DUI CRIMINAL LAW ATTORNEYS
Why is it important to contact a lawyer right away if I am accused of a crime?
DUI law in Florida makes it a criminal offense to operate a vehicle with a blood alcohol level of .08 or higher, or while impaired by drugs or alcohol. A DUI arrest triggers two separate processes: a criminal case and an administrative driver’s license suspension. The license suspension begins automatically 10 days after arrest for drivers who either fail a breath test or refuse testing. A formal review of the suspension must be requested within that 10-day window to preserve driving privileges. First-time DUI convictions carry a minimum 6-month license suspension, rising to one year for breath test refusal. Hardship permits may be available to allow limited driving during the suspension period. McFarland Gould Law Firm represents Tampa Bay residents facing DUI and criminal charges, offering free initial consultations and defending clients’ constitutional rights at every stage. Call 727-461-1111.
Board Certified attorney Philip G. Dragonetti leads DUI and criminal defense representation at McFarland Gould, recognized by the National Trial Lawyers Top 100.
Even after an arrest, the State Attorney’s Office decides separately whether to formally file charges, often after its own investigation. Cases without an arrest can still be forwarded to the State for review. Having an attorney contact witnesses and present your side during this early stage matters, because without it, the prosecutor sees the incident only through the arresting officer’s report.
What if I think the police violated my rights?
If your Constitutional rights were violated and an appropriate motion to suppress is filed, the Judge may throw out some or all of the evidence against you. Did the police have a valid reason to stop you? Did they have the right to detain you? Did they have probable cause to arrest you? Was their search of your person, belongings, vehicle, or home justified? Did they read you your Miranda warnings before interrogating you? Many people do not realize when their Constitutional rights have been violated. This is why it’s crucial to have a lawyer review all the details of your case.
Is there a fee for the initial consultation?
No. If you have questions, We will review your case with you without charge.
DUI FAQS
Why is it especially important to call a Lawyer within 10 days of a DUI arrest?
A request for a formal review of the suspension of your driver’s license MUST be made within 10 days of your arrest. If you miss this deadline, your right to contest your suspension WILL be waived and the suspension will begin after the 10th day. A lawyer can file the appropriate paperwork to protect your rights and fight the suspension. Drivers with first time DUI arrests who choose not to request a formal review of their suspension can get an immediate hardship license that avoids the 30 day “hard” suspension, described below, entirely if requested within the 10 days.
Why is it important to request a formal review hearing and subpoena the officers to testify?
At a formal review hearing, your attorney will contest the suspension and try to uncover any mistakes made by the officers that will invalidate the suspension. The hearing also enables your attorney to question the officers to determine if any of your Constitutional rights were violated (see above) which also may lead to an invalidation of the suspension. The testimony of the officers that is placed on the record can then be transcribed and used again later in a motion to suppress if the officers try to “clean up” their story.
If I am arrested for a DUI, will my drivers license be suspended and for how long?
A DUI can cause both the Department of Motor Vehicles and the court to suspend your drivers license. If the results of your breath test were .08 or above or if you refused to blow, the Department of Motor Vehicles will attempt to suspend your license starting 10 days after your arrest. If you are convicted of a DUI, the court will suspend your license again. For the first DUI, your license will be suspended for 6 months, or one year if you refused to blow. The suspension periods for subsequent DUIs can range from 1 year to life.
Can hiring a lawyer prevent the immediate suspension of my license?
Yes. If your attorney requests a review of the suspension within 10 days, the Department of Motor Vehicles will grant you a hardship permit (if you are otherwise eligible) that will be valid until approximately a week after the hearing. If this is your first DUI you may waive the review of the suspension and get a hardship permit.
Can I get hardship license?
A 30 day “hard’ suspension (90 days for a refusal) begins either after the first 10 days following the arrest, or after the initial hardship permit expires after the formal review hearing. During the “hard” suspension you may not drive for any purpose. On a first DUI, after the hard suspension runs, you may apply for a hardship permit after several conditions are met. Typically, the department will grant you a business purposes only hardship license. If you have a prior DUI conviction, hardship permits are only granted in certain circumstances. However, if this is your first DUI, and you requested a hardship license within the first 10 days instead of contesting the suspension, there will be no “hard” suspension and you can avoid missing a single day of driving to work. To elect this option you must have enrolled in DUI school.
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Frequently Asked Questions
What are the penalties for a first DUI offense in Florida?
A first DUI conviction in Florida can result in fines ranging from $500 to $1,000, up to six months in jail, probation, mandatory DUI school, community service, and a driver’s license suspension of six months to one year. If there was a minor in the vehicle or a blood alcohol level of 0.15 or higher, penalties increase. An attorney can evaluate whether defenses exist that may reduce or eliminate these consequences.
Can a DUI charge be reduced or dismissed in Florida?
Yes, in some cases a DUI charge can be reduced to reckless driving or dismissed entirely, depending on the facts. Potential issues with the traffic stop, breath test administration, field sobriety testing procedures, or officer conduct can be used to challenge the prosecution’s case. An experienced criminal defense attorney can review the specifics of your arrest to identify weaknesses in the evidence.
What should I do if I am arrested for DUI in Florida?
Remain calm and cooperative with law enforcement. Do not make statements about how much you had to drink. Contact a DUI defense attorney as soon as possible. In Florida, you have a limited window, typically 10 days, to request a formal review hearing to contest your license suspension. Missing this deadline can result in an automatic suspension regardless of the outcome of your criminal case.
Will a DUI conviction stay on my record in Florida?
In Florida, a DUI conviction cannot be expunged or sealed. It becomes a permanent part of your criminal record and can affect employment, professional licensing, insurance rates, and immigration status. This makes fighting the charge with experienced legal counsel especially important.
Can I refuse a breathalyzer test in Florida?
You have the right to refuse a breath, blood, or urine test in Florida, but refusal carries consequences. A first refusal results in a one-year license suspension. A second refusal is a first-degree misdemeanor and carries an 18-month suspension. Prosecutors can also use your refusal as evidence at trial. An attorney can advise you on the implications based on your specific situation.
How does a criminal defense attorney help in a DUI or criminal case?
A defense attorney reviews all evidence, challenges improper stops or searches, negotiates with prosecutors for reduced charges or diversion programs, prepares defenses for trial, and advocates for the best possible outcome at sentencing. Early involvement by an attorney gives you the best opportunity to protect your rights and minimize the impact on your life.
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1659 Achieva Way
Suite 128
Dunedin Florida 34698
Suite 128
Dunedin Florida 34698
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260 1st Ave S
Saint Petersburg, FL
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28210 Paseo Dr
Suite 190
Wesley Chapel, FL
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6230 Lafayette St
New Port Richey, FL
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1646 W Snow Ave
Tampa, FL
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6944 W Linebaugh Ave
Suite 102
Tampa, FL
