What Happens After a DUI Arrest in Hillsborough County, Florida?

Your Questions Answered

If you recently had a DUI arrest in Hillsborough County or Tampa, Florida, you’re likely facing a confusing, stressful, and uncertain time. Understanding what happens next—and the immediate steps you need to take to protect yourself—can make a significant difference in the outcome of your case.

At The Brancato Law Firm, P.A., we guide our Tampa Bay clients through every stage of the DUI process, from the moment of arrest to the final resolution. Here are answers to some of the most common questions people have after a DUI arrest in Hillsborough County.

1. Will I Go to Jail Immediately After a DUI Arrest in Hillsborough County?

Yes, if law enforcement arrests you for DUI in Hillsborough County, they will typically take you to jail (often the Orient Road Jail in Tampa) and book you. Florida law then requires that authorities hold you for a minimum period, until:

• Their blood alcohol content (BAC) drops below 0.05%; or
• At least 8 hours have passed since the time of their arrest; or
• They are determined to no longer be under the influence to the extent that their normal faculties are impaired.

After this initial hold and release (often on bond), you will receive a notice to appear in court for your Hillsborough County DUI charge. A skilled Tampa DUI defense lawyer can work to minimize or avoid any additional jail time as part of your criminal case.

2. My Florida License After a Tampa DUI Arrest: How Long to Fight Suspension?

You have a very limited timeframe: only 10 calendar days from the date of your Tampa DUI arrest to formally request a review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

If you fail to request this hearing within the 10-day window, your Florida driver’s license will likely be automatically suspended—even if your Hillsborough County criminal DUI case is still pending or eventually dismissed. At The Brancato Law Firm, P.A., we can handle both the crucial DHSMV administrative hearing and your criminal court case, fighting to protect your rights on both fronts after a Tampa DUI.

3. First-Time DUI in Tampa: What Penalties Am I Facing?

A first-time DUI conviction in Florida carries significant penalties. If you are convicted of a first DUI in Hillsborough County, potential consequences include:

• Jail: Up to 6 months.
• Fines: Between $500 and $1,000.
• License Suspension: From 6 to 12 months.
• DUI School: Mandatory completion.
• Probation: Up to one year.
• Vehicle Impoundment: Typically for 10 days.
• Ignition Interlock Device (IID): Possible installation, and mandatory if your BAC was .15 or higher, or if a minor was in the vehicle.

Penalties increase substantially if your BAC was .15 or higher or if a minor was present during your Tampa DUI offense.

4. Can a DUI Charge Be Beaten in Hillsborough County?

Yes, it is often possible to successfully defend against DUI charges in Hillsborough County, leading to a dismissal, reduced charges (like reckless driving), or a not-guilty verdict at trial. Common DUI defenses our Tampa DUI lawyers investigate include:

• Challenging the legality of the initial traffic stop or the basis for the arrest.
• Contesting the accuracy and reliability of breathalyzer or blood test results.
• Questioning the administration and validity of field sobriety exercises.
• Identifying procedural errors or violations of your rights during the arrest process.
• Demonstrating that medical conditions or other factors mimicked impairment.

Every Tampa DUI case is unique. A personalized defense strategy crafted by an experienced attorney is crucial.

5. Will My Hillsborough County DUI Case Definitely Go to Trial?

Not all Hillsborough County DUI cases proceed to a full trial. In fact, many are resolved through other means, such as:

• Negotiations: Your Tampa DUI attorney may negotiate with the prosecutor for a plea agreement to lesser charges or reduced penalties.
• Motions to Suppress: If evidence was obtained illegally, a successful motion can lead to its exclusion, often weakening the prosecution’s case significantly.
• Pre-Trial Diversion Programs: For some eligible first-time offenders.

However, if negotiations don’t lead to an acceptable outcome, or if the evidence against you is weak or flawed, taking your Tampa DUI case to trial may be your best option. At The Brancato Law Firm, P.A., we prepare every DUI case as if it will go to trial, ensuring we are ready to fight for you in court. This thorough preparation often strengthens our negotiating position.

6. I’m From Out-of-State But Got a DUI in Tampa: What Happens?

If you are an out-of-state resident arrested for DUI while visiting Tampa or anywhere in Hillsborough County, Florida will still pursue criminal charges against you here. Additionally, your home state will likely be notified and may take separate action against your driver’s license through the Interstate Driver’s License Compact.

It is critical to hire a local Tampa DUI lawyer who understands how to handle out-of-state DUI cases. We can often appear in court on your behalf for many proceedings (minimizing your travel) and guide you on protecting your driving privileges in your home state.

7. Can a Tampa DUI Arrest Impact My Job or Professional License in Florida?

Yes, absolutely. A DUI arrest in Tampa—even before a conviction—can have serious repercussions for your career, especially if your job involves:

• A Commercial Driver’s License (CDL).
• Medical licenses (e.g., doctors, nurses, pharmacists).
• Teaching credentials.
• Real estate or financial licenses.
• Law enforcement or government employment requiring security clearances.

At The Brancato Law Firm, P.A., we understand these concerns. We work proactively to develop defense strategies aimed at minimizing the impact of a Hillsborough County DUI on your employment and professional licenses.

8. How Exactly Can a Tampa DUI Lawyer Help After My Hillsborough County Arrest?

An experienced Tampa DUI lawyer provides far more than just court representation. At The Brancato Law Firm, P.A., we take comprehensive action from day one:

• Thorough Investigation: We scrutinize every detail of your Hillsborough County DUI arrest, looking for weaknesses in the prosecution’s case and violations of your rights.
• License Protection: We immediately address the 10-day deadline to fight for your Florida driver’s license at the DHSMV hearing.
• Court Representation: We handle all court appearances, filings, and legal procedures.
• Skilled Negotiation: We negotiate with Tampa prosecutors for potential charge reductions or dismissals when appropriate.
• Trial Defense: We are experienced trial attorneys, fully prepared to defend you vigorously before a jury if necessary.
• Penalty Mitigation: We advocate to minimize or avoid harsh penalties if a conviction occurs.

Early intervention is key after a Tampa DUI arrest. The sooner you contact an attorney, the more opportunities we have to build a strong defense and protect your future.

Arrested for DUI in Hillsborough County? Get Your Questions Answered Now.

If you or a loved one has been arrested for DUI in Tampa or anywhere in Hillsborough County, don’t wait and let your questions go unanswered. The actions you take now can significantly affect your case. Contact The Brancato Law Firm, P.A. today. We are ready to put our decades of courtroom experience to work fighting for you.

Call (813) 727-7159 or complete our confidential online form to schedule your case evaluation with a knowledgeable Tampa DUI attorney.