If you or a loved one are facing DUI charges, it is vital to understand that law enforcement must follow strict constitutional procedures. A recent case, State of Florida v. Mark A. Waszak, highlights a critical legal boundary: the difference between a valid investigatory stop and an unlawful detention. As a Board Certified Criminal Trial Lawyer, I have spent decades helping individuals navigate the complexities of these Florida DUI defense cases.

The Background of the Case

In this Lake County, Florida case, law enforcement received a report of a van driving erratically. An officer observed the vehicle crossing the “fog line” twice and initiated a traffic stop, citing reasonable suspicion of impaired driving. While the court agreed that the initial stop was lawful, the subsequent events were problematic. After stopping the vehicle, the officer did not begin a DUI investigation. Instead, they waited for a specialized DUI unit to arrive. The defendant was detained for nearly 15 minutes before any investigation into the alleged DUI even began.Why the Motion to Suppress Was Granted

The defense argued that this delay constituted an unreasonable detention. The court analyzed the situation and made a pivotal distinction:

• Valid Stop: The officer had “founded suspicion” to stop the vehicle based on the tip and their own observations of the driver crossing the fog line.
• Unlawful Detention: While the initial stop was valid, the court ruled that the detention was unconstitutional because the officer failed to begin the investigation immediately. Forcing the defendant to wait for a specific DUI unit without initiating the investigation created an unlawful detention.

Ultimately, the court granted the Defendant’s Amended Motion to Suppress Unlawfully Obtained Evidence, ruling that the detention exceeded the scope of a standard traffic stop. You can learn more about how I evaluate these types of investigations on my About Me page.Protecting Your Rights

This case serves as a reminder that police interactions must be reasonable in scope and duration. If you are worried about what happened during your arrest, or if you are facing a first-time DUI charge, it is essential to examine whether the police followed constitutional protocols during the stop and subsequent detention. If your rights were violated, you may have grounds to suppress evidence.

I invite you to review my full list of practice areas to see how my approach to strategic case preparation can work for you. If you are ready to speak with me directly about your situation, please contact me through my secure online page to schedule a consultation.—–

Full Text of the Order: State of Florida v. Mark A. Waszak

STATE OF FLORIDA, v. MARK A. WASZAK, Defendant.
Circuit Court, 5th Judicial Circuit in and for Lake County.
Case No. 2017-CE-2410. July 12, 2018. Mark A. Nacke, Judge.

ORDER ON DEFENDANT’S AMENDED MOTION TO SUPPRESS UNLAWFULLY OBTAINED EVIDENCE

THIS CAUSE having come before this Court pursuant to the Defendant’s Amended Motion to Suppress Unlawfully Obtained Evidence and the Court having heard the testimony of witnesses and argument of counsel, finds as follows:

On June 24, 2017, the Lake County Sheriff’s Department received a call from a motorist that a white service van had veered into oncoming traffic almost causing an accident. Deputy Holcomb was in the area and located a vehicle matching that description. Deputy Holcomb got behind the vehicle and followed it a short distance. On two occasions, Deputy Holcomb observed the vehicle veer toward the shoulder of the road crossing the white “fog” line. Deputy Holcomb, was suspicious that the driver could be under the influence and he stopped the vehicle. The Defendant was the driver and the only occupant of the vehicle. Deputy Holcomb interacted with the Defendant and noticed that his speech and movements were unusually slow, however, Deputy Holcomb did not notice an odor of alcohol. When asked to step out of the vehicle the Defendant was so unsteady on his feet that Deputy Holcomb had him sit on the bumper of the van. The Sheriff’s Department DUI unit was asked to respond to the location where the Defendant was stopped. Corporal Chessher, of the DUI unit, testified that she arrived at the location in a little less than 15 minutes after the request. Nothing was done concerning the investigation of the DUI until Corporal Chessher arrived. Corporal Chessher was informed of the situation and made contact with the Defendant. After performing some field sobriety exercises the Defendant was arrested for DUI and taken to the Lake County Jail. The Defendant took a breath test for alcohol with negative results. The Defendant refused to provide a urine sample.

The Defendant argues that all the evidenced should be suppressed because Deputy Holcomb had no probable cause or reasonable suspicion to stop the Defendant and that he was unreasonably detained while waiting for the DUI unit to arrive.

In State v. Carina, 506 So.2d 495 (Fla. 5th DCA 1987), a law enforcement officer followed the vehicle driven by Mr. Carrillo and observed the vehicle, more than five times, weave from one side of his lane to the other touching the lane boundary lines, but not leaving his lane. Although, not a violation of the traffic laws, it did give the officer a “founded suspicion” that Mr. Carrillo was driving under the influence and a legal basis for an investigatory stop.

In this case, considering the caller; Deputy Holcomb finding a vehicle matching the description the caller gave; and Deputy Holcomb observing the Defendant’s vehicle, on two occasions, within a short period of time, veer toward the shoulder of the road crossing the “fog line,” Deputy Holcomb had a founded or reasonable suspicion that the Defendant was operating his vehicle while under the influence. Deputy Holcomb’s stop was a valid investigatory stop, however, the detention of the Defendant while waiting for Corporal Chessher to arrive without beginning an investigation is an unlawful detention.

It is therefore, ORDERED AND ADJUDGED that the Defendant’s Amended Motion to Suppress Unlawfully Obtained Evidence is granted based upon the illegal detention.

Understanding Automatic License Plate Recognition (ALPR) and Traffic Stops

Automatic License Plate Recognition systems and Automated law enforcement tools have transformed how police monitor public roadways. Among these, Automatic License Plate Recognition (ALPR)—sometimes referred to as License Plate Recognition Systems (LPRS)—plays a pivotal role in modern policing. For drivers navigating Florida roads, understanding how these video systems operate is essential.

If you are facing traffic or criminal charges resulting from an automated traffic stop, professional guidance can make all the difference. Learn more about tech-based defense strategies by visiting our bio page.

Florida Automatic License Plate Recognition Attorney

Were you stopped or arrested in Tampa following an automated camera alert? Technical glitches, optical character recognition errors, or database lag can compromise the validity of a stop. Discover how our legal team can help analyze your case details by exploring our background overview.

How License Plate Recognition Systems Function

ALPR technology relies on high-speed, computer-controlled camera systems equipped with optical character recognition (OCR) software. These cameras capture digital images of license plates—known as tag detections—and instantly compare them against automated databases to find matches or “tag alerts”.

To dive deeper into how these systems capture and process data, review the detailed insights at Automatic License Plate Readers ALPR Video. Furthermore, a comprehensive breakdown of technical terms and Florida guidelines can be found at License Plate Recognition Systems.

Core Components of LPRS Technology

Comparative Analysis: Traditional vs. Automated Stops

Frequently Asked Questions (Q&A)

Call Tampa Bay Automatic License Plate Recognition Attorney

Navigating an arrest and the complexities of automated police surveillance and traffic stops requires specialized legal insight. Do not let technology dictate your future without a thorough defense. Get in touch with Tampa expert Casey Ebsary today through our contact page.

A DUI arrest in the Tampa Bay area is more than a simple traffic ticket; it is a life-altering event that initiates a complex series of legal, administrative, and scientific challenges. For those facing these charges, the path forward is often obscured by confusing terminology and high-stakes deadlines. This guide is designed to serve as a comprehensive roadmap, synthesizing decades of legal expertise into a single, actionable resource.

A Legacy of Specialized Information: The Evolution of Our Resources

The digital landscape of Florida DUI defense has evolved significantly over the last two decades. Long before the streamlined efficiency of dui2go.com, my practice utilized duitampabay.com as the primary educational hub for Florida drivers.

duitampabay.com was established with a singular mission: to provide a transparent look into the “black box” of DUI prosecution. It served as a repository for deep-dive technical documents and procedural guides that were otherwise difficult for the public to access. As our practice expanded and digital standards shifted, the focus moved to the more mobile-responsive and user-friendly architecture of dui2go.com, but the core knowledge base remains rooted in that early work.

Domain History and Longevity

The depth of resources available today is built on a quarter-century of digital advocacy and case archiving:

• duitampabay.com: This domain was registered in 2000. As of 2026, the site is 26 years old, representing one of the oldest and most established digital resources for DUI defense in the Tampa Bay area.
• dui2go.com: Registered in 2010, this site is now 16 years old. It was designed to modernize the delivery of legal defense information, offering specialized tools like breath alcohol calculators and video walkthroughs of the court process.

For those conducting historical research or looking for the foundational logic behind Florida’s current DUI statutes, several key pages from that legacy archive remain essential touchstones:

• DUIFLA_DUI_Florida/Typical-Florida-DUI-What-Happened-To-Car.html: A detailed breakdown of the immediate logistics following an arrest, focusing on vehicle impoundment protocols.
• Qualifications.htm: An overview of the board-certified expertise and former prosecutor perspective that informs our current defense strategies.
• DUIFLA_DUI_Florida/Florida-DUI-Breath-Test.html: An early analysis of the Intoxilyzer technology that set the stage for our modern technical challenges.

I. The Dual-Track System: Administrative vs. Criminal

In Florida, a DUI arrest triggers two completely separate cases that run on parallel tracks. Success in one does not automatically guarantee success in the other.

1. The Administrative Track (DHSMV)

This track is managed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). It deals exclusively with your driver’s license.

• The 10-Day Rule: From the moment of your arrest, you have exactly 10 days to request a “Formal Review Hearing.” If you fail to act within this window, your license suspension becomes automatic and much harder to contest.
• The Goal: To invalidate the suspension or secure a hardship permit (Business Purpose Only) that allows you to maintain your livelihood.

2. The Criminal Track (Court System)

This track is managed by the State Attorney’s Office and the judicial system. It deals with criminal penalties, including fines, probation, and potential incarceration.

• The Goal: To seek a dismissal, a reduction of charges (such as to “Reckless Driving”), or an acquittal at trial.

II. Technical Defense: The Science of the Breath Test

Florida currently utilizes the Intoxilyzer 8000 as its evidentiary breath-testing instrument. While the state presents these results as infallible, they are subject to numerous mechanical and procedural errors.

Table 1: Common Technical Challenges

III. 2026 Florida DUI Statutory Penalties

The penalties for a DUI conviction in Florida are strictly governed by Florida Statute § 316.193. These are mandatory minimums.

Table 2: Mandatory Minimum Penalties (Standard First and Second Offenses)

IV. Frequently Asked Questions (Q&A)

1. Can I refuse a roadside breath test? In Florida, you can refuse, but under “Implied Consent,” a first refusal results in a 1-year license suspension.
2. What is “Actual Physical Control”? You don’t have to be driving to be arrested. If you are in the driver’s seat with the keys, you are in “control.”
3. Does a DUI conviction ever go away? No. In Florida, a DUI conviction cannot be sealed or expunged; it remains for 75 years.
4. What if I have GERD or Acid Reflux? GERD is a recognized factor that can cause “mouth alcohol” to contaminate a sample, though I cannot state with 100% certainty how a specific judge will rule.
5. What is the “10-Day Rule”? It is the strict deadline to challenge your license suspension with the DHSMV.
6. Can a DUI be reduced? Yes, often to “Reckless Driving” via negotiation.
7. Do I have to do the roadside “gymnastics”? No, these exercises are voluntary in Florida.
8. Will I go to jail? For a first offense with no crash, many receive probation instead of jail, though I cannot guarantee results with 100% certainty.
9. What is an Ignition Interlock? A breath-testing device wired to your car. Mandatory for second offenses and high-BAC first offenses.
10. How long does the court case take? Most Florida DUI cases are resolved within 4 to 9 months.

Conclusion: Take Control of Your Defense

A DUI arrest is a high-pressure situation, but it is not the end of the road. By understanding the legacy of defense strategies that began with duitampabay.com and have been refined at dui2go.com, you can approach your case with the technical and legal clarity required for a successful outcome.

Contact Information:

• Bio: Learn more about William Frederick Ebsary, Jr.
• Consultation: Request a Case Evaluation

Florida Driver’s License Suspension Hearings. First of all, here is the Bureau of Administrative Reviews located in Clearwater, Florida. Most noteworthy, the office handles license suspension hearings for Pinellas, Pasco, and Hernando Counties. Florida suspends licenses for a number of reasons. Furthermore, drivers regain driving privileges here after being charged with a DUI in Clearwater. Also, drivers can also obtain a Business Purposes Only license here.

Finally, is your License Suspended? Call Casey at (813) 222-2220.

Let us help you 813.222.2220

DUI Information for Clearwater, Florida

Driving Under the Influence (DUI) laws and penalties vary by state and even within different jurisdictions within a state. Here is some general information about DUI laws in Florida, including Clearwater. However, keep in mind that laws may have changed, and it’s essential to consult with a legal professional for the most current advice.

Penalties for DUI in Florida:

• Administrative Penalties:
  • License suspension: Immediate suspension of the driver’s license upon failing or refusing a breath test.
  • Ignition Interlock Device (IID): Installation of an IID may be required, especially for subsequent offenses.
• Criminal Penalties:
  • Fines: Monetary penalties that increase with subsequent offenses.
  • Jail time: Mandatory imprisonment, especially for repeat offenses.
  • Probation: Supervised probation with conditions such as alcohol education or treatment.
  • Community service: Required hours of community service.
• Vehicle Impoundment: The vehicle used in the commission of the DUI offense may be impounded.
• Court-Ordered Programs:
  • DUI School: Completion of a state-approved DUI education program.
  • Substance Abuse Treatment: Required for individuals with substance abuse issues.
• Permanent Record: A DUI conviction becomes a part of the driver’s permanent record.
• Enhanced Penalties for Aggravating Factors:
  • Higher BAC levels may result in enhanced penalties.
  • DUI with property damage or injury can lead to more severe consequences.

It’s crucial to consult with an attorney if you are facing DUI charges. They can provide advice tailored to your specific situation and help navigate the legal process. Additionally, laws may have changed since my last update, so checking the latest statutes and regulations is essential for accurate information.

Facing DUI Charges in Clearwater, Florida?

Discover your options and protect your rights with our experienced DUI defense attorney.

Contact us now for a free consultation: 813-222-2220

Types of DUI Charges in Clearwater, Florida

What Happens When You Get Arrested for DUI?

When arrested for DUI, two processes kick in: criminal court proceedings and administrative actions such as license suspension.

The criminal charge leads to a court date, potentially involving penalties like jail time, probation, or community service. Simultaneously, the police officer may suspend your license immediately.

It’s crucial to understand the distinction between the criminal and administrative processes — they are unrelated and do not affect each other.

Administrative Suspension

If arrested with a BAC over .08, your license is suspended for six months. For first-time offenders, options include a formal review hearing or enrolling in DUI school for a hardship permit.

Choosing a hardship license means the .08 suspension stays on your record, impacting insurance costs and job prospects even if the criminal case is won or dismissed.

Requesting a DHSMV formal review hearing triggers a short hardship permit, with a hearing scheduled within 30 days. Winning the hearing lifts the suspension; losing leads to a  “no-drive” period, followed by a hardship permit if enrolled in DUI school.

Florida DUI  Table of Penalties

When facing DUI charges, thorough evaluation and understanding of the case are essential. We specialize in various DUI defense topics, including drug-related accusations, felony DUI, DUI manslaughter, and more.

Contact us for a free consultation to discuss the specifics of your case and receive expert guidance.

Why Choose Us for Clearwater DUI Defense?

Decades of experience, a background in the state attorney’s office, and a commitment to your defense set us apart. Our skilled team is dedicated to providing top-notch representation.

Call us for a free consultation: 813-222-2220

Let us help you 813.222.2220

Types of DUI Charges in Clearwater, FL

Understanding the specific DUI charge is crucial, as penalties vary based on factors like prior offenses, BAC levels, injuries, property damage, and age.

• First time DUI: No prior offenses, no aggravating factors.
• Multiple DUI: Prior convictions, potential felony charges.

• Boating Under the Influence (BUI): DUI laws apply to boating; legal limit is .08%.

Regardless of the charge, consulting a Clearwater DUI attorney is crucial. Contact us at 813-222-2220 for a free consultation and comprehensive legal assistance.

The Law on Misdemeanor DUI in Clearwater, Florida

Under Florida law, a misdemeanor DUI applies when an individual is driving or in physical control of a vehicle while impaired by alcohol, chemical substances, or controlled substances.

Regardless of the substance involved, impairment of normal faculties results in a misdemeanor DUI charge, which can have serious consequences on personal and professional life.

Free Consultation for Your DUI Case

Our consultations are free, confidential, and crucial for your DUI defense. Schedule within 10 days to avoid missing essential decisions.

Call 813-222-2220 now to discuss your case with our experienced DUI defense attorney.

Additional Information

Driving under the influence (DUI) is a serious offense in Florida, with severe consequences based on case specifics. For first-time offenders, the misdemeanor charge might seem less severe, but it can significantly impact your life.

Prosecution often has substantial evidence, affecting case outcomes. Hiring an experienced DUI defense lawyer is crucial to building a strong defense and navigating legal complexities.

If you’re looking for a top law firm to fight your DUI case in Clearwater, Casey the Lawyer is here for you. Contact us today for a free consultation and let us fight your DUI charges together.

Don’t hesitate to reach out. Call Casey the Lawyer at 813-222-2220 for a free consultation and expert guidance in Clearwater, Florida.

Mandatory Field Sobriety Testing Imposed in Clearwater, Florida

Before 2014, the attending officer had discretion in giving the roadside field sobriety tests (FST). Furthermore, these FST are usually “failed.” Early on January 23, 2014, two Clearwater DUI cops found the DUI driver was a fellow officer. They decided to give him a ride home with no FST. The public found out on April 29, 2014, when the Tampa Bay Times reported it. As a result, Clearwater police Chief Tony Holloway created a policy so this won’t happen again. Now almost everyone, not just suspects with a hint of alcohol on their breath can expect a run-around that almost always ends in DUI in Clearwater. 

It seems like a minor punishment that these cops received 1-5 days of work suspension. But this is a major punishment for citizens. Now, most will “fail” these roadside “tests.” Later, they pass a breath test or are not guilty. Finally, here are some of the names mentioned: Sergeant Sean Allaster, Officer Nicholas Capogna, and Seargent David Young. Thank you all for your service.

Clearwater Police FST Policy

The Clearwater Police Department requires EVERY officer to conduct roadside field sobriety tests EVERY time they suspect an intoxicated driver. If you need a lawyer’s help, call (813} 222-2220.

Lawyer Reports on Clearwater Police Department DUI Unit

Clearwater DUI Attorney reports that the Clearwater Police Department DUI Team is using “slick top”, video-equipped, mostly Ford Crown Victoria, marked police cruisers. Since the cars have no visible overhead emergency lights, they are harder to spot as cop cars. Also, the police primarily patrol high volume roads throughout the city for aggressive and impaired drivers. Due to the high number of DUI in Clearwater charged, all five (5) of the officers on the team have been recognized by Mothers Against Drunk Driving for their aggressive enforcement of drunk driving laws. W.F. ”Casey Ebsary, Jr., a Board Certified Criminal Trial Lawyer from Tampa is available at 877-793-9290 to assist in defending against aggressive enforcement of traffic laws.

Clearwater Sobriety Checkpoint

Police held a DUI Checkpoint on Dec 22 in Clearwater, FL in the area of Ulmerton Rd & Starkey Rd

We Have Previously Reported:

Pinellas DUI Attorney notes a Clearwater Sobriety Checkpoint Friday, October 19, 10 pm to Saturday, October 20, 3 am, at the National Aviation Academy, 6225 Ulmerton Road in Clearwater. Also, this is the first time we have seen this location used to look for DUI in Clearwater.

Pinellas DUI Checkpoint 3655 Tampa Road Oldsmar, Florida | Sep 28, 2012

Largo DUI Checkpoint |  Jul 29
Pinellas Deputies and Largo Police To Conduct a Sobriety Checkpoint In Pinellas County in Largo. Deputies will conduct a DUI checkpoint tonight. Also, the Pinellas County Sheriff’s Office has zero-tolerance for driving intoxicated from drinking or drugs.
Pinellas DUI Checkpoint | Feb 19
Since there is a DUI checkpoint there will be many people charged with DUI. Also, there will be arrests driving without a valid license and driving with a suspended or revoked license.
Pinellas Holiday DUI Checkpoint |  Dec 07
In an effort to reduce DUI related injuries and save lives this Holiday season, Pinellas County deputies will conduct four DUI checkpoints over the next two weekends. The sobriety checkpoints will be conducted at multiple locations.

Let us help you 813.222.2220

Refusal of a Breath Test

Below is video from inside a jail. There a cop is administering Florida’s Implied Consent warning, This warning is given prior to requesting a suspect to take a breath test on an Intoxilyzer breath machine.

Breath Test Refusal Update

What do police officers do when arrested for DUI and asked to take a breath test or perform Field Sobriety Exercises?

We have again found out what cops do when arrested for DUI. Here is an update from a 2016 article. “In the 2016 arrest report, a Pinellas sheriff’s deputy wrote that Green’s eyes appeared “glossy” and his balance unsteady. He refused to submit to a field sobriety test or a Breathalyzer test to measure his blood alcohol-level.”

In the past ten years, this topic is of interest to many of our viewers.  The breath test is voluntary if the arresting officer properly informs suspects of their options. One court ruled that where the cop misinformed a DUI suspect that he would be eligible for a hardship license if he submitted to a breath test. The cop also told him he would not be eligible if he refused the test.

Due to misinformation, it could not be proven that suspect’s decision to submit to the test was not influenced by misinformation; the state has failed to prove that submission to test was voluntary. Tthe test results were not allowed in the proceeding. Source: FLW Supp 1703Perd

Refusal of a Breath Test

One DUI defense may come from the implied consent law. The implied consent law says that by driving you have agreed to chemical tests to determine alcohol or drug content. Sometimes police don’t give suspects their options properly. In Florida law, refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. Let’s go behind the scenes and into an interrogation room at a local jail where a DUI cop is informing the suspect of his options.
Florida Law Requires. “The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible as evidence in any criminal proceeding.” 316.1932 (1)(a)1.a. (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.)