Experienced Legal Advocacy in Florida
DUI Your Future is Too Important to Risk

Tampa DUI Defense Lawyer

Dedicated DUI Defense Attorney in Tampa, FL

Have you or a loved one been charged with driving under the influence (DUI) in Florida? Our Tampa DUI attorney at Taracks & Associates has more than 30 years of experience fighting DUI and drunk driving-related offenses. We understand that you may feel alone or may have a lot of questions. Our team can be your trusted advocates and counselors as your case progresses.

If you were arrested for DUI, consider the following:

  • Your immediate action will be needed to help avoid license suspension.
  • You could only have 10 days from your arrest to take action.
  • You could be facing serious criminal and administrative penalties.
  • You will need to speak with an attorney to learn about your options.

Have you been charged with driving under the influence in Tampa? Schedule a FREE consultation with our defense lawyer today.

  • DUI and LSOA Reduced to Reckless Driving
  • Professional Accused of DUI Reduced to Reckless Driving
  • Client Charged with DUI AND DWLS Case Dismissed
  • 2 X DUI/Open Container Case Dismissed
  • Charged with DUI Case Dismissed
  • DUI Reduced to Reckless Driving
  • DUI Following a Traffic Accident Reduced to Reckless Driving
  • DUI Reduced to Reckless Driving
  • DUI Reduced to Reckless Driving.
  • 3rd DUI Reduced to Reckless Driving
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License Suspension & DMV Hearings in Tampa

You only have 10 days from the date of your arrest to take action regarding your driver's license before an automatic suspension goes into effect. If this is your first DUI arrest, you have the option to waive your right to an appeal, which will result in you obtaining a hardship license good for driving for work, religious, school, or medical purposes, or "for any reason necessary to maintain your livelihood."

If you refused to blow or provide a urine sample, the hardship license will be in place for 1 year from the date of arrest. If you provided a sample and your blood-alcohol level was over .08 (the legal limit in Florida) then the hardship will be in place for a period of 6 months from the date of arrest. Please note that to obtain a hardship license you must waive your right to appeal and also enroll in DUI School within the first 10 days.

Alternatively, you my challenge the suspension altogether. Your attorney will set a hearing with the DMV and if the officer is unable to prove the necessary elements your license will be reinstated. During the time that the appeal is pending you will be able to drive on a hardship license.

Your attorney will be able to advise you whether it is in your best interest to waive the appeal or to go forward with an appeal. Regardless of your decision, you must take action within 10 days to avoid a suspension automatically going in to effect! Should you fail to take action within 10 days, your license will automatically be suspended for 90 days for a refusal or 30 days for a sample over the legal limit.

DUI Penalties in Florida

If you are convicted of DUI there are certain minimum mandatory sanctions that are required by law. We will fight to have your DUI dismissed through a technical or procedural error made by law enforcement, or by obtaining a "not guilty" verdict from a jury.

Possible penalties can include:

Alternatively, we may be able to have the State reduce your DUI to a lesser charge of Reckless Driving, which removes the stigma associated with DUI and allows you to answer "no" if asked if you were ever convicted of DUI. Additionally you will avoid some of the mandatory penalties associated with DUI and may not have to carry high-risk auto insurance.

First Time DUI Penalties In Florida

1ST DUI (BAC Under .15) Minimum Penalties:

  • $500 fine plus court costs
  • Probation
  • 50 community service hours
  • DUI School & Any Required Treatment
  • 10 Day Vehicle Impound
  • 6 Month License Suspension

1ST DUI (BAC Over .15) Minimum Penalties:

  • $1,000 fine plus court costs
  • Probation
  • 50 community service hours
  • DUI School & Any Required Treatment
  • 10 Day Vehicle Impound
  • 6 Month License Suspension
  • 6 Month Vehicle Ignition Interlock Device

Subsequent DUI convictions result in increased penalties. For example, a second DUI within 5 years of the first conviction carries a MANDATORY 10 days in jail and a MANDATORY 5 year license revocation.

It is important to understand that DUI carries a MANDATORY conviction, meaning you are not eligible to have your record sealed or expunged if convicted of DUI.

Let Our Experience Work For You! Call (813) 990-0599 Now

Our firm has had great success in getting DUI's reduced to Reckless Driving in the Tampa Bay area. With over 30 years of experience, our firm is prepared to defend you against the DUI charge and fight the suspension of your license. We will help you understand the process and explain what the likely outcome of your case will be based on our experience. We also offer convenient payment plans if your case qualifies.

DWI FAQ

Get the Answers You Need
  • I've been arrested for DUI. What's the first thing I should do?

    After an arrest, you have the right to remain silent and the right to consult with an attorney. We suggest that you use both these rights. Be careful not to admit any sort of guilt. You also do not have to answer any questions until you procure an attorney's services. After a DUI arrest, we encourage you to contact a Tampa DUI lawyer from Taracks & Associates.

  • If I have access to a public defender, why hire your firm?

    Florida's Public Defender's Office has many attorneys who are available to represent clients that either cannot afford it or are otherwise unable to hire their own lawyer. There is a major disadvantage in utilizing a public defender. These attorneys typically have very large caseloads, leaving them little time to get to know you and your case. With our firm, we take the time to get to know each client individually. We intentionally keep our caseload small so that we can dedicate more time and attention to our clients.

  • Do I have to submit to the field sobriety tests?

    No. You do not have to submit to the standardized field sobriety tests. You do, however, have to submit to the chemical tests. It is important to know the difference between the two. Field sobriety tests are administered at the traffic stop, so typically on the side of the road by a law enforcement officer. Field sobriety tests include the horizontal gaze nystagmus, the walk and turn test and the one-leg stand. In some jurisdictions, officers also carry portable breath testing devices for field sobriety testing, but these are not the chemical tests. Only after a lawful arrest are you required to submit to a chemical test (breath, blood or urine). Refusal will warrant automatic license suspension.

  • How accurate are breath testing machines?

    Like any electronic device, breath testing machines are subject to error. They are subject to human error and they are subject to mechanical error. These machines inherently have a margin of error that could show a BAC that is off by fractions of a percentage. Breath testing machines, if administered incorrectly, could also give false readings. Our firm may be able to get a DUI charge dropped by proving the test was administered improperly or because that particular breath test model has proven to be faulty in the past.

  • Is the maximum blood alcohol concentration (BAC) different for truckers?

    Yes. Truck drivers are federally regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA recently passed a rule that truckers could be arrested, charged and even convicted of DUI for having a blood alcohol content of .04 percent or higher while the maximum BAC for all other drivers is .08 percent.

  • Should I accept a plea bargain?

    This will depend on your particular case and how good your chances are of getting your charges dismissed. Only enter into a plea bargain after careful discussion with your lawyer. The prosecution often offers plea bargains (or "plea deals") in order to end the criminal court process more quickly by getting the defendant to agree to plead guilty. In exchange for a guilty plea, the prosecution will offer a reduced sentence or lesser charges.

  • What are the benefits of getting my DUI reduced to Reckless Driving?

    Reckless Driving does not carry any of the aforementioned minimum mandatory sanctions associated with a DUI conviction. Your attorney may also be able to negotiate a "withhold" of adjudication with regards to an amended charge of reckless driving, which may make you eligible for a sealing or expunction of your record. This would also result in removal of your mug-shot from the Sheriff's Office website. Reckless Driving removes the stigma associated with DUI and will not require you to carry the increased auto insurance (SR-22/SR-44) associated with a DUI conviction. Essentially, Reckless Driving is Florida's answer to a "reduced" DUI.

  • Can I get my DUI conviction expunged?

    In some instances, yes. Only those who meet the qualification standards can get their DUI charges expunged or "sealed" from their criminal records. Certain charges may be expunged and others may not be expunged. Review ยง 943.0585 to learn whether or not you qualify.

  • If I'm convicted and my license is suspended, can I get a hardship license?

    Yes, but not always. If this is your first DUI conviction, you may apply for a hardship license before your revocation period expires. You may be subject to fees and DUI school before you can qualify though. You can still apply for a hardship license after a second DUI offense within five years of your first, but a third or subsequent DUI offense will disqualify you from this option.

Quality Representation Matters

Six Reasons to Choose Barry Taracks
  • Helping Clients with Their Legal Challenges for over 30 Years
  • More than 10,000 People Helped
  • 185 Jury Trials Handled
  • The Experience of a Former Prosecutor
  • Highly Recommended by Peers & Past Clients
  • Free Initial Consultations

Your Rights are Our Priority

No one plans to be charged with a criminal offense. When it happens, not only is it frightening and frustrating, but it can cast serious doubts on your future. That is why we have dedicated our firm to providing aggressive, thorough, and powerful representation and advocacy to clients who are facing one of the toughest times in their lives.

Possible DUI "Types" in Florida

When most people think of DUI charges, they think of being pulled over on a lonely road, blowing into a breathalyzer, and being arrested. While that's certainly can occur, the truth is that a DUI charge can happen many different ways and the details of your case may dictate your potential penalties-- and defense options.

Aggressive Tampa DUI Defense

The Tampa DUI attorney at Taracks & Associates has more than 30 years of experience fighting DUI and drunk driving-related offenses. We understand you may feel alone or may have a lot of questions. Our team can be your trusted advocates and counselors as your case progresses.

If you have been arrested for DUI, all hope is not lost! Our firm's goal is to help you avoid a DUI conviction. Call us at (813) 990-0599 and request your free and confidential DUI consultation.

Put Your DUI Charges 
Behind You

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