Tampa DUI Lawyer

Driving under the influence (DUI) of alcohol or drugs is a serious criminal offense in Tampa and is a frequently prosecuted crime in Florida each year. It is also a common cause of serious accidents, meaning it’s possible for a DUI driver to face criminal and civil penalties for their actions. If you are facing a DUI charge, it is crucial to understand your rights and speak with a Tampa DUI lawyer as quickly as possible after your arrest.

Facing DUI Charges? We Have Criminal Defense Counselors With Experience Ready to Take Your Case

The attorneys at Amarosa Law Firm, P.A., have extensive experience defending clients from all kinds of criminal charges in Tampa and surrounding areas of Florida, including DUI. Our attorneys know that it can be confusing and distressing to be arrested for any offense, and the steps you take immediately after the arrest are crucial.

We are confident we can provide the level of defense representation you need in this difficult situation. In every case we accept, our goal is to help our client reach the optimal outcome, and trust us to do everything we can to help you avoid conviction if possible or mitigate your penalties if necessary. We believe in client-focused defense counsel and will do everything we can to protect your rights as your case unfolds.

Do not assume that you can defend yourself against DUI charges on your own, even if you know you were wrongfully arrested and did not break the law. Many people throughout the United States each year face convictions for crimes they did not commit due to a lack of legal representation. You have the right to an attorney, and it is important to fully exercise this right regardless of whether you know you are innocent or you did break the law.

Understand Your Rights After an Arrest for DUI in Tampa

Every American has two very important constitutional rights that come into effect upon an arrest for any criminal offense:

1. The Fifth Amendment protects against self-incrimination. You cannot be forced to act as a witness against yourself in any criminal case, meaning you have the right to remain silent and are not obligated to answer any of the arresting officer’s questions.
2. The Sixth Amendment ensures your right to legal counsel. You have the right to an attorney, and you should remain silent while in police custody until you have the opportunity to talk to a Tampa DUI lawyer.

When the police arrest someone for any criminal offense, they are required to read the arrested individual their Miranda rights. This is a brief explanation of their constitutional rights in this situation, and failure to read them their Miranda rights is a serious due process violation. Once you are in police custody, comply politely with the arresting officer’s instructions so you are not also charged with resisting arrest or obstruction, but say nothing until you can talk to a lawyer.

Police in Tampa and throughout Florida must respect your rights once they have taken you into custody, and there are also strict rules they must follow in conducting an arrest, gathering evidence, searching a suspect and their property, and filing police reports. If you experience what you believe to be any type of violation of your civil or constitutional rights, be sure to tell your defense lawyer immediately.

Understanding the Dangers of DUI

Tampa has a very active nightlife scene, and due to the large number of bars and clubs in the area, intoxicated driving is unfortunately common. The National Highway Traffic Safety Administration (NHTSA) reported more than 13,000 deaths from alcohol-related vehicle accidents in 2022, and there have been many laws enacted at the state level throughout the country intending to reduce the number of injuries and fatalities from DUI accidents.

Florida Health reported that Hillsborough County had a significantly higher fatality rate from DUI accidents than the Florida average. The County reported 2.3 deaths per 100,000 residents, compared to a statewide average of 1.9 deaths per 100,000. Police in Tampa and throughout Hillsborough County are alert for signs of impaired drivers and are quick to conduct traffic stops for suspected DUIs. However, it sometimes leads to false arrests and complex criminal cases.

Police in Tampa and throughout Hillsborough County are vigilant for signs of intoxicated driving. In fact, police conducted 11 arrests for DUI in just a single night in 2023, and similar arrest patterns have occurred throughout the area recently.

When the police conduct a traffic stop for a suspected DUI, they must establish probable cause to conduct the traffic stop in the first place. A recently dismissed case in January of 2025 involving a woman suspected of DUI when she crashed a golf cart into a parked car is indicative of the procedural rules the police must follow when making DUI arrests.

The police may observe a moving violation, such as speeding or running a red light, or they may observe erratic driving, such as swerving or driving slowly enough to impede surrounding traffic. Once they conduct a stop, they must establish reasonable suspicion to arrest the driver for DUI.

Police officers must establish probable cause and reasonable suspicion to arrest a driver for suspected DUI. It is important for drivers to remember that the police may request them to perform field sobriety tests, but these are not covered by Florida’s implied consent law. However, after a lawful arrest for DUI, the implied consent law applies to chemical testing for DUI. If the driver refuses this test, they face severe automatic penalties.

A police officer may request that a driver perform a sobriety test in the field, but agreeing to this could mean giving the officer probable cause to arrest you for DUI, even if you are not intoxicated. Some of these field sobriety tests are difficult for even people who are sober to complete, so it is important to understand Florida’s implied consent law for DUI testing and how it applies to your situation. If you believe your arrest was wrongful, speak to a defense lawyer right away.

Possible DUI Penalties in Florida

Florida law defines DUI as any operation of a motor vehicle while intoxicated by drugs or alcohol. The state uses the blood-alcohol concentration (BAC) measurement system to determine whether a driver is impaired by alcohol, enforcing a legal limit of 0.08% BAC for most drivers. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) enforces strict penalties for DUI violations, and it is important to know what could be at stake in your case.

Almost every DUI conviction in Florida will result in a fine. The severity of the fine depends on whether the defendant has prior convictions for DUI and other variables:

• A first DUI conviction will often lead to a fine between $500 and $1,000. The fine can increase if the defendant had a minor in the vehicle or if their BAC was 0.15% or higher, ranging from $1,000 to $2,000.
• A second DUI conviction can lead to a fine between $1,000 and $2,000. Again, the fine increases if the defendant has a minor in the vehicle or a BAC over 0.15%, ranging from $2,000 to $5,000.
• A third DUI conviction within 10 years of the second conviction results in a fine between $2,000 and $5,000. If the defendant had a minor in the vehicle or a BAC over 0.15%, the fine would be a minimum of $4,000.
• The minimum fine for a fourth or subsequent DUI conviction is no less than $2,000. Again, the fine increases to no less than $4,000 if the defendant had a BAC over 0.15% or a minor in the vehicle.

It is important for a defendant to remember that the fine can increase under other conditions, and they are also likely to face additional penalty assessments, court fees, and other financial effects of a DUI conviction. For example, their auto insurance premium will likely increase, leading to thousands more in insurance costs over the next several years.

In addition to fines, a DUI conviction can also lead to jail time. In some cases, a judge may be willing to consider alternatives. For example, if the defendant is charged for the first time and they did not injure or kill anyone, and the judge recognizes they struggle with a substance abuse disorder, the judge may order them to complete a residential alcoholism treatment program, crediting the time spent completing the program to what would have been jail time.

There is a scale for jail time penalties based on the number of prior offenses, just like fines:

• A first conviction can lead to up to six months in jail. If the defendant had a BAC over 0.15% or a minor in their vehicle, it could increase to nine months.
• A second conviction can result in up to nine months of jail time. If the defendant had a BAC over 0.15% or a minor in their vehicle, it could increase to 12 months. If the second conviction is within five years of the first conviction, the defendant faces mandatory imprisonment for a minimum of 10 days, 48 hours of which must be consecutive.
• For a third conviction within 10 years of the second, the defendant faces mandatory imprisonment of at least 30 days, a minimum of 48 hours of which must be consecutive. Jail time can increase to up to 12 months for a third DUI conviction in Florida.
• A fourth or subsequent DUI conviction can lead to jail time for up to five years.

In addition to fines and jail time, the defendant will also have their vehicle impounded. A first conviction will usually result in a 10-day impoundment, then 30 days for a second conviction within five years of the first, and then a 90-day impoundment for a third conviction within 10 years of the second.

The penalties for DUI also increase automatically when the defendant has caused an accident resulting in property damage, serious bodily injury, or death. This will usually qualify as a first-degree misdemeanor, and the defendant can face a fine of up to $1,000 or up to one year in jail, along with other penalties assigned by the sentencing judge. Additionally, the defendant will be liable for any civil damages caused to others.

Repeat offenders who cause accidents face even harsher penalties. Anyone convicted of a third DUI within 10 years, a fourth DUI, or an accident resulting in serious bodily injury faces a third-degree felony charge, which can lead to a fine up to $5,000 and five years imprisonment.

Penalties can increase dramatically if a defendant causes a fatal injury. DUI manslaughter is a second-degree felony in Florida that can lead to fines of up to $10,000 and up to 15 years in prison.

Finally, in addition to fines and jail time, a convicted defendant will also face a driver’s license revocation based on their number of prior convictions and the other details of their case:

• For a first DUI conviction without causing injury, the defendant faces a driver’s license revocation of at least 180 days to a maximum of one year. If they cause injury, they face a minimum three-year revocation.
• A second offense within five years results in a mandatory five-year license revocation. Some defendants can qualify for a hardship reinstatement after one year. For a second conviction five or more years after the first, the same guidelines apply as a first offense.
• A third offense within 10 years of the second offense results in a minimum 10-year revocation, and the defendant may qualify for hardship reinstatement after two years. If the third offense occurs 10 years or more after the second, the same guidelines apply to the first offense.
• A fourth DUI conviction in Florida, regardless of the timing in relation to prior convictions, results in a mandatory permanent license revocation. The defendant may qualify for a hardship reinstatement after five years, but if they were incarcerated, this five-year period begins on the date of their release.
• Mandatory permanent license revocation also applies to DUI manslaughter convictions, and the defendant can qualify for hardship reinstatement after five years if they have no prior DUI convictions.

Ultimately, the penalties for any DUI conviction in Tampa can be severe, interfering with your life in many ways. Additionally, a criminal record can limit future employment opportunities, result in the loss of professional licenses you hold, and severely diminish your standing within your community. It is imperative that you have legal counsel on your side to defend you against the charges that have been filed against you.

Preparing Your Defense in a DUI Case

It is vital to exercise your constitutional rights after any arrest in Tampa. First, remain silent once you are placed under arrest and comply with instructions from the arresting officers until you are able to speak with a defense attorney. Once you have a Tampa DUI lawyer defending you, they can help you determine your most viable defensive strategies to minimize your risk of conviction.

In every criminal case in the United States, the prosecution has the burden of proof. They must prove beyond a reasonable doubt that the defendant committed the crime, and beyond a reasonable doubt is a much higher standard of proof than many people realize. The prosecution must obtain all of their evidence and witness testimony legally, and your defense attorney’s job is to prevent them from meeting this burden of proof.

Your Tampa DUI lawyer at the Amarosa Law Firm, P.A., can carefully review the police report of your arrest and closely examine the way the police handled the arrest. If you experienced any violation of your rights, if any evidence was obtained illegally, or if the police violated due process, these factors could significantly improve your defense.

Understanding Plea Bargaining in a Criminal Case

If a defendant is clearly guilty of a crime and the prosecution believes they have more than enough evidence to secure a conviction, they may offer a plea deal to the defendant. It is also possible that they may offer a plea deal if they are not convinced they can win at trial, hoping the defendant accepts the deal. Whatever the case may be, your defense attorney can explain whether accepting such a deal would suit your interests.

Generally, a plea deal exchanges the defendant’s immediate guilty plea for reduced penalties and/or dropped charges. A prosecutor may be willing to offer such terms to conserve courtroom resources and minimize the time they must spend on a case. If you are guilty of a DUI, a plea deal could make a significant difference in the severity of your penalties.

It is never a guarantee that a prosecutor will offer such a deal. If you face criminal court proceedings in the Hillsborough County Courthouse, it is imperative to have defense counsel on your side ready to protect your rights through all of these proceedings.

What to Expect From Your Tampa DUI Lawyer

When you hire the Amarosa Law Firm, P.A., to represent your defense in a DUI case, you will have a dedicated team of legal advocates ready to defend your rights throughout all stages of your criminal court proceedings. We are adept at dismantling prosecutors’ arguments, uncovering vulnerabilities in the evidence they present, and drafting compelling arguments on behalf of our clients.

We can handle pretrial motions and respond to motions from the prosecutor. During discovery, we can carefully examine all of the evidence they have compiled against you to ensure everything was obtained legally. Trust us to advise you whether accepting a plea deal would be beneficial or whether you need to fight the case in court. Our goal for every criminal defense case is to help our client avoid conviction if at all possible.

The first steps you take immediately following an arrest for DUI are crucial. It is essential that you speak with an experienced defense attorney at your first opportunity so they can immediately begin building your defense. The team at the Amarosa Law Firm, P.A., is ready to help you navigate your case, so reach out to us right away and learn how we can defend you against a DUI charge in Tampa.

FAQs

The attorneys at Amarosa Law Firm, P.A., can provide the guidance and support you need in the aftermath of a DUI arrest in Tampa. We have successfully helped many past clients navigate their cases and will do everything we can to protect your rights and help you reach a positive outcome. It is important to secure legal counsel as quickly as possible after an arrest for DUI, so contact us today to schedule your case review with an experienced Tampa DUI lawyer.