DUI Victory: How the Brancato Law Firm, P.A. Overturned a Florida License Suspension on Appeal

Most people–even some “DUI Attorneys””–only think about the criminal case when they are arrested for DUI in Florida. But the reality is harsher: Florida’s Department of Highway Safety and Motor Vehicles (DHSMV) automatically suspends your license unless you request a hearing within 10 days. This usually happens before you ever go to court on the DUI itself. That suspension can stick—even if you later win your court case. In this post, we will discuss a Florida DUI license suspension Tampa Attorney Rocky Brancato got overturned on appeal.

At The Brancato Law Firm, P.A., we don’t just fight DUI charges in court. We also challenge the administrative suspension through formal hearings and, if necessary, appellate review. Our recent win shows how smart strategy, legal precision, and appellate experience can make all the difference.

The Case: Florida DUI Administrative Suspension Reversed on Appeal

Our client was arrested in Hillsborough County for DUI. As expected, the Florida DHSMV initiated an immediate license suspension. We promptly filed a demand for formal review, preserving our client’s right to challenge the suspension.

What made this case unique?

• We strategically chose to not subpoena the arresting officer.
• We knew the DHSMV would likely rely solely on its own BAR packet.
• That packet failed to establish probable cause on its face.

Despite this, the hearing officer upheld the suspension—and improperly relied on facts outside the record to do so.

We immediately filed a petition for writ of certiorari in the Thirteenth Judicial Circuit. After full briefing and review, the court granted the petition and reversed the suspension, restoring our client’s driving privileges and vindicating our strategic approach.

Why This Matters

• Timing is everything: If you don’t act within 10 days of arrest, your license may be gone—regardless of what happens in court.
• Most lawyers ignore the DMV: Many defense attorneys focus solely on the courtroom and let the administrative suspension go unchallenged.
• We handle both: At The Brancato Law Firm, P.A., we aggressively and strategically defend both your criminal case and your driving privilege from day one.

And if needed, we take it all the way to appeals court—and win.

Related Documents (Redacted for Privacy)

While these documents are public record, we’ve removed identifying details out of respect for our client. For legal professionals or journalists interested in reviewing the court’s reasoning:

• 📄 Petition for Writ of Certiorari (PDF)
• 📄 Order Granting Petition (PDF)

Case Number: 25-CA-004400
Court: Thirteenth Judicial Circuit, Hillsborough County, Florida
Ruling Date: September 19, 2025

Questions to Ask When Hiring a DUI Attorney

If you or someone you care about is facing a DUI charge in Florida, make sure your attorney knows how to give you a complete defense. Before you hire a DUI lawyer, ask them two simple questions: Have you ever handled a formal review hearing with the DMV? Have you ever appealed a license suspension? If the answer to either is no, you’re not getting a full DUI defense—you’re getting a fraction of one, and the consequences can be enormous.

With over 25 years of criminal defense experience in DUI law, attorney Rocky Brancato will personally oversee your case strategy, protect your license, and pursue every available avenue for relief.

Free DUI Consultation

Act fast—You only have 10 days to fight your license suspension.
Serving Tampa, Hillsborough, Pasco, and Pinellas Counties
Call (813) 727-7159 or visit our DUI Defense page