Tampa DUI Lawyer

A DUI arrest in Tampa brings immediate legal and administrative consequences, including license suspension, criminal charges, and long-term impacts on employment and insurance. Florida law imposes strict penalties even for first-time offenders, with potential jail time, substantial fines, and mandatory DUI programs.

At Taracks & Associates, we’ve spent more than 30 years defending people facing DUI charges in Tampa and throughout Hillsborough County. Our founding attorney is a former prosecutor who understands exactly how the state builds DUI cases—and how to take them apart. We’ve handled more than 185 jury trials and helped more than 10,000 people fight for their freedom.

When you’re facing DUI charges in Tampa, every hour counts. The sooner you act, the more options you have to protect your driving privileges and challenge the charges.

Why Choose Taracks & Associates for Your Tampa DUI Defense

DUI charges bring serious legal and personal challenges. The legal process can feel difficult to navigate without guidance. That’s exactly why you need a fierce advocate who knows the Tampa courts inside and out.

We’ve been defending clients in Hillsborough County for over three decades. Our former prosecutor background gives us a strategic advantage—we know how the state thinks, how they prepare, and where their cases often fall apart. Tough cases don’t intimidate us; they motivate us.

When you work with our Tampa DUI attorney, you get personalized attention from day one. We explain every step in plain English. You should never have to wonder about the status of your case, and that’s why we focus so much on our responsiveness to our clients.

We offer free initial consultations because everyone needs to understand their options before making life-changing decisions. Your freedom is our priority.

Call us at 813-281-2897 or contact us online to schedule a free consultation with a Tampa criminal defense attorney who will stand by your side.

Understanding Florida DUI Penalties

Florida imposes increasingly severe penalties for DUI convictions, with consequences that extend far beyond fines and jail time. Penalties increase with each conviction, and certain aggravating factors significantly increase penalties even for first-time offenders.

First DUI in Florida

Under Florida law, a first DUI offense carries fines between $500 and $1,000, though penalties increase significantly if your blood alcohol level was .15 or higher or if a minor was in your vehicle. You might face up to six months in jail under Fla. Stat. § 316.193(2)(a), though jail time isn’t always required for first offenses without aggravating factors.

Your license gets suspended for a minimum of 180 days up to one year upon conviction. The court requires DUI school, substance abuse evaluation, and any recommended treatment.

An ignition interlock device is mandatory for at least six months in cases involving BAC of .15 or higher or a minor in the vehicle, and your vehicle faces a 10-day impoundment.

Second DUI Florida Penalties

Under Florida law, fines range from $1,000 to $2,000, increasing to $2,000 to $4,000 if your BAC was .15 or higher or a minor was present. Florida law imposes mandatory jail time of at least 10 days if the second offense occurs within five years.

The court orders an ignition interlock device for at least two continuous years. Your vehicle gets impounded for 30 days.

License revocation potentially lasts up to five years.

Third and Fourth DUI Charges

Under Fla. Stat. § 316.193(2)(b), a third DUI within 10 years becomes a third-degree felony, carrying mandatory jail time of at least 30 days and up to five years in prison. Your license gets revoked for 10 years, and you face a minimum two-year ignition interlock requirement plus 90-day vehicle immobilization.

Fourth DUI convictions result in license revocation, with limited eligibility for hardship consideration after five years under Florida law.

DUI With Injury or Death

DUI manslaughter convictions carry a mandatory minimum prison sentence of four years. As of October 1, 2025, drivers convicted of DUI manslaughter or vehicular homicide who have a prior such conviction now face double maximum penalties under Trenton’s Law.

If you leave the scene after causing injury or death while driving under the influence, you face first-degree felony charges.

Tampa DUI License Suspension and Your Driving Privileges

Your license faces two separate suspension threats after a DUI arrest—one administrative through the DHSMV, one criminal through the court system. Understanding both processes is critical to protecting your ability to drive.

How Administrative Suspensions Work

The Florida Department of Highway Safety and Motor Vehicles suspends your license automatically when you’re arrested for DUI. This happens whether or not you’re eventually convicted in criminal court.

First-time offenders over 21 with a BAC of .08 or above face a six-month administrative suspension. You have only 10 days from your arrest to request a formal review hearing.

Missing this deadline means automatic suspension. At the hearing, a Tampa DUI lawyer may challenge the legal basis for your arrest and test result accuracy.

Eligibility for Hardship Licenses

You might qualify for a hardship license—also called a business purposes license—which lets you drive to work, school, medical appointments, and church. Requirements include enrolling in DUI school and serving a minimum suspension period.

Our attorney helps you navigate this application process to restore limited driving privileges as quickly as possible.

What to Do After a DUI Arrest in Tampa

Once you are home and able to review what happened, take the following steps:

• Preserve all arrest documentation, including citations, bond paperwork, and notices from law enforcement
• Write detailed notes about the arrest circumstances while memories remain fresh, including weather conditions and road surfaces
• Gather contact information for any witnesses who observed the traffic stop or your behavior
• Schedule your free consultation with our Tampa DUI attorney within 24-48 hours
• Request copies of police reports, dashcam footage, and body camera recordings through your attorney
• Avoid posting anything on social media about the incident, your whereabouts that evening, or your legal situation

Florida Implied Consent Law and Breath Test Refusal

When you drive in Florida, you automatically consent to submit to chemical testing if arrested for DUI. This applies to everyone who operates a vehicle on Florida roads.

What the Law Requires

Officers must have reasonable cause to believe you were driving under the influence before requesting testing. Testing must happen after a lawful arrest.

Under Fla. Stat. § 322.2615, refusing a test results in a one-year license suspension for a first refusal, or 18 months if you’ve previously refused testing. Officers are now required to advise drivers that refusal may result not only in administrative suspension but also criminal prosecution, as mandated by recent statutory reforms.

As of October 1, 2025, refusing a lawful breath or urine test even once is now a second-degree misdemeanor under Trenton’s Law, subject to up to 60 days in jail and a $500 fine, plus a one-year license suspension. A second or subsequent refusal remains a first-degree misdemeanor, carrying up to one year in jail and $1,000 fine, and an 18-month suspension.

How Taracks & Associates Fights Tampa DUI Charges

Every arrest involves multiple steps, during which mistakes can occur, procedures may be violated, and evidence can become questionable. Our former prosecutor experience means we know exactly where to look for weaknesses.

We employ comprehensive defense strategies tailored to the specific circumstances of your case. These defenses commonly apply in DUI cases:

• Challenging the legal basis for the initial traffic stop by analyzing whether officers had reasonable suspicion
• Examining all video evidence from dashcams, body cameras, and surveillance footage for inconsistencies with police reports
• Questioning the administration and reliability of field sobriety tests based on environmental conditions and proper procedures
• Investigating Breathalyzer maintenance records, calibration logs, and observation period compliance
• Hiring toxicology experts to testify about rising blood alcohol levels and absorption timing
• Filing motions to suppress illegally obtained evidence or statements made without proper Miranda warnings

To discuss how these strategies may apply to your case, call 813-281-2897 or contact us online for a free consultation.

Challenging the Traffic Stop

Police need probable cause to stop your vehicle for a suspected DUI. We scrutinize the stated reason for pulling you over.

If the stop lacked legal justification, all evidence gathered afterward might be suppressed. Dashcam and bodycam footage may contradict police reports. We obtain and analyze all video evidence thoroughly.

Field Sobriety Test Defenses

Field sobriety tests are subjective and affected by various factors, including medical conditions, weather conditions, or fatigue. Fatigue, allergies, or stress may cause symptoms like bloodshot eyes or appearing unsteady—symptoms officers might interpret as intoxication.

Tampa law enforcement must follow strict guidelines when conducting field sobriety tests. Officers need proper training and must consider your age, weight, and physical limitations.

Testing on uneven pavement, in poor lighting, or during bad weather undermines the reliability of results.

Breathalyzer and Chemical Test Challenges

Breathalyzer equipment needs proper maintenance and calibration, and residual alcohol from mouthwash or breath spray can falsely inflate BAC levels. Medical conditions like acid reflux or diabetes may also interfere with test accuracy.

Florida requires a 20-minute observation period under Fla. Admin. Code R. 11D-8.007 to prevent mouth alcohol contamination. If officers skipped this observation period, results become questionable.

Your BAC continues rising after you stop drinking. Tests administered an hour after you stopped driving might show a higher BAC than you actually had while behind the wheel.

FAQ for Tampa DUI Lawyers

How serious is a DUI charge in Tampa?

DUI charges in Tampa carry life-changing consequences beyond immediate legal penalties. Florida DHSMV policy keeps DUI convictions on your driving record for 75 years. This permanent record affects employment opportunities, professional licenses, insurance rates, housing applications, and educational programs.

The social and financial costs often exceed direct legal penalties. Fighting charges aggressively from day one is critical to avoiding these permanent consequences.

What happens during the first 48 hours after a DUI arrest in Tampa?

The first 48 hours involve critical deadlines and decisions. You’re typically released on bond and receive a temporary driving permit that is valid for 10 days.

During this period, you must decide whether to request a formal DHSMV review hearing—your only opportunity to challenge the administrative suspension. You should contact a Tampa DUI attorney immediately to preserve evidence before it’s destroyed.

Police dashcam footage often gets overwritten after 30-60 days. Witnesses’ memories fade quickly. The sooner we begin investigating, the stronger your defense becomes.

Can I get a DUI dismissed if the officer made procedural mistakes?

Procedural mistakes can affect whether certain evidence is allowed in court. Common mistakes include failing to establish reasonable suspicion for the stop, not observing you for the required 20 minutes before breath testing, using improperly maintained equipment, or conducting field sobriety tests on unsuitable surfaces.

If violations are significant enough to exclude critical evidence, prosecutors might lack sufficient proof to proceed. However, not every mistake leads to dismissal. Our Tampa DUI lawyer evaluates which violations meaningfully impact your case and files appropriate motions.

Does a DUI conviction in Florida affect professional licenses?

Many professional licensing boards impose discipline for DUI convictions. Nurses, teachers, commercial drivers, pilots, attorneys, doctors, and real estate agents face potential license suspension, probation, or revocation.

Some boards require self-reporting within specific timeframes, while others discover convictions through background checks. The severity of licensing consequences depends on your profession, the circumstances of your DUI, and whether you have prior disciplinary history. Fighting the criminal charges protects both your freedom and your career.

What’s the difference between DUI and reckless driving in Florida?

DUI and reckless driving are separate charges under Florida law with different consequences. DUI specifically involves driving while impaired by alcohol or drugs, while reckless driving means willfully disregarding safety without impairment.

Reckless driving is a lesser charge that doesn’t appear as an alcohol-related offense on your record. In some cases, our Tampa DUI attorney may negotiate with prosecutors to reduce DUI charges to reckless driving. This plea bargain eliminates the mandatory DUI penalties, avoids the permanent alcohol-related driving record, and significantly reduces long-term consequences.

Contact Our Tampa DUI Defense Team Today

At Taracks & Associates, we’ve spent over 30 years fighting for people facing criminal charges in Tampa and Hillsborough County. Our founding attorney’s former prosecutor experience gives us unique insight into how the state builds cases—and how to dismantle them.

We’ve handled more than 185 jury trials and helped more than 10,000 people. Tough cases don’t intimidate us; they motivate us. Your freedom is our priority. We explain every step in plain English and focus intensely on staying responsive.

We offer free initial consultations because everyone facing criminal charges needs to understand their options. Whether this is your first arrest or you’re facing repeat charges, whether you submitted to testing or refused it—we’re ready to fight for you.

Call us today at 813-281-2897 or contact us online. Time matters in DUI cases. The sooner we start working on your defense, the more options we have to protect your rights and your future.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.