Tampa DUI Attorney

Last night you saw the blue lights in your mirror. This morning you woke up with a court date and a temporary permit instead of your driver’s license. You are also facing the realization that a DUI conviction in Florida stays on your record permanently. There is no expungement. There is no sealing. It remains forever.

Florida does not offer second chances on DUI convictions. However, that does not mean you are out of options right now. The breath test the officer administered may be unreliable. The traffic stop itself may have been illegal. Furthermore, the field sobriety exercises may have been unfairly administered. A Tampa DUI attorney who knows how to challenge this evidence can make the difference between conviction and dismissal.

I am Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients facing DUI charges throughout Tampa Bay. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, I understand the science prosecutors rely on. Consequently, I also understand the weaknesses in that science. I know exactly how to challenge DUI evidence in Hillsborough County courts. My firm, The Brancato Law Firm, P.A., can help.

The Critical 10-Day Deadline to Save Your License

After a DUI arrest in Tampa, you face two separate legal battles:

• Your criminal case in Hillsborough County court.
• An administrative license suspension through the Florida DHSMV.

WARNING: You have only 10 days from your arrest to request a formal review hearing. This is the only way to contest your license suspension. Missing this deadline results in your license being automatically suspended, regardless of what happens in your criminal case. Read our article: How the Brancato Law Firm Overturned a CDL License Suspension.

However, if you request the hearing within 10 days, you may be eligible for a hardship license. This allows you to drive for work, school, and essential daily activities while your case proceeds. Read our articles: What happens after a DUI Arrest in Florida and Mistakes to Avoid After a DUI Arrest.

DUI Penalties in Tampa: What You Are Facing

The penalties for a DUI conviction in Florida escalate dramatically with each offense.

Beyond these statutory penalties, DUI convictions carry collateral consequences. You will face mandatory substance abuse evaluations and vehicle impoundment. Additionally, you will be required to carry FR-44 insurance. This dramatically increases your premiums for three years. Read our articles: Florida DUI Penalties and How a DUI Can Affect Child Custody.

How a Tampa DUI Attorney Challenges the Evidence

DUI cases often hinge on evidence that appears stronger than it actually is. I examine every element of your case to identify weaknesses.

Traffic Stop Challenges

I evaluate the probable cause for the stop. If the initial stop was illegal, all subsequent evidence may be suppressed.

Field Sobriety Exercises

I expose unfair conditions. Factors like nervousness, physical limitations, age, weight, road surface, and weather can all cause failure.

Intoxilyzer 8000 Results

I challenge calibration records and operator certification. I also look for issues like mouth alcohol contamination or medical conditions (such as GERD or diabetes).

Blood Test Results

I challenge the chain of custody. We also examine proper collection procedures, laboratory protocols, and fermentation issues.

Officer Observations

I cross-examine subjective assessments. We provide alternative explanations for “red eyes,” “slurred speech,” or “unsteady balance.” Read our article: Fight your Tampa DUI: Proven DUI Strategies.

The Intoxilyzer 8000: Outdated Technology

Florida’s primary breath testing device is the Intoxilyzer 8000. Prosecutors present these results as scientifically infallible. The reality is quite different.

Consider this comparison. In the 1980s, televisions were massive furniture-style consoles with tiny screens. Today, we have ultra-thin OLEDs with stunning resolution. Smartphones have more computing power than early space shuttles. Yet, the breath testing technology used to determine guilt in DUI cases looks and operates like it is stuck in the past.

I routinely challenge Intoxilyzer results by examining:

• Maintenance Records: Was the machine properly calibrated?
• Operator Certification: Did the officer follow the correct procedures?
• Mouth Alcohol: Did recent mouthwash use, dental work, or acid reflux contaminate the sample?
• Medical Conditions: Did GERD or diabetes skew the results?
• Interference: Did radio frequency interference affect the machine?

Read our article: Intoxilyzer Not Properly Maintained: Florida Court Throws Out Breath Test.

Field Sobriety Exercises: Why They Are Unfair

Field sobriety exercises like the “walk-and-turn” and “one-leg stand” are promoted as objective measures. They are not.

These exercises are performed under challenging conditions. You are on the roadside at night. Police lights are flashing. You are likely nervous and scared. Furthermore, these tests do not account for individual differences in age, weight, or natural coordination. Unlike the officers who train on these exercises, you have never practiced them before.

I expose these weaknesses to juries. Field sobriety exercises are not scientific proof of intoxication. I ensure the court understands the full context. Read our article: How to Challenge Field Sobriety Exercises.

“Sleeping DUI”: Actual Physical Control

In Florida, you can be charged with DUI even if you were not actively driving. The law includes a concept called “actual physical control.” This means you were in a position to operate the vehicle, even if it wasn’t moving.

Consequently, sleeping in your parked car with keys in your possession can lead to DUI charges. I frame these cases around common sense and fairness. Choosing to pull over and sleep demonstrates good judgment, not impairment. Punishing someone for making the safer choice goes against public safety goals. DUI charges based on sleeping in a vehicle are highly defensible with the right approach.

DUI Beyond Alcohol: Marijuana and Prescriptions

Florida DUI law applies to impairment from any substance affecting your normal faculties. This includes:

• Medical marijuana (even with a valid patient card).
• Delta-8 THC and CBD products.
• Prescription medications (Xanax, Ambien, Adderall, Oxycodone).

Even legally prescribed medications can lead to DUI charges. However, proving impairment from these substances is more complex than alcohol cases. This creates significant defense opportunities for a skilled Tampa DUI attorney. Read our articles: Marijuana DUI Charges in Florida and DUI for Prescription Drugs in Florida.

Penalties for Refusing a Breath Test

Florida’s implied consent law requires drivers to submit to testing if lawfully arrested. Refusing carries consequences:

• First Refusal: One-year driver’s license suspension.
• Second Refusal: 18-month suspension plus an additional misdemeanor charge.

Refusals can be used as evidence against you at trial. However, defenses may exist. Was the stop legal? Was the implied consent warning properly given? Were you lawfully arrested before the request? We investigate all of these angles.

DUI and Commercial Driver’s Licenses (CDL)

If you hold a CDL, a DUI arrest threatens your entire career.

• First DUI Conviction: One-year CDL disqualification.
• Second DUI Conviction: Lifetime CDL disqualification.

These penalties apply even if you were driving your personal vehicle at the time. Furthermore, commercial drivers are held to a lower BAC standard of 0.04% when operating commercial vehicles. I understand the severe impact CDL suspension has on your livelihood. I work aggressively to protect both your criminal record and your ability to work.

DUI Manslaughter: Florida’s Most Serious Charge

DUI manslaughter is typically a second-degree felony. It is 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 sentencing guidelines.

If you left the scene, the charge elevates to a first-degree felony carrying up to 30 years. These cases require immediate, aggressive defense. We challenge the traffic stop, toxicology results, accident reconstruction, and causation.

Frequently Asked Questions About Tampa DUI

Serving Tampa Bay Defendants

I defend DUI cases resulting from stops by the Tampa Police Department, Hillsborough County Sheriff’s Office, and Florida Highway Patrol. I appear regularly at the George Edgecomb Courthouse.

My firm handles cases throughout the region, including:

• Hillsborough County: Tampa, Brandon, Riverview, Plant City.
• Pinellas County: St. Petersburg, Clearwater.
• Pasco County: New Port Richey, Wesley Chapel.

Your Defense Starts Today

If you have been arrested for DUI in Tampa, time is working against you. The 10-day deadline to save your license is approaching. The evidence against you may be weaker than it appears, but you need an attorney who knows how to challenge it.

I offer confidential consultations to people facing DUI charges in Tampa Bay. During our conversation, I will evaluate your case and explain your options. We will outline a strategy for protecting your license, your record, and your future.

Call (813) 727-7159 Now—Before the Deadline Passes

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602