an Underage Drinking DUI charge and a regular Underage drinking charge and how you can defend yourself.

What to Do If My Child Has Been Arrested for an Underage Drinking DUI in Pinellas County?

Contact a Criminal Defense Lawyer

Please contact our experienced Pinellas County Criminal Defense Lawyers today for a free consultation.

Our phone lines are open and waiting to help you get out of this mess. We regularly help young adults and teens who have gotten caught up in one-time mistakes, or misunderstandings. We can act quickly to get your charges reduced or dropped.

We have a very strong reputation in the Pinellas County courts and by taking the right steps, we can help you win some leniency to save your child’s future.

We take these cases very seriously, knowing that your child will not want their college education or employment chances ruined by an underage drinking arrest.

Save Your License

After any DUI arrest in Florida, the defendant’s driver’s license is immediately suspended. You have just 10 days to challenge this suspension and to gain a hardship license (for 42 days) which will allow you to travel for essential purposes, such as employment.

Read Related: How Does a DUI in Florida Affect My Job Or My Future?

Do Not Admit Fault or Plead Guilty

We advise your child to not make any incriminating statements or any posts on social media. We have seen cases of teens posting their arrests on social media, but the police may see this and spot incriminating evidence in the videos or statuses.

Recall What Happened

Ask your child to write down, in private, what happened. Doing this as soon as possible can preserve critical memories, such as if the police miscommunicated instructions or arrested your child unlawfully.

Underage Drinking DUI in Pinellas County Explained

Florida has a zero-tolerance policy for DUIs and that is especially true with underage DUIs.

For adults, the legal blood alcohol limit (BAC) is 0.08%. But for those aged under 21, it is 0.02%. However, the penalties become more severe if the BAC is above 0.08%.

You can also be arrested for a DUI if you’re deemed to be impaired. For example, if you are drunk or high from taking drugs earlier in the day then you can still be arrested for a DUI despite blowing less than 0.02% on the breathalyzer.

Penalties for an Underage Drinking DUI in Pinellas County

With a BAC of 0.02% or More

• A suspended license for 6 months (first-time offense)
• A suspended license for 1 year (second-time offense)
• Enrollment in an alcohol education program.

With a BAC of 0.08% or More

Underage drinking DUIs in Pinellas County with a BAC of 0.08% or more will face the same penalties as adult DUIs.

• Fines of between $500 to $1,000.
• A suspended license for between 180 days to 1 year.
• Impounded vehicle
• Incarceration in county jail for up to 6 months.
• 50 hours of community service.

Underage DUI Refusal

If a person under 21 refuses to perform a breathalyzer test, they may face:

• A suspended license for 1 year.
• A suspended license for 18 months (if the second or subsequent refusal).

Read Related: Can I Get a DUI if I’m Sleeping in My Car in Florida

Underage Drinking in Florida Explained

Alcohol is strictly forbidden for those under the age of 21 in Florida. There are two key laws to be aware of: ‘possession’ and ‘constructive possession’. These laws focus on the possession of alcoholic beverages.

Despite that, 33% of teenagers have drunk alcohol by the age of 15. At 18, it’s 60%

An alcoholic beverage is any container that contains alcohol, including:

• Beer
• Ale
• Malt liquor
• Malt beverage
• Win
• Distilled Spirits
• Mixed Drinks
• And more

Let’s explain those laws:

Actual Possession

It is illegal to possess an alcoholic beverage if aged under 21 in Florida.

Actual possession is when the alcohol is on the person or within reach (such as in your hand, bag or pocket).

Note: In Florida, a child cannot possess alcohol even if their parent authorizes them to do so.

Constructive Possession

Constructive Possession is slightly different. The under-21-year-old does not have to actually hold the drink. The defendant just needs to be in a place where the defendant knew the alcohol was in their presence and they had control of it (such as if their car had a trunk full of beer).

Constructive Possession requires the following three criteria to be met:

• Knowledge of the presence of alcohol
• Knowledge of alcohol’s illegal nature
• Control is exercised over the alcohol.

Penalties for an Underage Drinking Charge in Pinellas County

If charged with an underage drinking offense in Pinellas County, you may face:

1st Time Conviction

• 2nd-degree misdemeanor
• $500 fine
• 60 days jail time (or a 6-month probation period)
• 6-12 month licenses suspension

2nd Time Conviction

• 1st-degree misdemeanor
• $1,000 fine
• 1 year jail time (or 12-month probation period)
• 2-year license suspension

Potential Defenses to an Underage Drinking DUI in Pinellas County

There are various ways that our Criminal Defense Attorneys help defend underage drinking or underage drinking DUIs in Pinellas County. These include:

• You had a lack of knowledge the beverage was alcohol.
• The drugs you took were prescription drugs.
• The drink was actually non-alcoholic.
• You didn’t know the drink was near you.
• Your Miranda rights weren’t read to you.
• The police had no reasonable suspicion that you were committing a crime or traffic violation (such as they stopped your car for no reason).
• Entrapment (you were tricked into drinking or holding an alcoholic beverage).
• You were holding a drink for a friend.
• You didn’t perform a breathalyzer or sobriety test because you didn’t understand the instructions, or had a health issue that prevented it.
• The police didn’t have a search warrant or reason to enter the premises where you were arrested.

Taking Accountability

If your child was clearly drunk and the evidence is stacked against them, then all is not lost.

First-time DUI offenders in Pinellas County can use the Pinellas County D.R.O.P program to fast-track the system and reduce their charges to a Reckless Driving Charge.

Many judges will also give young people some leniency if they take accountability for their drinking problems. These judges see countless teens and young adults stand before them every year. If you can stand out from the rest, you might avoid a DUI charge.

For example, you can go to a reputable AA meeting or counselor before you even stand before the judge.

Pinellas County Underage Drinking Resources

• The Florida Department of Health in Pinellas County’s Substance Abuse Prevention Support
• Online treatment facility center finder
• FACE IT Program for 12-18 years old struggling with alcohol or drug problems.

Underage Drinking Defense Attorney in Pinellas County, FL

If your child has been arrested for a DUI or underage drinking charge in Pinellas County, our Florida criminal defense attorneys can help.

We will fight aggressively and fast to get your charges dropped or reduced to save your child’s future.

Free Consultations

Jesse Morse is a top-rated criminal defense attorney in Pinellas County. He is a lawyer at Battaglia, Ross, Dicus & McQuaid, P.A., one of Tampa Bay’s most prestigious law firms with the reputation and connections to make things happen.

Contact us today for a free consultation to get started or CALL +(197) 0232-0268

The post How to Defend an Underage Drinking DUI in Pinellas County appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

In Florida, you can get charged, convicted, and arrested for drug use while operating a golf cart. Even though golf carts are not technically considered “motor vehicles,” police can still arrest you for driving under the influence of drugs or alcohol. No matter where or how you get it, a DUI is a DUI, and there are consequences.

What Do Florida Laws Say About Golf Cart DUIs and Drugged Driving?

Under Florida Statutes § 316.003, golf carts are motor vehicles designed and made for operation on a golf course or for sporting and recreational purposes. Therefore, golf cart owners and operators have different requirements than car and truck operators.

For example, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) does not require golf carts to have registration or insurance. However, modified golf carts that meet the standards of being a “low-speed vehicle” require registration.

When it comes to a drug or alcohol DUI, golf cart drivers can face the same charges and consequences as regular car drivers.

When Can a Law Enforcement Officer Arrest You for a Golf Cart Violation?

A Florida law enforcement officer might approach you and can arrest if:

• They see you driving on an unauthorized road
• They witness your driving the golf car erratically or recklessly
• They see you violate traffic laws, such as an illegal turn
• If you are drinking or holding an alcoholic beverage while driving
• If they have any other probable cause to pull you over

If the law enforcement official had no valid reason to pull you over, your defense attorney could address this.

Upon pulling you over, the officer might ask you to take a field sobriety and breathalyzer tests. They might arrest you if you refuse to cooperate and take the test. Additionally, a law enforcement officer might arrest you for the following:

• Failing the field sobriety test
• Registering a blood alcohol concentration (BAC) of .08% or higher

What Are the Penalties for Conviction of Drugged

Driving on Golf Carts in Florida?

Florida golf cart operators can be convicted of drugged driving while under the influence of “harmful chemicals” or “controlled substances” (Fla. Stat. Ann §316.193.) The penalties for drugged driving are similar to drunk driving, but there are some key distinctions.

Florida defines a driver as “under the influence” if their normal faculties are impaired due to taking drugs. That means the drugs have impacted the driver’s mental or physical capacities. Furthermore, you can get charged and convicted of drugged driving in Florida. That includes driving while impaired or under the influence of marijuana, other recreational drugs, and even prescription drugs.

Penalties for drugged driving are similar to the penalties for driving under the influence of alcohol. The consequences can vary depending on the nature of your offense. However, here is a general guide for drugged driving penalties:

• First offense
  • Up to six months in jail
  • $500 to $1000 in fines
  • Minimum of 50 hours of community service
  • License suspension of 6 months to 1 year
• Second offense (within five years of first offense)
  • Ten days to 9 months of jail time
  • $1000 to $2000 min fines
  • License revocation of five years or more
• Third offense (within ten years of first offense)
  • 30 days to five years of jail time
  • $2000 to $5000 fines
  • Minimum of 10 years of license revocation

What Are Considered Harmful Chemicals and Controlled Substances Under Florida Law?

Florida’s drugged driving statute specifically references harmful chemicals and controlled substances.

Harmful chemicals include:

• nitrous oxide
• isopropyl alcohol
• and other chemicals (e.g., acetone, toluene, or other recreational drugs users inhale or “huff” to get high)

Controlled substances include:

• Cannabinoids (marijuana)
• Opiates (heroin)
• Opioids (fentanyl)
• Stimulant drugs and methamphetamines (cocaine)
• Hallucinogens (Psilocybin, LSD)
• Benzodiazepines (Xanax)
• Painkillers (OxyContin and Vicodin)

What Proof Does the Defense Need to Convict Me With a Golf Cart Drug DUI?

To convict someone of DUI or drugged driving, the prosecutor must show that the defendant or cart operator was under the influence of alcohol or drugs.

If alcohol or drugs were not physically present, drugged driving or DUI cases are very difficult to prove. That’s because there are so many other factors that can cause driver impairment. For example, the defendant could assert that their impaired driving was due to:

• Mental illness
• Depression, anxiety, or other mental health conditions
• Sickness
• Disease
• Sleep deprivation or fatigue
• Other natural causes

Driving Under the Influence of Recreational Drugs While Operating a Golf Cart

In Florida, if the prosecutor wants to convict you of drugged driving, they must show more than just drugs in your system. They must prove beyond a reasonable doubt that the driver was actually under the influence to the degree of being impaired and unable to safely operate a motor vehicle.

Driving Under the Influence of Prescription Drugs While Operating a Golf Cart

It’s also possible to get charged and convicted of drugged driving while using prescription or over-the-counter medications. If the substances impair your faculties so much that they limit your ability to drive, you can get charged.

While many people realize they can get convicted of drugged driving while under the influence of recreational drugs. However, you can also get charged and convicted for drugged driving under the influence of prescription drugs. That includes any prescription medication, even if taken as directed by your doctor. For example, if you take anxiety medication or allergy medication, that can significantly impair your ability to operate a motor vehicle.

Unreliable Testing Procedures Used by Law Enforcement in Florida

Often, the arresting officer lacks specialized training and is not a Drug Recognition Expert (DRE). Drug testing is not always 100% reliable and sometimes the police officer giving them is fallible too. But even so, the officer’s observations may be admissible in court.

However, a defense attorney might be able to help exclude certain pieces of evidence at trial. For example, if there was an admission of drug use, your attorney might be able to have that excluded from the trial.

Involuntary Intoxication Defense in a Drug DUI Case

Sometimes the defense can use the “involuntary intoxication defense.” This is usually used for drugged driving cases involving the legal use of medication where the driver accidentally ingested too much of the medicine. As a result, the defendant could argue that the medication unexpectedly affected them or affected them differently than they intended.

In such a case, if drug use is found to be “involuntary,” there is a Florida law that recognizes the “involuntary intoxication defense” (Carter v. State, 710 So.2d 110 (Florida 4th DCA 1998).

What Should I Do if I’ve Been Charged With Drugged Driving on a Golf Cart?

Drugged driving in Florida is classified as a criminal offense. Therefore, you can hire a Florida criminal defense lawyer to represent you. With the help of an experienced defense lawyer, you could reduce or dismiss the charges against you.

Your attorney can help you devise a winning defense strategy. They will discuss the ideal outcome for you and your unique case. Whatever the circumstances, your defense attorney will try to resolve your case to minimize harm to you and your reputation.

Contact a Florida Defense Attorney Today

You have options after getting arrested and charged with drugged driving while operating a golf cart in Florida. An experienced Florida DUI defense attorney can help spare you a conviction and criminal charges on your record. These are serious allegations that everyone deserves a chance to defend themselves against.

Contact us today for a free case evaluation.

The post Why You Need a Defense Lawyer for a Florida Golf Cart Drugged Driving Charge appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

Just like it’s illegal to operate a car while intoxicated, driving a golf cart while impaired is a criminal offense. That means in Florida, you can get arrested, charged, convicted, and sentenced for a golf cart DUI. In addition, anyone who consumes alcohol, smokes marijuana or takes drugs to the point of having impaired normal faculties could get a DUI.

Florida golf cart drivers should know that golf cart DUIs are becoming more prevalent. Moreover, law enforcement officers are no longer simply giving warnings; they are giving out DUIs. Here is an overview of golf cart DUIs and what to do if it happens to you.

Can I Really Get a DUI on a Golf Cart in Florida?

Yes, anyone can get a DUI on a golf cart in Florida. Florida Statute §316.193 states that drivers are not permitted to operate a vehicle under the influence of drugs or alcohol. If a person’s BAC is .08 or higher, they are subject to the same DUI laws and penalties as motor vehicle operators.

What Is the Definition of a “Vehicle” in Florida?

Florida Statute 316.193 defines a vehicle as “any device that can transport a person or property along a highway.” Consuming drugs or alcohol on any “vehicle” could result in a DUI. In Florida, “vehicles” are a broad definition that contains golf carts and other conveyances, including:

• ATVs
• Bicycles
• Lawn mowers
• Mopeds
• UTVs
• Mini-bikes
• Go-carts
• Four wheelers
• And Golf carts

Florida Golf Cart Regulations Are Cracking Down

As recreational golf cart use becomes more popular, golf cart violations are increasingly common too. As such, Florida is enforcing stricter golf cart regulations and enforcing penalties for any infractions.

Many counties in Florida are starting to follow suit with such regulations. For example, Martin County’s Sheriff’s department recently started enforcing new rules for golf cart drivers. They also launched a safety enforcement campaign to reduce golf cart violations and increase safety for community members. Locals in Martin County agree that there is a need for stricter orders regarding golf art use, especially for the safety of pedestrians on sidewalks. Another feature of the golf cart safety campaign is to encourage golf cart owners to add safety features to their carts, such as:

• Headlights
• Brake lights
• Turn signals
• Rearview mirrors
• And windshield wipers

Martin County is not the first to crack down on golf cart regulations. In September 2022, Okeechobee County Sheriff’s Office launched Operation Ride Right. After several community members complained about golf carts and four-wheelers on the street, their campaign came abouts. Unfortunately, several accidents resulted in severe injury and even death. Consequently, the Okeechobee Sheriff’s department stated that they were forced to stop the leniency on golf carts and other vehicles that committed civil or criminal infractions.

It can be frustrating for golf cart operators to receive a DUI, but in the end, it’s for public safety. What’s more, in the past, a drunk or drugged golf cart operator might have gotten off with a simple warning. But now, they can face fines, jail time, and have their golf carts towed away.

Is It Legal to Operate a Golf Cart on Pinellas County Streets?

It depends on whether or not the golf cart meets the requirements to qualify as a “low-speed vehicle” (LSV) or a “neighborhood electric vehicle” (NEV).

A golf cart that does not meet the specifications to be an LSV can only be operated in designated golf cart zones. However, people can drive LSVs and NEVs on any roadway with a speed limit under 35mph. They must also be registered to operate legally on the streets.

What Penalties Can I Face for a Florida Golf Cart DUI?

Depending on the circumstances of your violation, you could potentially face fines, jail times, and impoundment or immobilization of the vehicle. In addition, there are specific conditions for your release if you get arrested for a golf cart DUI. In essence, the consequences of a golf cart DUI in Florida are the same as a regular DUI.

Under Florida Statutes section 316.193, the DUI fine schedule is as follows:

• First offense: fine of $983
  • With BAC of .15 or above or a minor in the golf cart: $1518
• Second offense: $1518
  • With BAC of .15 or higher, or if there was a minor in the vehicle: $2558
• Third offense (within ten years of the second offense): $2558
  • With BAC .15 or if a minor was present: $4558
• Third offense (more than ten years after the second offense): $2558
  • With BAC of .15 or higher or a minor present in the golf cart:$4558
• Fourth offense and beyond: $3015

Can I Lose My License if I Get a Golf Cart DUI in Florida?

Yes, your license will be suspended if you get a golf cart DUI. The penalties for DUI are clearly outlined in Florida’s DUI Statute (Fla. Stat. §316.193). One of those penalties is license suspension.

If you are a first-time offender, your license will be suspended for 6 months if:

• Your BAC is over .08 while operating the golf cart

License suspension for first-time offenders is 1 year if:

• You refuse to take a breathalyzer test or urine test.

More People Are Getting Arrested for Golf Carts DUIs in Florida

With the growth of golf cart violations, Florida Sheriff’s Department, like Pinellas County, is starting to enforce stricter rules. As a result, more people are facing charges. Law enforcement officers know that if you’re driving a golf cart at night, there’s a high probability you’ve probably been drinking. DUI cases are pretty straightforward for police and sheriffs to prove.

Law enforcement officers can initiate a DUI investigation if there is evidence of alcohol or drug use. Likewise, if a golf cart operator commits a traffic violation or infraction, they can get pulled over. For instance, operating an unregistered golf cart is a common offense that we see nowadays.

Golf cart DUIs are most frequently the result of an accident, traffic violation, or complaint. And often community members who witness reckless horseplay or obvious drunk driving on a golf cart will call the police. If that’s the case, law enforcement will respond and arrive on the scene. They can then observe and make a call as to whether they need to launch a DUI investigation. In other cases, law enforcement might see a golf cart operator driving in an unauthorized area. That could prompt the officer to further investigate and find alcohol or drugs.

If a golf cart driver is clearly intoxicated or under the influence of drugs, the officer will almost always launch a DUI investigation. Such an investigation includes:

• The law enforcement officer’s observations and assessments
• Witness accounts
• An admission or statement from the golf cart operator
• Sobriety tests and breathalyzer tests

Contact a Florida Golf Cart DUI Lawyer Today

If you were arrested and charged with a golf cart DUI in Florida, our legal team is here to help you. We have the experience and the resources to create a winning defense strategy in your favor. While the legal repercussions for golf cart DUIs are becoming firmer, prosecutors still don’t consider such offenses as serious as regular vehicle DUIs.

We might be able to reduce your sentence and penalties or get your case dismissed altogether. Either way, we are in your corner, fighting to clear your name.

Contact us today for a free case evaluation. Then we can discuss your legal options and decide on the best next move.

The post Golf Cart Violations Are on the Rise in Florida, and So Are Golf Cart DUIs appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

Read on to find out how PharmChek works, the benefits, potential issues, how it compares, and to ankle monitoring and urine testing. We will also discuss the implications for future PharmChek use in Pinellas County courts and probation.

What Is Pharmchek?

PharmChek® is a drug-detecting sweat patch. It can detect:

• Marijuana
• Cocaine
• Opiates
• Amphetamine
• Methamphetamine
• PCP
• Fentanyl
• Oxycodone
• Oxymorphone
• Hydrocodone
• Hydromorphone

The patch can be worn on the skin for up to 10 days. It uses the person’s sweat as its sample source for drug detection during that time.

PharmChek® not only acts as a deterrent to drug use but has several other advantages such as:

• An increased window of detection compared to other testing methods.
• It is a substitute for harsher penalties.
• It detects the parent drug and drug metabolite.
• Flexible removal date
• Quick application and removal
• It eliminates the need for onsite urine tests.
• Anyone who needs drug screening can wear the patch during everyday activities.

Different Types of PharmChek® Analysis Panels

PharmChek® has three different analysis panels:

• The Standard Panel- Detects Methamphetamine, Amphetamine, Cocaine, Codeine, Morphine, Heroin, Marijuana, and PCP.
• The Expanded Opiate Panel- This kit includes the Standard panel and Hydromorphone, Hydrocodone, Oxymorphone, and Oxycodone detection.
• Add-on Fentanyl Panel- An additional add-on that you can add to the standard panel.

How Does the Sweat Patch Work?

The PharmChek® sweat patch works by capturing perspiration from the skin. The body excretes approximately 300-700ml of insensible sweat each day. PharmChek sweat patch is an absorbent pad with the capacity to absorb about 2ml per week.

The patch has a polyurethane film that acts as a semipermeable membrane, allowing small molecules to pass through the patch. This lets the skin breathe and stay sterile. However, while the patch allows small molecules like oxygen, carbon dioxide, and water vapor to pass, it traps large molecules. Thus, drug excretions will get trapped in the pad and be visible during lab analysis. In addition, the special membrane allows the user to wear the patch while swimming, bathing, or playing sports.

The patch is designed to be worn a minimum of one day and a maximum of 14 days before requiring a new one. Then, the patch gets sent to a lab for testing. The sample will undergo a screening test and a quality assurance review at the lab. First, the patch will undergo a bench-level screening. Then, a certification scientist reviews the results and conducts a final quality assurance review. If the scientist finds any discrepancies, the sample returns to the lab for re-testing.

Results are delivered online within 1-3 days.

Potential Issues With the Sweat Patch

Evidence of Tampering With Patches Is Obvious

According to a National Library of Medicine study suggests low dependability on patients with sweat patch testing.

The study found that only 54.3% (188 out of 536) of patients returned with the patch attached to their skin. However, this conclusion may have different implications for a defendant who has more at stake from tampering with the patch (rather than a patient in a clinical setting. Basically, if you try to alter or tamper the sweat patch in any way, this will be evident. Consequently, your patch will not be accepted as a valid means for screening.

Very Slight Potential for False Positives

Another study by the US Department of Justice reported findings that question the reliability of sweat patch results. The study notes that the current design of sweat patches could produce false positive results under certain conditions.

That’s because the patch could become contaminated from the presence of drugs on the skin’s exterior. Furthermore, any substances not removed by cleaning the skin could cause external contamination under the patch.

In addition, if an administrator applies the patch to a body part with hair or other obstructions to the adhesive, that can compromise the accuracy of sample collection.

Bottom line is to make sure your skin is cleaned and prepped correctly before applying the patch. Additionally, any attempt to tamper with the patch could potentially result in a false positive from external contamination.

How Does Parmcheck Compare to Ankle Monitoring Devices and Using Testing Methods?

Using a sweat patch would be an offender-paid program, like the ankle monitoring program. However, depending on the case circumstances, the sweat patch could be a more effective and affordable option for defendants.

What is a CAM (Continuous Ankle Monitor)?

A Continuous Ankle Monitor is a court-ordered device worn on the ankle. The court will order the offender to wear the ankle monitor for a set period as a term of probation or parole. Courts use ankle devices as an alternative to harsher penalties like incarceration.

In Florida, we often refer to ankle monitoring as community control. The Florida Department of Corrections supervises court-ordered GPS monitors and alcohol monitors.

While the most common uses for ankle monitors are DUI cases, courts sometimes use them for drug crimes, domestic violence, or other probation or parole instances. Defendants must wear them 24/7 and are not allowed to tamper with them. Tampering with the device usually leads to consequences, like jail time.

Disadvantages of Ankle Monitoring

Some have argued that the rules and restrictions with ankle monitors set them up for failure. For example, the devices are sensitive to contamination from all sorts of chemicals. Hand sanitizer and cleaning products are constant risks for false positives.

Ankle monitors can also be very pricey and consequently unaffordable. For example, there is usually a fee for installation (generally about $100 or more). Then, on top of that, they pay a daily monitoring fee of $10. That means monthly costs that continue to pile on.

In addition to the usage regulations and high costs, ankle monitors have another significant limitation. Unlike the sweat patch, there are no ankle divides that can detect drugs. They are only able to detect GPS location and alcohol.

The Pros and Cons of Urine Testing

Yet another method of drug testing in criminal cases is random urine testing. Urine testing has pros and cons, like ankle devices and sweat patches.

PharmChek Drug Patch Advantages Over Urine Testing and Ankle Devices

• PharmChek can stay on the body 24 hours a day, seven days a week, for up to 14 days. The patch will retain drug use anytime during wear until removed.
• The adhesive film of the patch makes it tamper-evident. Each patch also has a unique serial number that prevents fraud or tampering.
• Sweat patch users cannot dilute the sweat patch specimen like a urine test.
• Unlike urine testing, the patch can be a stronger deterrent to drug use since it is a visible reminder.
• The PharmChek patch is gender indifferent, eliminating the need for same-sex supervision as needed for urine testing.
• The patch can detect many drugs beyond alcohol, unlike the ankle device.
• PharmChek can detect the parent drug, whereas urine testing can only detect the metabolite.

Courts Using Sweat Patch

PharmChek has been upheld as a valid drug screening method in over 50 state and Federal Courts, including the 8th Circuit Court of Appeals.

The 2004 Florida Case, US v. Gregory Randall in the Northern District of Gainesville, Florida, also utilized PharmChek.

According to the Florida Safety Council, the Courts in the First Judicial Circuit have been using drug patches since December 2011. In addition, Judges of Duval and St. Johns County have also approved the use of patches for drug testing.

Pinellas County Alternative Sentencing and Pretrial Services

While Pinellas County courts are not yet using PharmChek, there is a possibility for future use in DUI programs. Pinellas County Sheriff’s Department’s Alternative Sentencing Unit will monitor any cases involving PharmChek.

The Pinellas County Sheriff’s Office’s Alternative Sentencing Unit supervises pre-arrest and pre-trial offenders and their court-ordered restrictions. Conditions include weekly communication or more intense levels of supervision, like drug testing or house arrest. In addition, the Alternative Sentencing Unit currently administers the following forms of sentencing:

• Adult Pre-Arrest Diversion (APAD)
• Continuous Alcohol Monitoring (CAM)
• Day Reporting
• GPS Monitoring
• Supervised Release on Recognizance (SROR)
• Supervised Bond

Contact a Florida Criminal Defense Attorney Today

If you are facing criminal charges in Pinellas County, you will likely have questions about the potential penalties that you face. These patches are new and will be highly scrutinized. There will likely be many defenses that can be employed. Contact us today for a free, no-obligation consultation.

The post PharmChek on the Way for Pinellas County DUI Cases? appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

The DUI Wolf Pack is dedicated to the memory of Deputy John R Kotfila Jr. with the Hillsborough County Sheriff’s Office, who was killed by a drunk driver on March 12, 2016. It aims to “reduce deaths, injuries and property damage associated with traffic crashes related to impaired driving,” according to the Pinellas County Sheriff’s Office.

Agencies involved in the operation also arrested three people on other misdemeanor charges, one person for a felony and four for driving while their license was suspended or revoked, according to the Pinellas County Sheriff’s Office.

Citations were given to 25 people driving without a license, four for not having car insurance and two for violations of driver’s license restrictions. Thirty-six speeding tickets were issued, as were citations for 30 non-moving violations and 46 moving violations.

Read the full article on Tampa Bay Times

The post Pinellas County ‘Wolf Pack’ Arrests 25 for DUI 4th of July Weekend appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

They also arrested two people on felonies, one on a misdemeanor and charged four for driving without a license.

In addition, officers issued 156 citations for speeding, having an open container, not wearing a seatbelt, not having insurance and other violations.

The event, dubbed “DUI Wolf Pack,” involved officers from nine agencies: the Pinellas County Sheriff’s Office, the Florida Highway Patrol and police departments in Indian Shores, Kenneth City, Largo, Pinellas Park, St. Petersburg, Clearwater and Tarpon Springs.

Read the full article on Tampa Bay Times

The post The Pinellas County ‘Wolf Pack’ Strikes Again, 28 Arrested for DUI appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

The “DUI wolf pack” will begin at 7 p.m. Saturday and last until 5 a.m. Sunday, according to a news release from the Pinellas County Sheriff’s Office on Friday.

“The operation is part of the Pinellas County Sheriff’s on-going commitment to reduce deaths, injuries and property damage associated with traffic crashes related to impaired driving,” the news release states. “The goal of the Wolf Pack is to educate people and create public awareness about the dangers of operating a motor vehicle while under the influence of alcohol and any chemical or controlled substances.”

The sheriff’s office often dedicates these operations to someone killed by an impaired driver, and this weekend’s effort is in memory of Sophie Delott, a 17-year-year Pinellas County girl who was hit and killed by an impaired driver on the Indian Rocks Causeway Bridge in 2019.

Read the full article on Tampa Bay Times
https://www.tampabay.com/news/pinellas/2022/05/27/pinellas-dui-wolf-pack-this-weekend-dedicated-to-teen-killed-by-impaired-driver/

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