How to Choose a DUI Defense Attorney in Tampa

To choose a DUI defense attorney in Tampa, look for a lawyer who has taken DUI cases to jury trial and can give you case numbers to check. Before you sign, find out which attorney will actually handle your case. Get in writing what the fee covers, including the request to review your license suspension. Make the choice in the first few days after the arrest. Florida gives you 10 days from the date your notice of suspension was issued to request a review of the suspension. The lawyer you hire should be the one who makes that request.

Rocky Brancato, who founded The Brancato Law Firm, has more than 25 years of criminal defense experience. He spent most of those years at the Hillsborough County Public Defender’s Office, where he served as Chief Operations Officer and oversaw a staff of over 100 attorneys. In his book on choosing a criminal defense attorney, Rocky explains that the lawyer you hire affects every later decision in your case, from the defense strategy to whether to accept a plea offer. He also points out that costly mistakes tend to happen when people choose in a hurry, based on an ad or a bold promise.

If this is the first time you have had to hire a lawyer, the ads and websites can all look alike, so it can be hard to know where to start. The 10-day deadline means you need to move quickly, but it still leaves you time to compare. Plan on talking with two or three firms in the first few days. Compare what they tell you before you sign with any of them.

How soon do I need to hire a DUI lawyer in Tampa?

Hire a DUI lawyer within the first few days after your arrest, because the deadline to request a review of your license suspension is 10 days. The review is handled by the Florida Department of Highway Safety and Motor Vehicles. Section 322.2615 of the Florida Statutes sets the deadline: the driver “may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension…”. A formal review is a hearing where witnesses can be questioned. An informal review is decided on the documents alone.

The notice of suspension is the paper the officer gives you after taking your license at the arrest. If you were otherwise eligible to drive, the officer also gives you a 10-day temporary permit, and that permit runs out at midnight on the 10th day after the notice was issued. The review is your chance to challenge the suspension. If no one requests it within those 10 days, you lose that chance, and the suspension runs its full length. For a breath or blood alcohol level of 0.08 or higher, that is 6 months for a first suspension, or 1 year if your license was suspended this way before.

The license review is a separate case from your criminal charge. It is a civil, administrative proceeding, which means the department decides it outside of court. The only question in the review is what happens to your driver license. Still, both cases come from the same arrest, and they move forward at the same time. Witnesses at a formal review hearing testify under oath, and that sworn testimony can come up again in the criminal case. Depending on what is said, that testimony can help or hurt your defense. A lawyer who handles both cases can plan the license review with the criminal case in mind. That is why the lawyer you hire for the criminal case should also be the one who requests and handles the license review.

What experience should a DUI lawyer have?

A DUI lawyer should have tried DUI cases in front of a jury, argued motions in DUI cases, and kept up with the science behind breath and blood testing. A motion is a request asking the judge to decide a legal issue in the case. A misdemeanor DUI in Tampa is heard in Hillsborough County Court, so ask how much of that experience comes from that court.

Years in practice do not tell you how much courtroom work a lawyer has done. Ask about DUI jury trials and motion hearings specifically. A lawyer who tries cases learns how to question people during jury selection, how to cross-examine the State’s witnesses, and how to explain complicated facts to a jury in plain language. That lawyer also learns what persuades a jury and what does not.

Look for a lawyer who prepares every DUI case as if it will go to trial. That preparation shows the prosecutor your lawyer is ready to try the case, so the prosecutor has to consider the chance of losing at trial when deciding what plea offer to make. It also helps your lawyer find weak points in the State’s evidence and legal issues that can support a motion, such as a challenge to whether a piece of evidence can be used at all. If a plea agreement turns out to be the best option, your lawyer can negotiate it knowing where the State’s evidence is weak. To find out whether a lawyer works this way, ask in the consultation how they would prepare your case for trial. A lawyer who does this work can describe the specific steps. Our article on how to fight a DUI charge in Hillsborough County explains the defenses themselves.

The evidence in a DUI case can include a breath test, a blood test, and the roadside field sobriety exercises the officer asked you to do. A DUI lawyer should know how Florida’s approved breath test instruments and testing rules work. Ask what DUI training the lawyer takes to stay current on breath testing, blood testing, and the rules that govern them. The lawyer should also know when a case needs an expert, such as a toxicologist to review the test results. Ask for an example of a case where bringing in an expert helped the defense.

What credentials should a Tampa DUI lawyer have?

Credentials and job titles are worth checking, but none of them proves DUI trial experience on its own. Any firm can build a professional website and pay to appear at the top of search results, so how often you see a lawyer’s ads tells you nothing about that lawyer’s trial record. A website can also list DUI as a practice area whether or not the lawyer has tried a DUI case. Florida does limit some of the words lawyers use in ads, so it helps to know what the common labels mean.

Does a DUI lawyer need to be board certified?

No. Board certification is one signal of experience among several, and a lawyer does not need it to handle a DUI case. The Florida Bar certifies lawyers in Criminal Trial Law, which requires years of criminal trial work, a minimum number of jury trials, peer review by other lawyers and judges, and a written exam. Those trials can be any kind of criminal case, so the certification shows broad jury trial experience. It does not tell you how many DUI cases the lawyer has tried.

The Florida Bar has no DUI certification area. A national organization, the National College for DUI Defense (NCDD), certifies lawyers in DUI Defense Law. NCDD states that it is the only organization accredited by the American Bar Association to do so. NCDD’s requirements include a minimum number of DUI trials, so a lawyer with this certification has DUI trial experience. A lawyer without it may have that experience too, so ask about DUI trials either way.

If a lawyer’s ad says “board certified,” check that it names the organization that did the certifying. Florida’s lawyer advertising rules require every ad that claims board certification to name the certifying organization, even when that organization is The Florida Bar. The words “specialist” and “expert” do not require a certificate, so when a lawyer uses them, ask what supports the claim: how many DUI trials, which cases, and what training.

Is a former prosecutor better for a DUI case?

Not necessarily. Strong DUI lawyers come from prosecutors’ offices, public defenders’ offices, and private practice. The experience a lawyer has now matters more than the path they took to get there. A title like “former prosecutor” or “former public defender” tells you where a lawyer worked. It does not tell you how long they stayed, what kinds of cases they handled, or whether they tried cases to a jury. Ask what types of cases the lawyer handled in that job, how long they held it, and whether the work included DUI jury trials.

How to check a DUI lawyer’s background before you hire

You can check most of what a lawyer tells you yourself, online and for free, before you sign anything. The Florida Bar’s own consumer guide to finding a lawyer tells you to confirm that the person you are considering is an attorney, review any discipline history, and ask whether they have handled cases like yours.

Court records in Florida are generally open to the public, so a lawyer who has tried DUI cases should be able to give you case numbers without hesitating.

You can also ask a lawyer you already know, even one who does not practice criminal law, what they have heard about the lawyers on your list. Lawyers often know which local attorneys regularly try cases.

The same checks work for any criminal charge. Our complete guide to choosing a criminal defense attorney in Tampa covers them for cases other than DUI.

Questions to ask a DUI lawyer in a consultation

Bring the same questions to every consultation so you can compare the answers side by side. A lawyer with real DUI experience answers them directly, with names, numbers, and specifics.

Who will handle your case

After you sign, a firm may pass your case to an attorney you have never met, so ask these questions before you sign.

• “Which attorney will handle my case, and will that attorney argue the motions and try the case if it goes to trial?” A straight answer gives you a name and says plainly what that attorney will do.
• “Will the attorney I am meeting with stay involved in my case?” A straight answer explains what that attorney’s role will be after you sign, such as reviewing strategy or appearing at hearings.
• “Will you name the lead attorney and that attorney’s role in the fee agreement?” A straight answer is yes, with the name written into the fee agreement before you sign.
• “How many active cases are you handling right now?” A straight answer is an actual number, along with how the lawyer makes time to prepare each case.

Experience

• “How many DUI jury trials have you handled?” A straight answer is a number, given without hesitating.
• “Have you tried DUI cases like mine in Hillsborough County Court?” A straight answer describes similar cases the lawyer has tried, such as cases built on a breath test or a blood test.
• “Can you give me case numbers for some of those trials?” A straight answer is yes, followed by case numbers you can look up on the clerk’s website.
• “When do you bring in an expert in a DUI case, and can you give me an example?” A straight answer names the kind of case that calls for an expert and the kind of expert used, such as a toxicologist reviewing blood test results.
• “What DUI training have you taken recently?” A straight answer names specific programs or organizations.

The license review

• “Will you request the review of my license suspension before my 10 days run out?” A straight answer confirms the date your deadline falls on and who will make the request.
• “Will the same lawyer handle the license review and the criminal case?” The answer you want is yes, with the name of the lawyer who will handle both.

Fees and costs

• “What does your fee cover?” A straight answer goes through the license review, motions, and trial, and says whether each one is included.
• “Will the fee change if my case goes to trial?” A straight answer is a clear yes or no, written into the fee agreement. If the answer is yes, ask how much the trial fee is, so you know the total fee for the case before you sign.
• “How are costs like expert fees handled?” A straight answer explains that costs are separate from the fee and how you would pay them.

Communication

• “Will I be able to contact my attorney directly?” A straight answer tells you how to reach the attorney and who responds when the attorney is in court.
• “Is there a secure portal for sharing documents?” A straight answer is yes or no, and if the answer is no, it tells you how you will share documents safely.
• “How quickly do you return calls and messages?” A straight answer gives a specific time frame.

How much does a DUI lawyer cost in Tampa?

The cost of a DUI lawyer in Tampa depends on how serious the charge is, how complicated the evidence is, and how much time the case will take, so the only reliable number is a written quote for your case. Most criminal defense lawyers charge a flat fee, which is one fixed amount for handling the case. That amount rises with the seriousness of the charge. Defending a DUI generally costs more than defending a charge of driving without a valid license, and less than defending a DUI that involved an injury.

Most people do not budget for a defense lawyer, so a large quote can feel overwhelming. When you compare quotes, ask exactly what each flat fee covers, and whether it includes the license review, motions, and trial.

Some firms charge a separate trial fee on top of the fee for the pre-trial work. With a separate trial fee, going to trial costs you more, so you may end up weighing a plea offer against that added cost. It also gives the lawyer a financial incentive to settle before the case is fully prepared for trial, because the lawyer is paid the same pre-trial fee whether the case settles early or is fully prepared. The Brancato Law Firm charges one flat fee for the entire case, including trial, so you can decide on a plea offer without also weighing an added trial fee.

Get the fee agreement in writing before you pay. It should list what the fee covers and say whether any part of the fee is nonrefundable.

Fees and costs are two separate things. The fee pays for the lawyer’s time and experience. Costs are handled separately from the fee, and they pay for outside help the defense needs, such as an expert witness, an investigator, or a court reporter. Ask how the firm handles costs. One method is a cost deposit held in the firm’s trust account and used to pay each cost, with any unused money returned to you. The other method is paying the expert, investigator, or other provider directly, in advance.

A DUI lawyer cannot offer “no fee unless we win.” Florida’s rules do not allow a lawyer to charge a contingent fee for defending someone in a criminal case. A contingent fee is a fee paid only if the case is won.

If one lawyer quotes a fee far below the others, ask why. A very low fee can mean the lawyer takes on a large number of cases to make up the difference, which leaves less time for yours. Our article on how much a criminal defense attorney costs in Tampa covers pricing in more detail.

Red flags when hiring a DUI lawyer

Do not hire a lawyer who promises a result, relies on connections, pushes you to sign, or cannot give plain answers about trial experience.

• A promised result. No lawyer can promise how a DUI case will end, and Florida’s lawyer advertising rules bar ads that predict or guarantee results. A lawyer who promises you an outcome in person is telling you what you want to hear.
• Talk of “connections.” If a lawyer says “I know the prosecutor” or “The judge and I have a relationship,” ask what that does for your defense. Any experienced local lawyer has spent time with the prosecutors and judges, and that familiarity does not get your case special treatment.
• Pressure to sign right away. If you feel rushed or pushed to sign a fee agreement before you have had time to think, slow down. A good lawyer will give you time to compare.
• Vague answers about trial experience. If a lawyer says they have “handled serious cases” but cannot name a DUI jury trial or give you a number, treat that as a warning. Lawyers who try cases know their records and can give you examples.
• A firm that will not name your lawyer. If a firm refuses to put the lead attorney’s name and role in the fee agreement, do not sign.
• A fee far below everyone else’s. Ask the lawyer to explain the difference before you sign.

Our article on red flags to avoid when choosing a Tampa criminal defense attorney goes through these warning signs in more depth.

What should a good DUI consultation feel like?

A good DUI consultation leaves you with a clear understanding of your charge and your options. The lawyer explains the process in plain language, tells you honestly what the risks are, and makes no promises about the outcome. Nobody pushes you to sign a fee agreement at the meeting. If the lawyer does not think the firm is the right fit for your case, they tell you so.

The lawyer should also listen more than talk. Expect questions about your goals, your concerns, and your background. Your own questions should get direct answers. You may need to share details that are personal or embarrassing, so you need a lawyer you can be honest with and who is honest with you in return.

You may still feel worried when the meeting ends, but you should understand what happens next. Before you sign, ask yourself one last question: is this the lawyer you want standing next to you in court if your case goes to trial? Base your answer on the lawyer’s DUI trial record, the case numbers you were able to check, and how directly the lawyer answered your questions.

Public defender or private DUI lawyer?

If you cannot afford a private lawyer with real DUI trial experience, a public defender may be a better choice than a low-cost private lawyer. The public defender’s office has competent attorneys.

To ask for a public defender, you apply through the clerk of court and pay a $50 application fee. Under section 27.52 of the Florida Statutes, the clerk decides whether you qualify, based on whether your income is at or below 200 percent of the federal poverty guidelines for your household size. People who receive certain benefits, such as SSI, also qualify. A DUI charge can carry jail time, so you can get a public defender for a DUI if you qualify. That changes if the court enters an order of no imprisonment, which means the court has decided you will not be sentenced to jail in the case. Once that order is entered, a public defender cannot be appointed, and an existing appointment ends. Our article on public defenders versus private attorneys in Tampa explains the choice in more detail.

Talk with a Tampa DUI defense attorney

If you or someone in your family was arrested for DUI in Tampa or elsewhere in Hillsborough County, call us at (813) 727-7159 for a free, confidential consultation. We are available 24/7 for arrest emergencies. Bring your list of questions and ask us the same things you ask every other firm. We handle first and repeat DUI cases, including felony DUI, and the 10-day license review. If you would rather meet in person, our office is in downtown Tampa, two blocks from the Hillsborough County Courthouse. You can read more about our Tampa DUI defense work, or contact us online to set up a time to talk.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.