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What Happens After a DUI Arrest in Hillsborough County

After your arrest, you will:

• Be booked into jail and possibly held until bond is posted or conditions are met

• Receive a court date at the George Edgecomb Courthouse in downtown Tampa

• Face an automatic driver’s license suspension if action is not taken

• Be evaluated for pretrial release programs or DUI school eligibility

Knowing what to expect early can make a difference in your outcome.

Learn what to expect after an arrest in Tampa, Florida.

Protect Your Driver’s License — Time is Running Out

After a DUI arrest in Florida, you have only 10 days to request a formal hearing to save your license. Missing this deadline can lead to automatic suspension — even before your court case is resolved.

Do not wait.
Learn how to protect your driving privileges and fight your suspension today.

Potential DUI Penalties in Tampa, Florida

The penalties for a DUI conviction depend on your history, BAC level, and case circumstances:

• First DUI: Up to 6 months in jail, $500–$1,000 fine, 6–12 month license suspension

• Second DUI (within 5 years): Mandatory jail time, ignition interlock device, 5-year license suspension

• Third DUI (within 10 years): Felony charge, up to 5 years in prison

• DUI with Injury or Death: Felony DUI, mandatory prison sentences

In addition, DUI convictions result in:

• Mandatory DUI school and substance abuse evaluations

• Vehicle impoundment

• Probation terms

• Higher insurance premiums

Full breakdown of penalties here: Penalties for DUI in Tampa, Florida.

DUI Manslaughter Charges in Florida

Driving under the influence (DUI) accidents that result in death are prosecuted harshly under Florida law. If you are charged with DUI manslaughter in Hillsborough County, you are facing one of the most serious offenses in the Florida criminal code.

Under Florida Statute 316.193(3)(c)(3), DUI manslaughter is classified as a second-degree felony, punishable by:

• Up to 15 years in prison

• Up to $10,000 in fines

• Mandatory permanent revocation of your driver’s license

• Mandatory minimum prison sentence under Florida’s sentencing guidelines

• Possible designation as a Habitual Felony Offender (HFO) if prior convictions exist

In addition, DUI manslaughter charges involving ‘leaving the scene’ can escalate the offense to a first-degree felony. This carries up to 30 years in prison.

Defending DUI Manslaughter Charges

DUI manslaughter cases require a highly detailed and aggressive defense strategy. Key defense issues may include:

• Challenging the legality of the initial traffic stop

• Suppressing improperly obtained blood evidence

• Questioning the accuracy of toxicology results

• Examining accident reconstruction findings

• Establishing causation (proving that intoxication was not the proximate cause of death)

Florida prosecutors pursue DUI manslaughter charges aggressively. These cases are complex and often involve scientific evidence, expert witnesses, and highly emotional juries. Early intervention by experienced defense counsel is critical.

At The Brancato Law Firm, P.A., we have decades of experience defending serious felony cases, including DUI manslaughter, vehicular homicide, and other major crimes. When everything is on the line, we are prepared to fight for your future.

DUI for Commercial Drivers in Florida

If you hold a commercial driver’s license (CDL), a DUI arrest can be career-ending. Florida law imposes strict penalties on CDL holders:

• A DUI conviction will result in a one-year disqualification of your CDL for a first offense

• A second DUI conviction results in a lifetime disqualification of your CDL

• These penalties apply even if you were driving your personal vehicle at the time of the arrest

Commercial drivers are also held to a lower BAC standard of 0.04% when operating a commercial vehicle.

At The Brancato Law Firm, P.A., we understand the devastating impact a CDL suspension can have on your livelihood. We work aggressively to protect both your criminal record and your ability to continue working.

Common Mistakes to Avoid After a DUI Arrest

Many people make critical mistakes that hurt their defense, including:

• Missing the 10-day license deadline

• Speaking to police without a lawyer

• Posting about the arrest on social media

• Assuming a first-time DUI is “no big deal”

Learn how to avoid these mistakes: Mistakes to Avoid After a DUI Arrest in Tampa, Florida.

Penalties for Refusing a Breath Test in Tampa

Florida’s implied consent law requires drivers lawfully arrested for DUI to submit to a breath, blood, or urine test. Refusing a lawful breath test carries serious consequences:

• First refusal: One-year license suspension

• Second refusal: 18-month suspension and an additional misdemeanor criminal charge

Refusals can also be used as evidence against you at trial. However, defenses often exist — including challenges to whether the stop was legal, whether the implied consent warning was properly given, and whether you were lawfully arrested before refusal was requested.

If you refused a breath test, it is critical to act quickly to protect your license and build a strong defense.

Local DUI Enforcement in Tampa

Our firm defends DUI cases arising from stops and arrests by:

• Tampa Police Department (TPD)

• Hillsborough County Sheriff’s Office (HCSO)

• Florida Highway Patrol (FHP)

We routinely appear at the George Edgecomb Courthouse and handle cases throughout Tampa, Brandon, Riverview, Plant City, South Tampa, Westchase, and New Tampa.

Defenses We Build for DUI Charges

We examine every detail of the case, including:

• Whether the traffic stop was legal

• Whether field sobriety exercises were properly administered

• The accuracy and reliability of breath or blood tests

• Medical conditions that may have mimicked impairment

• Procedural violations by law enforcement

DUI cases often hinge on complex issues — and early, aggressive legal work can lead to dismissed charges, reduced penalties, or full acquittals.

Challenging the Intoxilyzer 8000 in Florida DUI Cases

In Florida, the primary device used for breath testing in DUI cases is the Intoxilyzer 8000. While prosecutors often present breath test results as scientifically infallible, the reality is very different.

The Intoxilyzer 8000 is based on technology that has not kept pace with modern advances. It is an ugly, bulky box that looks more like a 1980s Smith Corona typewriter than a modern scientific instrument.

Flaws in Breath Test Evidence

To put it into perspective:

• In the 1980s, televisions were massive furniture-style consoles with tiny, low-definition screens.

• Today, we have ultra-thin OLED smart TVs and smartphones with stunning resolution and advanced computing power.

• Yet the breath testing technology used to determine guilt in DUI cases looks and operates like it is stuck in the past.

When everything else in our lives — from cars to communication to medicine — has advanced dramatically, it is fair to question Florida’s reliance on outdated breathalyzer machines. A person’s freedom should not rest on 1980s technology.

Common Challenges to Intoxilyzer 8000 Results

At The Brancato Law Firm, P.A., we routinely investigate and challenge breath test evidence by focusing on:

• Maintenance and Calibration Records: The Intoxilyzer 8000 must be regularly inspected and calibrated according to strict protocols. Failure to properly maintain the machine can compromise results.

• Operator Error: Only certified breath test operators are allowed to administer tests. Improper procedures can lead to flawed readings.

• Mouth Alcohol Contamination: Factors like recent mouthwash use, dental work, or acid reflux can create artificially elevated breath alcohol results.

• Medical Conditions: Certain medical issues, including GERD and diabetes, can distort breath test outcomes.

• Environmental Interference: Radio frequency interference (RFI) from nearby equipment can impact the machine’s performance.

Breath test results are not immune from challenge. These devices are only as reliable as their maintenance, operation, and underlying technology allow — and the science behind them has not advanced nearly as much as prosecutors want jurors and defendants to believe.

When your freedom is on the line, every detail matters. We know how to expose the flaws and vulnerabilities in the government’s breath test evidence.

Problems with Field Sobriety Exercises in DUI Investigations

When law enforcement stops a driver suspected of DUI, one of the first tools they often use is field sobriety exercises. These exercises — such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are promoted as objective ways to detect impairment. But the reality is very different.

Why Field Sobriety Exercises Are Not Fair to Everyone

Field sobriety exercises are not normal activities.

• No one in everyday life is asked to stand on one leg for thirty seconds or walk heel-to-toe on an imaginary line.

• These tasks are unfamiliar, stressful, and often performed on uneven, sloped, or poorly lit surfaces at the side of a road, often late at night.

Moreover, these exercises ignore a critical truth:
People are different.

• Some individuals have prior injuries, back problems, joint issues, or neurological conditions that make balance difficult even when completely sober.

• Others may be naturally uncoordinated, overweight, elderly, or simply nervous — all factors that affect performance.

• Officers performing these tests have practiced them hundreds of times during DUI training academies. The average citizen does not get practice runs under ideal conditions.

Importantly, law enforcement typically has no idea what a person’s normal baseline coordination looks like.
Yet they expect everyone — young, old, athletic, injured — to perform the same exercises the same way.

Judging impairment based on unfamiliar exercises performed under stressful, roadside conditions creates a deeply flawed system. At The Brancato Law Firm, P.A., we know how to expose the weaknesses in these so-called “tests” and how to challenge unfair assumptions made against our clients.

Field sobriety exercises are not scientific proof of intoxication — and we will make sure the court hears the full story.

DUI and Actual Physical Control in Florida: Sleeping in Your Car Can Still Lead to Arrest

In Florida, you can be charged with DUI even if you were not driving at the time of your arrest. Florida law allows DUI charges based on “actual physical control” — meaning simply that you were in a position to operate a vehicle, whether you were moving or not.

This means that if you are found sleeping in your car with the keys in your possession — even parked safely off the road — you can still be arrested and charged with DUI.

How Florida Defines Actual Physical Control

Actual physical control generally means:

• You are inside the vehicle

• You have the capability to operate it (such as having the keys in your hand, lap, or ignition)

• The vehicle does not have to be running or moving

This broad definition often catches people who were trying to do the right thing — people who realized they were not fit to drive and chose to sleep it off rather than risk hurting themselves or others.

Jury Appeal in Sleeping DUI Cases

Jurors often understand that sleeping in a car is not an act of recklessness — it is an act of caution and responsibility.
We frame these cases around common sense and human fairness:

• Choosing to pull over and sleep shows judgment, not impairment.

• The public is constantly told, “Don’t drive drunk — call a cab, get a ride, or sleep it off.”

• Punishing someone for making the safer choice undermines public safety goals.

At The Brancato Law Firm, P.A., we aggressively defend DUI cases based on actual physical control. We challenge whether the State can prove that you intended to drive — and we highlight to juries that sleeping instead of driving is not a crime, it is a responsible decision.

DUI charges based on sleeping in a vehicle are highly defensible when approached the right way.

Unique Challenges of DUI Trials in Florida

DUI trials are fundamentally different from most other criminal trials. In many criminal cases, such as those involving violent crimes or major theft, jurors have no personal experience committing the offenses they are asked to judge.

However, DUI cases are different.

Many jurors — whether they admit it openly or not — have personally driven after drinking alcohol at some point in their lives. They may not have been legally impaired or caught by law enforcement, but the personal experience of consuming alcohol and then driving is common.

This reality creates a quiet but powerful psychological effect in DUI trials:

• Jurors may be less willing to harshly judge behavior that mirrors something they have done themselves.

• Jurors may set a higher bar for what they personally consider “impairment.”

• Jurors may view the State’s evidence with more skepticism, especially if it relies on marginal field sobriety exercises or questionable breath test results.

This dynamic can make DUI cases harder for prosecutors to prove — and it opens opportunities for strategic, thoughtful defense advocacy.

At The Brancato Law Firm, P.A., we understand how to craft DUI defenses that resonate with jurors’ real-world experiences. We do not treat DUI cases like paperwork exercises. We build defenses designed for the courtroom — defenses that recognize the humanity, experience, and common sense of the people sitting in judgment.

If you are facing a DUI charge in Tampa or Hillsborough County, you need a defense that understands not just the law, but the human realities of trial.

Frequently Asked Questions About DUI in Florida

Can you get a DUI in Florida without drinking alcohol?

Yes. DUI charges apply to impairment by marijuana, Delta-8, CBD, prescription medications, or any substance affecting normal faculties.

What happens if you refuse a breathalyzer in Tampa?

Refusing a lawful breath test results in an automatic one-year license suspension for the first refusal and enhanced penalties for second refusals.

How long does a DUI stay on your record in Florida?

A DUI conviction stays on your criminal record permanently. Florida does not allow expungement or sealing of DUI convictions.

What is the difference between a DUI and a DWI in Florida?

Florida law only uses the term “DUI” (Driving Under the Influence). There is no separate “DWI” (Driving While Intoxicated) charge under Florida statutes. DUI covers impairment by alcohol, controlled substances, or chemical substances.

Will a DUI conviction affect my professional license?

Yes. A DUI conviction may need to be reported to licensing boards for professions such as healthcare, education, law, finance, and transportation. It can trigger disciplinary proceedings that threaten your license and career.

Can I get a hardship license after a DUI arrest?

In many cases, yes. If you request a formal review hearing within 10 days of your arrest, you may qualify for a hardship license that allows you to drive for work, school, and essential life activities. Early legal action is critical to preserving this option.

Why Choose The Brancato Law Firm for Your DUI Defense

When your future is at stake, experience matters.

• Over 25 years of courtroom experience

• Former second-in-command of Hillsborough County Public Defender’s Office

• Specialized major crimes and DUI defense background

• Aggressive motion practice and trial preparation

• Client-centered approach focused on protecting your future

We build your defense from day one — not the night before court.

Protecting Professional Licenses After DUI Arrests

For doctors, nurses, teachers, and others with professional licenses, a DUI arrest can threaten more than just your criminal record. We work to minimize or avoid reporting obligations and licensing board consequences wherever possible.

Handling DUI Cases Involving Marijuana, Delta-8, and Prescription Drugs

Marijuana-related DUI charges are rising sharply across Florida. Law enforcement aggressively pursues drivers accused of impairment by:

• Medical marijuana

• Recreational marijuana

• Delta-8 THC

• CBD products

• Prescription medications

Even if you legally obtained or used these substances, a DUI arrest is still possible — and must be defended strategically.

Learn more about fighting these charges: Driving High Can Get You a DUI and DUI for Prescription Drugs in Hillsborough County.

How a DUI Conviction Affects Your Insurance

A DUI conviction will have a lasting impact on your auto insurance:

• Your insurance company may drop your policy altogether

• You will likely be required to obtain FR-44 insurance, a higher-liability coverage, for three years

• FR-44 insurance is significantly more expensive than standard insurance

Even a first-time DUI conviction can raise your insurance premiums by thousands of dollars over several years. Defending your DUI case aggressively is one of the best ways to protect your future financial stability.

Facing DUI Charges in Hillsborough County? Let Us Fight for You

If you are facing DUI charges, you need a lawyer who will fight for your future, not just manage your case. At The Brancato Law Firm, P.A., we bring decades of courtroom experience, aggressive defense strategies, and a client-first approach to every DUI case.

Call us today at (813) 592-8981 or complete our confidential online form to schedule a consultation.

Protect your license. Protect your record. Protect your life.

Take Action Today | Contact The Brancato Law Firm, P.A.

If you have been arrested for DUI in Tampa or anywhere in Hillsborough County, you cannot afford to wait. Early defense action can make the difference between conviction and opportunity.

Protect your license.
Protect your record.
Protect your future.

Call The Brancato Law Firm, P.A. at (813) 592-8981
or
Complete our confidential online form to schedule your case evaluation.

When everything is on the line, experience matters.