Arrested for DUI in Tampa: What Happens Next
A DUI arrest in Tampa tends to happen quickly and then slow to a crawl. There is a traffic stop, a crash, or a checkpoint, and a few minutes of questions at the roadside. Then come hours at the jail, a release with a stack of paperwork, and a long list of questions nobody seems to answer.
What many people don’t realize is that a DUI arrest in Tampa usually sets two separate processes in motion at once. One is the criminal case in court. The other concerns the driver’s license, and it runs on its own clock. Attorney Ron Frey has handled many DUI cases in Hillsborough, Pinellas, and throughout Florida. (See our page on DUI and traffic defense in Tampa.)
The Night of the Arrest
A DUI investigation usually involves questions from the officer, roadside field sobriety exercises, and a request for a breath, blood, or urine test. Officers write up what they say they saw, smelled, and heard. Much of it may also be recorded on body-worn or in-car cameras.
After the arrest, the person is taken to jail for booking. Depending on the circumstances, they may be released on bond fairly soon or held until a judge addresses release. (We walk through that first day in our post on first appearance in Hillsborough County.) Questions from officers do not stop at the roadside, either, which is why talking with a lawyer early matters. (See What if They Don’t Read Me My Miranda Rights?.)
Two Tracks: The Court Case and the License
The criminal case. Prosecutors decide what to file, and the case moves through arraignment, the exchange of evidence, motions, negotiations, and possibly trial. DUI charges are usually misdemeanors heard in county court, though certain circumstances can make a DUI a felony.
The license. In many DUI arrests, the officer suspends the driver’s license at the scene on behalf of the Florida Department of Highway Safety and Motor Vehicles. That usually happens when a breath or blood test shows a result at or above the legal limit, or when a driver is accused of refusing a test. The paperwork can serve as a temporary permit for a limited time.
These tracks are separate. According to the department, the outcome of the criminal case does not affect the administrative suspension. Someone can do well in court and still have a license problem, or the other way around.
The Short License Deadline
This is the part people miss. After a DUI arrest in Tampa where the license was suspended, Florida gives the driver only a short window, generally 10 days, to ask the department to review that suspension or to pursue other options for the license.
Ten days goes by fast when someone is also dealing with a court date, a job, and the shock of the arrest. That window is one of the main reasons we urge people to call right away. We aren’t going to walk through the review options here, because the right choice depends on the facts, the driving record, and what the person needs a license for.
What the Defense Looks At
A DUI charge is an allegation, and the evidence behind it deserves a close look. Questions a defense lawyer typically asks include:
- Was there a lawful reason for the stop in the first place?
- What do the videos show, and do they match the written report?
- How were the field sobriety exercises explained and scored, and under what conditions?
- Were breath or blood tests handled and documented the way the rules require?
- Was any evidence lost, overwritten, or never collected?
Video gets special attention in our office. A camera can confirm an officer’s account, or it can tell a very different story. We have written about police who rely on video but fail to preserve it, about license plate reader evidence in Hillsborough, and earlier about the Sheriff’s body cameras in Tampa. In DUI cases, those questions come up constantly.
Local Programs and Practices
Hillsborough’s State Attorney’s Office has offered approaches for certain first-time DUI cases, but program terms and availability change, and each case is evaluated on its own. Getting into a program, when one is available, often takes careful negotiation. Pinellas cases, from St. Petersburg, Clearwater, and the rest of the county, go through a different State Attorney’s Office with its own practices. (For first-time offenders more generally, see our post on Hillsborough pretrial intervention.)
Whether a program fits a particular case, and whether it is wise to pursue one rather than challenge the evidence, depends on the details. That is a decision to make with a lawyer who has reviewed the reports and the video. (Our Hillsborough County and Pinellas County pages have more on local courts.)
Why the First Few Days Count
DUI cases can feel routine to the system. They never feel routine to the person charged. A conviction can affect a license, insurance, a job that involves driving, and a professional license. The early days set up everything else: the license window, the request for video before it is overwritten, and the first look at whether the stop and the arrest hold up.
Frequently Asked Questions
Is my license suspended right away after a DUI arrest?
In many cases, yes. The officer can suspend it at the scene, and the paperwork usually acts as a temporary permit for a short time.
How long do I have to challenge the suspension?
Generally 10 days. Because it is so short, call a lawyer quickly.
If the criminal case goes my way, does my license come back?
Not automatically. The license suspension and the court case are handled separately.
Is a first DUI a misdemeanor?
Usually, though certain circumstances can raise the charge.
Arrested for DUI in Tampa or St. Pete? Let’s Talk.
If you would like to speak with an experienced criminal defense lawyer about a DUI arrest or license suspension in Hillsborough, Pinellas, or elsewhere in Florida, or you have further questions, don’t hesitate to contact Attorney Ron Frey of The Frey Law Firm, LLC. Your consultation is free and confidential. You can talk with us by phone, by video, or at our Tampa office, and when the situation calls for it, we can come to you.
Call or text (813) 775-2276. Rapid response, 24/7.
This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.
Laws on DUI and driver’s license suspensions are changing quickly, and how they apply depends on the facts of each case and on how courts interpret them. Please don’t rely on this post, or on any other information online, to make decisions about your situation. Talk with a lawyer.