Tampa DUI Lawyer
If you were arrested for DUI in Tampa, the clock is already running. Florida law gives you 10 days from the date of arrest to request a formal hearing with the DHSMV. If you miss that deadline, the administrative license suspension goes into effect with no review. I am attorney Erica Irizarry and at Irizarry DUI & Criminal Defense PLLC, I represent clients facing DUI and DWI charges in Tampa and throughout Hillsborough, Polk, Pasco and Pinellas counties. My goal is to make sure you know exactly what you are up against and that you have someone moving on your case from day one.
What To Do After A DUI Arrest In Tampa
The first thing to understand is that a DUI case involves two separate tracks: the criminal charge and the administrative license suspension. Both have deadlines, and both require prompt attention. Here is what to do right away:
- Do not answer questions from law enforcement beyond providing your basic identification. You have the right to remain silent.
- Write down everything you remember about the stop, the field sobriety tests and anything said by the arresting officer.
- Request a formal DHSMV hearing within 10 days to preserve your driving privileges during the process.
- Do not give recorded statements to any insurance company or sign anything before speaking with an attorney.
Call me as soon as possible. The earlier I get involved, the more I can do before the first deadlines hit.
Florida DUI Penalties
DUI penalties in Florida increase with each offense. Understanding what you are facing from the start helps you make better decisions about your case. The key penalty ranges are:
- First offense: Up to six months in jail, fines between $500 and $1,000 and a license revocation of 180 days to one year
- Second offense within five years: Mandatory minimum of 10 days in jail, fines up to $2,000 and at least a five-year license revocation
- Third offense within 10 years: Up to five years in prison and a minimum 10-year license revocation
- Aggravated circumstances: A BAC of .15% or higher or a minor passenger in the vehicle raises the fine and jail ranges at every level
These are the baseline ranges. Specific facts of a case, including prior history and the circumstances of the stop, affect where within those ranges a charge may land.
When A DUI Becomes A Felony
Most DUI charges in Florida are misdemeanors, but the charge becomes a felony when a driver has two prior convictions with one occurring in the past 10 years, three or more prior convictions total, or when the offense caused serious injury or death. A felony DUI carries consequences well beyond the sentence, affecting employment, professional licenses and civil rights. If your charge is a felony DUI, contact me right away.
Breath Tests And Field Sobriety Tests
A breath test result above .08% does not end your options. Results can be challenged on equipment calibration, operator error and test conditions. Field sobriety test performance can be affected by medical conditions, road surface, footwear and how the officer gave instructions. I pull the full stop record, including dashcam footage and test administration logs, and go through all of it before deciding how to approach the case.
Frequently Asked Questions About DUI Charges In Tampa
Here are answers to questions I get often from people arrested for DUI in Tampa and Hillsborough County.
What should I do after a DUI arrest in Tampa?
Request a formal DHSMV hearing within 10 days of your arrest and contact a DUI defense attorney as soon as possible. Do not give recorded statements before speaking with an attorney. Evidence from the night of the arrest is most accessible early on, and early involvement gives me the most to work with.
Is a DUI in Florida a misdemeanor or a felony?
A first or second DUI is typically a misdemeanor. The charge becomes a felony with two prior convictions where one occurred in the past 10 years, three or more prior convictions total, or when the incident caused serious injury or death.
Can I lose my driver’s license after a DUI arrest in Florida?
Yes, and it can happen before your criminal case is resolved. Florida imposes an administrative suspension at the time of arrest, separate from any criminal penalties. You have 10 days to request a formal DHSMV review hearing. Missing that deadline means the suspension stands. A hardship license may be available depending on your situation.
Contact A Tampa DUI Lawyer Today
A DUI arrest moves fast and so do the deadlines. Call Irizarry DUI & Criminal Defense PLLC at 656-206-0609 or reach out through my contact form page to schedule a consultation. I will go through the facts of your case and tell you directly what your options are. Se habla español.