Experienced Tampa DUI Lawyer
Getting behind the wheel of a motor vehicle after consuming an alcoholic beverage or another impairing substance isn’t just dangerous; it may also be illegal. Driving under the influence, or DUI, is harshly prosecuted in Tampa in an effort to reduce drunk driving and make our roads safer. If you have been charged with a DUI, you need a Tampa DUI lawyer working on your case. At the law office of Trombley & Hanes, our Tampa DUI lawyers can start building your case immediately. Call us today to learn more about your options and what to do when facing DUI charges.
DUIs have varying levels of severity based on factual circumstances such as the level of blood alcohol or breath alcohol, whether the incident involved injury or an accident, whether children were present inside the vehicle, and whether the driver has prior DUI convictions.
Additionally, upon arrest for a DUI offense the Department of Motor Vehicles will take prompt action to suspend your license. Again, depending on the factual circumstances of the case the suspension could range from six months, a year, eighteen months or longer and could include thirty or ninety day “hard suspension” periods preventing you from driving for any reason.
What Constitutes a DUI?
Many people believe that they can operate a motor vehicle after consuming alcohol or another impairing substance so long as their blood alcohol concentration is under .08 percent. This is a common misconception; instead, the law explains that driving under the influence occurs when a person is under the influence of alcoholic beverages, chemical substances, or controlled substances and they have a blood/breath alcohol level of .08 percent or above or there is “impairment of normal faculties.” As such, the prosecution does not have to have the results of a breathalyzer in order to secure a conviction; it need only prove that faculties were impaired.
Penalties for DUI in Tampa
As found in Florida Statutes Section 316.193, a first conviction DUI can be penalized by a fine of between $500-$1,000, a license revocation of between 180 days and one year, and jail time of up to six months. Secondary and subsequent DUI offenses are punished more harshly.
Examining the Evidence in a Florida DUI Arrest
In Florida, DUI convictions often rely heavily on the arresting officer’s observations, field sobriety tests, and chemical testing results. At Trombley & Hanes, our Tampa DUI defense attorneys conduct a thorough review of how the traffic stop was initiated, how sobriety tests were administered, and whether the breath or blood tests met the stringent standards set by Florida law.
According to Florida Administrative Code Rule 11D-8, all breath testing devices must be properly maintained and calibrated, and the technician must adhere to precise protocols. Failure to comply with these procedures can render test results unreliable or inadmissible in court. We investigate these details closely, as well as body cam and dash cam footage, to identify inconsistencies that may benefit your defense.
DUI Charges Involving Accidents, Injuries, or Death
Florida law enhances DUI penalties when a crash causes injury, death, or significant property damage. Under Florida Statutes § 316.193(3), if a DUI results in serious bodily injury, the charge may be elevated to a third-degree felony. If a fatality occurs, the driver could face DUI manslaughter charges, a second-degree felony with a mandatory minimum sentence of four years in prison.
Trombley & Hanes has decades of experience defending clients in high-stakes DUI cases, including those involving accident investigations and forensic evidence. We consult medical, toxicology, and accident reconstruction experts to challenge allegations of impairment and fault.
Professional Consequences of a DUI in Florida
Many of our clients are licensed professionals in fields like medicine, education, law, and commercial driving. A Florida DUI conviction can trigger mandatory reporting requirements to licensing boards, potential suspension of a CDL, and disciplinary action that threatens a client’s career and livelihood.
Florida’s Department of Business and Professional Regulation (DBPR), the Florida Bar, and other credentialing bodies may take swift action once a conviction is entered. At Trombley & Hanes, we understand how to build a defense strategy that protects not only your legal rights, but also your professional standing.
Out-of-State Drivers Arrested for DUI in Florida
Florida attracts millions of visitors each year, and many out-of-state drivers are unaware of how strict the state’s DUI laws can be. If you are visiting from another state and get arrested for DUI in Florida, your case will still be prosecuted under Florida law, and the penalties can follow you back home.
The Florida Department of Highway Safety and Motor Vehicles shares information with other states through the Driver License Compact. This means your home state may take action against your license based on the outcome of your Florida DUI case. Trombley & Hanes routinely represents non-residents arrested for DUI while traveling through Hillsborough or surrounding counties, helping them manage legal obligations and limit the disruption to their lives.
Florida DHSMV Hearings and License Suspension
After a DUI arrest in Florida, the Department of Highway Safety and Motor Vehicles (DHSMV) can impose an administrative license suspension—independent of the court case.
You only have 10 days from the date of arrest to request a formal review hearing to challenge the suspension.
Depending on your specific circumstances, you may qualify for a hardship license that permits limited driving for work or school purposes. Our attorneys help clients navigate these administrative proceedings alongside the criminal process to preserve driving privileges whenever possible.
Florida DUI Checkpoints and Your Rights
Florida law allows for sobriety checkpoints, where law enforcement officers can briefly stop vehicles to check for signs of impairment. However, these checkpoints must adhere to strict legal guidelines, including providing advanced public notice and employing a neutral, pre-established method for stopping vehicles.
If your DUI arrest occurred at a checkpoint, our attorneys will review whether the stop met constitutional requirements. Any deviation from required procedures can serve as grounds to challenge the evidence and potentially lead to the dismissal of the charges.
Prescription Drugs and DUI Charges in Florida
Many drivers are surprised to learn that they can be arrested for DUI in Florida even if they have not consumed alcohol. Driving under the influence of prescription medications, such as anti-anxiety drugs, sleep aids, or painkillers, can still result in criminal charges if those substances impair your ability to operate a vehicle.
At Trombley & Hanes, we evaluate whether our clients were adequately informed about the side effects of their medications and whether those medications contributed to their impairment. We collaborate with pharmacological experts to establish a defense grounded in science and fact.
How a Tampa DUI Lawyer Can Help
If you are facing DUI charges in Florida, our Tampa DUI attorneys can help. We’ll work with you to ensure you understand the charges you’re facing and the potential consequences of a conviction. We’ll also work hard to build your defense. Some potential defenses to DUI charges include:
- Not intoxicated—If there is no proof that you were intoxicated, charges against you may be reduced or dropped altogether.
- Improper stop—police must have reasonable suspicion to make a traffic stop. If there was none, evidence seized against you may be unlawful.
- Improper breathalyzer administration or result—if a breathalyzer is improperly administered or if there is a defect with the breathalyzer, results should not be submitted to court.
Our responsibility is to make sure that your Constitutional rights are upheld throughout the process and that you secure the best case outcome possible. Our lawyers can also represent you in negotiating a plea bargain.
We Also Focus on the Following Practice Areas:
- Bankruptcy Adversary Proceedings
- Cryptocurrency Fraud
- Conspiracies
- Durable Medical Equipment Fraud
- Drug Crime
- Extradition
- Forfeiture Proceedings
- Juvenile Crime
- Racketeering
- Theft
Call Our Tampa, Florida DUI Defense Lawyers Today
At the law office of Trombley & Hanes, we know how significantly a DUI conviction can impact your future. If you are facing DUI charges, one of the best things that you can do for yourself is to secure legal representation from a qualified Tampa DUI attorney as soon as possible. The Tampa DUI lawyers at Trombley & Hanes, P.A. have defended numerous DUI cases and represented current and former NFL, MLB, NBA, and NHL athletes against DUI charges in Hillsborough and Pinellas Counties. To learn more about our Tampa DUI lawyers and how we can help, call us as soon as possible after being arrested and charged.
