DUI Defenses

If you were arrested for driving under the influence (“DUI”) in Tampa, Hillsborough County, Florida, contact an experienced DUI Attorney in Tampa to discuss your case.

Call 813-250-0500 for a free, confidential consultation that can be scheduled today over the phone or in the office.

During your initial consultation, you can speak with an experienced DUI lawyer who can discuss the facts and circumstances of your case. During the consultation, you can learn more about how the criminal laws in Florida apply to your case.

We can help you determine which DUI defenses can be used in your case to fight the charges.  Under Florida’s criminal laws, DUI defenses can include the following:

  1. The breath test was not maintained in substantial compliance with the administrative rules;
  2. The refusal to submit to breath test occurred prior to an arrest;
  3. Prosecutor improperly issues a subpoena for medical records for blood test results;
  4. Exclusion of defendant’s statements because of the accident report privilege or the failure to read Miranda warnings;
  5. Motion to suppress an illegal stop which might include a DUI sobriety checkpoint;
  6. Motion to suppress evidence gathered as a result of a prolonged detention;
  7. Motion to suppress evidence gathered after an arrest made without probable cause of impairment, driving or being in actual physical control;
  8. Necessity;
  9. Duress;
  10. Police misconduct;
  11. Statute of limitations;
  12. Speedy trial violation;
  13. Insufficient Evidence; and
  14. Speedy Trial Violation.

Numerous defenses exist under Florida law for Driving Under the Influence cases, including DUI cases with a breath test result over 0.08, DUI refusal cases, and felony DUI cases.

For a first DUI offense, you might be eligible for the DUI RIDR program in Hillsborough County. If you complete RIDR’s enhanced conditions, your DUI will be reduced to reckless driving with a withhold of adjudication. As a result, you might be eligible to seal the entire criminal history record.

If you were arrested for DUI in Tampa, Hillsborough County, Florida, contact a DUI criminal defense attorney to discuss your case at 813-250-0500.

During your initial consultation, your attorney can tell you how various Florida DUI defenses and criminal laws may affect the outcome of your case.

Contact a Tampa DUI attorney focusing on DUI cases in Tampa and Plant City in Hillsborough County, Bartow in Polk County, St. Petersburg and Clearwater in Pinellas County, New Port Richey and Dade City in Pasco County, and Brooksville in Hernando County.

This article was last updated on Friday, June 28, 2019.


  1. c h
    Posted March 10, 2013 at 15:07 | Permalink | Reply

    I did take ambien. One night in last December I took my evening dose and planed on finishing my tv show and going to bed. The next thing I knew I was laid back in my car sleeping. I was awaken by a officer knocking on my window and shinning a light in my eyes. I was handcuffed a put in the police car. I started having trouble breathing and they called ems. I have a hx of chf. Im not sure how long I was in tampa general but my friend flew to n and planed for me to pick her up, she had no were to go. I told her I couldn’t sign out because I thought I was under arrest. She ended up calling the hillsbougho pd and they told her there were no charges against me. I signed out went and got my car and she and I went home. I had just moved back here from west virgina. I obtained a fl dl without a problem. This last Friday I got a letter from hillsboughro court for a arraignment date of april tenth. I looked it up and it says I have paid my citation and I have no memory of that. My current fl dl says it clear. After reading your explination of the process I need to see if you can represent me.

  2. RD Investigator
    Posted February 12, 2015 at 19:49 | Permalink | Reply

    There is a side effect of Ambien users sleep walking, raiding the refrigerator, having conversations and not recalling any of it.

    My first suggestion is to look at what you were charged with and are there any pending charges. What was the citation for that you did not recall paying? The Deputy may have been concerned about your safety and health and took you to Tampa General and not filed any charges, or they did not arrest you because they did not want to get stuck with the hospital bill, a common practice. I would suggest you have an attorney look into what happened, there had to be an incident report made by the Deputy. The Sheriff’s Office may have had a blood test performed at the hospital and are awaiting the results, depending where the keys were in the vehicle, you could be charged with physical control of a vehicle while under the influence of drugs or alcohol. You could do no better that Sammis law firm, they are very reputable and highly knowledgeable attorneys. If you are wondering, I do not work for them, I am a retired Detective with the Sheriff’s Office and I work as an Investigator for another attorney. I read this web site because of the tips and knowledge they represent.
    Also, I suggest you find a different sleeping aid, there have been lawsuits over the side effects of Ambien.

  3. Posted January 22, 2018 at 22:41 | Permalink | Reply

    i stay focused drinking wont do that need help focusing on a legit driver license..ive been without one for too long florida is holding me back.havent had a drink since 2002…

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