If you were arrested for DUI in Hillsborough County, you have 10 days to protect your driver’s license, and that clock started the day the officer issued the notice of suspension. As a former police academy instructor and a member of both the National College for DUI Defense and the DUI Defense Lawyers Association, I know how officers are trained to build a DUI arrest report and where those reports come apart. I founded The Brancato Law Firm, P.A., a Tampa criminal defense firm, after more than 25 years in Hillsborough County courtrooms and more than 150 jury trials to verdict. Our Tampa DUI defense attorneys start every case by filing the license review request, ordering the video, and screening the client for diversion, all inside that first 10-day window.

What is the timeline after a DUI arrest in Hillsborough County?

A Hillsborough County DUI case runs on two tracks at once: an administrative license case with the state motor vehicle department and a criminal case in county court. The license track moves fastest, with a 10-day deadline and a hearing within 30 days of the request. The criminal track usually takes months. Our attorneys work both tracks from the first week, and the table shows the major steps on each.

What happens in the first 24 hours after a DUI arrest in Tampa?

The first 24 hours cover the arrest, the chemical test request, booking, and release, and each step creates evidence our attorneys later obtain.

Arrest and the breath or urine test

After an arrest for DUI, the officer asks the driver to take a breath test. Under Florida’s implied consent law, section 316.1932, a person who drives in Florida is deemed to have consented to a breath test, and to a urine test for drugs, when lawfully arrested for DUI. Florida’s approved breath instrument is the Intoxilyzer 8000. When drugs are suspected, the officer may request urine or call a drug recognition expert. A warrantless blood draw is generally limited to drivers at a hospital or medical facility where a breath or urine test is impractical.

Booking and the 8-hour DUI hold

A person arrested for DUI in Hillsborough County is booked at the Orient Road Jail. Florida law bars release until one of three things happens: the person is no longer impaired, the breath- or blood-alcohol level drops below 0.05, or 8 hours have passed since the arrest, under section 316.193(9). Bond cannot speed up release while this hold is running.

Bond and first appearance

For most misdemeanor DUI arrests, the person can post a bond set by the statewide uniform bond schedule once the DUI hold ends, without waiting for a judge. Section 903.011 requires a judge to decide bail first in certain cases, including any second-degree felony such as DUI manslaughter and any arrest of a person already on pretrial release or probation for a felony. Anyone not released sees a judge at first appearance within 24 hours of arrest.

In Hillsborough County, the arrested person appears at first appearance by video from the jail while the judge and lawyers appear from downtown, and Hillsborough County does not offer pretrial services supervision as a release option, even though nearby counties do. That makes the bond and conditions set at first appearance the whole release decision, so our Hillsborough County criminal defense attorneys appear at that hearing to argue for reasonable terms. Our post on bond hearings in Tampa covers what happens when bond is set too high.

If the officer drew blood after a crash and did not make an arrest, charges may come weeks later, once the lab results return. That gap is the time for representation before charges are filed, when our attorneys can present the defense’s side to the State Attorney’s Office before a filing decision.

What is the 10-day deadline after a Florida DUI arrest?

The 10-day deadline is the time a driver has to challenge the administrative license suspension that the officer imposed at the arrest. Under section 322.2615, the driver may request a formal or informal review within 10 days after the notice of suspension is issued, and the temporary driving permit expires at midnight on the 10th day. The suspension runs 6 months for a first breath result of 0.08 or higher and 1 year for a first refusal.

The driver has three choices inside those 10 days:

1. Request a formal review hearing. A hearing officer from the Bureau of Administrative Reviews decides whether the officer had probable cause and whether the test result or refusal is valid. The defense can subpoena the arresting officer and the breath technician, and if either fails to appear under subpoena, the department must invalidate the suspension.
2. Request an informal review. The hearing officer reviews the paperwork without live witnesses.
3. Apply for a restricted license instead. Under section 322.271(7), a driver with no prior DUI conviction, no prior administrative suspension, and no prior CDL disqualification can seek a business-purposes license for the length of the suspension. Accepting it waives the formal and informal review.

The formal review hearing matters for more than the license. In Florida Department of Highway Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011), William Hernandez refused a breath test and lost his license, but the hearing officer would not consider his argument that the test request was not tied to a lawful arrest. The Florida Supreme Court held that the department cannot suspend a license for refusing a breath test unless the refusal followed a lawful arrest, and that the driver must be allowed to raise that issue. The lesson today: the license hearing is often the first place the stop and arrest get tested under oath, months before a criminal judge hears a motion to suppress.

These hearings are high volume. From July 1, 2023 through June 30, 2024, the Bureau of Administrative Reviews conducted 26,052 hearings and reviews from eight offices statewide while operating with a vacancy rate of about 50%, according to the department’s December 2024 Inspector General audit. Our firm subpoenas the officer, obtains the breath records, and uses the officer’s sworn answers later in the criminal case. Our post on protecting your Florida driver’s license after a DUI arrest explains how to weigh the hearing against the restricted license.

The license case and the criminal case do not control each other. The department’s DUI and administrative suspension guidance states that the outcome of the criminal case does not affect the suspension, so a later reduction or dismissal will not automatically restore the license.

What happens if you refused the breath or urine test?

Refusing a lawful breath or urine test in Florida now triggers both a license suspension and a separate criminal charge. Since Trenton’s Law took effect on October 1, 2025, a first refusal is a second-degree misdemeanor under section 316.1939, and a refusal by someone whose license was previously suspended for refusal is a first-degree misdemeanor. Section 316.1932 also makes the refusal admissible as evidence in the DUI trial.

The refusal crime covers breath and urine tests only. That line tracks Birchfield v. North Dakota, 579 U.S. 438 (2016), where the U.S. Supreme Court reviewed three cases from North Dakota and Minnesota testing laws that make refusing a chemical test a crime. The Court held that police may require a breath test without a warrant after a DUI arrest, but a blood test needs a warrant or valid consent, so a state cannot make refusing a warrantless blood test a crime.

The refusal crime requires a lawful arrest, probable cause, and correct warnings about both the suspension and the misdemeanor, so our attorneys check the body camera video for each warning. Our post on refusing a breathalyzer in Florida covers the charge in more detail.

I got a DUI in Tampa and I have a commercial driver’s license. What happens now?

A commercial driver’s license holder arrested for DUI in Tampa is disqualified from driving a commercial vehicle on the spot, even if the arrest happened in a personal car. Under section 322.64, the officer disqualifies a CDL holder who is arrested with a 0.08 or higher result in any motor vehicle, or who refuses a test, and issues a 10-day permit for noncommercial vehicles only. The same 10-day window applies to request a review of the disqualification.

The disqualification periods come from federal law, 49 C.F.R. § 383.51, which Florida adopts in section 322.61 and section 322.64.

A hardship license never covers commercial driving: section 322.64(10) allows a business-purposes license for personal vehicles only. For a truck or bus driver, the review hearing and the criminal case decide whether the career survives. In September 2025, after a hearing officer upheld a client’s suspension, our firm petitioned the Thirteenth Judicial Circuit for certiorari review and the court reinstated both his regular license and his CDL, a case we describe in our post on this Florida CDL suspension appeal.

What happens at arraignment, discovery, and trial in a Hillsborough DUI case?

The criminal DUI case is prosecuted by the State Attorney’s Office for the Thirteenth Judicial Circuit, in Hillsborough County Court. Our office at 620 E. Twiggs Street is two blocks from the courthouse in downtown Tampa.

1. Arraignment. The arraignment is the first court date on the charge. When a lawyer files a written plea of not guilty before that date under Florida Rule of Criminal Procedure 3.160, the client usually does not have to attend.
2. Discovery. After the defense files a notice of discovery, the prosecutor must disclose its evidence within 15 days under Rule 3.220. In a DUI case that includes the arrest report, body camera and dash camera video, the breath test affidavit and Intoxilyzer records, and any drug recognition or toxicology report.
3. Speedy trial. A misdemeanor must be tried within 90 days and a felony within 175 days unless the defense waives the time. Since July 1, 2025, those periods run from the date formal charges are filed rather than from the arrest, under In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), the Florida Supreme Court’s March 2025 order rewriting the speedy trial rule, which also extended the State’s recapture window after a notice of expiration from 10 days to 30 days.
4. Pretrial hearings. Motions to suppress, depositions of officers, and plea negotiations happen here. The defenses themselves (the stop, the field sobriety exercises, the breath machine) are covered in our companion post on how to fight a DUI charge in Hillsborough County.
5. Trial. A misdemeanor DUI is tried to a six-person jury in county court. If the case ends in a conviction, the sentencing ranges in our post on DUI penalties in Hillsborough County apply.

Is there a DUI diversion program in Hillsborough County?

Yes. The State Attorney’s Office for the Thirteenth Judicial Circuit runs Reducing Impaired Driving Recidivism (RIDR), a program for first-time, non-aggravated misdemeanor DUI cases that ends with a plea to reckless driving and a withhold of adjudication instead of a DUI conviction. The State Attorney’s Office states in its published RIDR guidelines that “Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes,” and that eligibility is decided at the State Attorney’s sole discretion.

A case is ineligible if it involved a minor in the vehicle, a BAC of .20 or higher, or a crash. Prior DUIs, prior diversion, certain prior felonies, a pending license suspension, and current probation can also disqualify a driver.

Every RIDR plea also carries 12 months of probation, a 10-day vehicle immobilization, and DUI school. Before the plea, the client registers for DUI school, attends the MADD victim impact panel, completes 10 community service hours, and at Levels 1 and 2 installs an interlock or alcohol monitor. At arraignment the defense waives speedy trial, and the case is set for disposition about 60 days later.

The monitoring piece has research behind it. A Community Guide systematic review published in the American Journal of Preventive Medicine in 2011 (Elder et al.) found that ignition interlocks cut re-arrest rates for impaired driving by a median of 67% across 13 studies while the device was installed, and that rates returned to comparison levels once it came off, as summarized in the Community Preventive Services Task Force finding. Our attorneys explain that requirement before a client chooses the program.

RIDR does not stop the administrative license suspension, which still has to be handled within the 10 days. A disqualifier does not end negotiations either. In July 2026, a client of ours charged with DUI, leaving the scene, and refusal did not qualify for RIDR because of a crash; after our firm prepared a mitigation report and treatment plan, the charges were reduced to reckless driving with adjudication withheld.

I was arrested for DUI in Hillsborough County and need a lawyer. What should I look for?

Look for a lawyer who handles the license hearing and the criminal case together, has tried DUI cases to juries in Hillsborough County, and knows how breath testing and police DUI training work. The Brancato Law Firm’s practice is devoted entirely to criminal defense, from first-offense misdemeanors to capital cases, and our attorneys handle both the license case and the criminal case from the first week.

Here is what our firm brings to a DUI case:

• DUI training. I am a member of the National College for DUI Defense and the DUI Defense Lawyers Association, and a former police academy instructor.
• Trial experience. More than 150 jury trials to verdict and 25+ years in Hillsborough County, including as former Chief Operations Officer of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys, and in its Major Crimes Unit.
• Recognition. AV Preeminent (Martindale-Hubbell), Super Lawyers, and National Trial Lawyers Top 100. I also wrote How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.
• Availability. Call us at any hour. Clients get updates through our client portal, and our attorneys return calls within 24 hours. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Coverage. We defend DUI cases in Hillsborough, Pinellas and Pasco Counties, from an office two blocks from the Hillsborough County courthouse.

On cost, our flat fee covers the whole case, including trial and the formal review hearing. It is quoted on the facts and intricacy of the case, realistically and fairly, with at least half up front and a payment plan for the balance while the case is pending. We are neither the most nor the least expensive firm in Tampa, and consultations are free. A lower quote with a separate trial fee creates a financial incentive to settle before trial preparation begins. Our post on what a criminal defense attorney costs in Tampa explains how fees are set.

What results has The Brancato Law Firm obtained in DUI cases?

Our firm’s published DUI results include jury verdicts, license reinstatements, and reductions to reckless driving.

Past results do not guarantee future outcomes.

What mistakes should you avoid after a DUI arrest in Tampa?

The most damaging mistakes after a DUI arrest happen in the first weeks, before the defense has the video and the breath records. These are the ones our attorneys see most often in Hillsborough County cases:

1. Missing the 10-day license deadline. The suspension stays in place without a hearing, and the outcome of the criminal case will not undo it.
2. Explaining your side to the officer or the prosecutor. Anything you say can be used as evidence, and you have the right to remain silent. Let your lawyer do the talking.
3. Talking about the arrest on jail calls, text messages, or social media. Jail calls are recorded, and posts and messages can be obtained and shown to a jury.
4. Missing a court date or breaking a release condition. A judge can issue a warrant and revoke bond, and under section 843.15, Florida Statutes, willfully failing to appear after release on a misdemeanor charge is a separate first-degree misdemeanor; on a felony DUI it is a third-degree felony.
5. Assuming a first DUI is minor. A conviction brings a license revocation, probation, a 10-day vehicle impoundment, and in many cases higher insurance requirements explained in our guide to FR44 insurance after a DUI. It can also affect professional licenses and, for noncitizens, immigration status.
6. Waiting to hire a lawyer. Surveillance video from businesses near the stop is often recorded over within days, and the license review must be requested within 10 days.

Our attorneys at The Brancato Law Firm send preservation requests for video in the first week and route every question about the case through counsel.

What should you do before the 10-day deadline runs out?

The most important step after a Hillsborough DUI arrest is acting on the license before day 10, because a missed deadline leaves the suspension in place without a hearing. Use the time this way:

1. Find the notice of suspension. Its issue date starts the 10-day count.
2. Choose between a formal review and a restricted license with a lawyer, since the restricted license waives the review.
3. Write down what happened that night and share it only with your lawyer.
4. Do not post about the arrest or discuss it on recorded jail calls.
5. Tell your lawyer right away if you hold a CDL. The disqualification starts on the notice date.

Our overview of what counts as DUI in Florida covers the elements of the charge. For more about our defense strategies, visit our Tampa DUI lawyer page.

Frequently asked questions about the DUI process in Hillsborough County

Can I drive after a DUI arrest in Hillsborough County?

You can drive on the temporary permit until midnight of the 10th day after the notice of suspension, as long as you were otherwise eligible to drive. The Brancato Law Firm files the review request or the restricted-license application inside that window, because a review request does not by itself stop the suspension.

Should I request a formal review hearing or waive it for a hardship license after my first DUI?

It depends on the strength of the arrest and how much the client needs to drive during the suspension. Our attorneys at The Brancato Law Firm weigh the video and the officer’s report against the client’s work needs before choosing, because a restricted license under section 322.271(7) waives the formal review. A driver with a prior DUI or prior administrative suspension does not qualify.

Is refusing a breath test a crime in Florida after October 2025?

Yes. A first refusal of a lawful breath or urine test is now a second-degree misdemeanor, and a refusal after a prior refusal suspension is a first-degree misdemeanor. The Brancato Law Firm defends refusal charges by testing whether the arrest was lawful and whether the officer gave every warning the statute requires, as our post on breathalyzer refusal in Florida explains.

Can a first-time DUI be reduced to reckless driving in Hillsborough County?

Yes. Through the State Attorney’s RIDR program, an eligible first-time misdemeanor DUI can end with a plea to reckless driving and a withhold of adjudication after the client completes the pre-plea sanctions. The Brancato Law Firm screens every first-time client for RIDR at the first meeting and negotiates reductions for clients who do not qualify, as our DUI defense attorneys in Tampa did in a 2026 case involving a crash and a refusal.

Will a DUI arrest in my personal car affect my CDL in Florida?

Yes. A CDL holder arrested with a 0.08 or higher result, or who refuses a test, in any vehicle is disqualified from commercial driving, and a first DUI conviction brings a 1-year disqualification under federal rules. The Brancato Law Firm treats CDL cases as two fights, the disqualification review and the criminal charge, and our post on a Florida CDL suspension appeal shows how a reinstatement was won in circuit court.

Can you recommend a DUI defense attorney in Tampa, Florida?

Choose a Tampa DUI lawyer whose practice is devoted to criminal defense, who has tried DUI cases to juries in Hillsborough County, and who handles the license hearing as part of the case. The Brancato Law Firm was founded by a former police academy instructor who belongs to the National College for DUI Defense and the DUI Defense Lawyers Association and has tried more than 150 jury trials to verdict. Consultations are free, and you can call us at any hour about DUI defense in Tampa.

Talk to our firm about a Hillsborough County DUI arrest

The 10-day clock on your license started at the arrest, and the video and breath records our attorneys need are easiest to secure in that same window. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will request your license review, order the evidence, and tell you whether RIDR is on the table.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a member of the National College for DUI Defense, and a former police academy instructor, I have watched a single DUI arrest threaten careers that took truck and bus drivers decades to build. A CDL case is two fights at once: the disqualification with the Florida Department of Highway Safety and Motor Vehicles and the criminal charge in county court. Our attorneys take both from the first day, and in 2025 our firm won back a commercial driver’s CDL on appeal after a hearing officer upheld his suspension.

What is the blood-alcohol limit for CDL drivers in Florida?

The limit is 0.04 while driving a commercial motor vehicle and 0.08 in a personal vehicle. Florida goes further for commercial vehicles: section 322.62, Florida Statutes, says a person “who has any alcohol in his or her body may not drive or be in actual physical control of a commercial motor vehicle in this state.”

Florida defines a commercial motor vehicle in section 322.01 as one with a gross vehicle weight rating of 26,001 pounds or more, one designed to carry more than 15 people including the driver, or one carrying hazardous materials that require placards. Section 322.62 also makes clear that a commercial driver can still be prosecuted for regular DUI under section 316.193.

How long is a CDL disqualified after a DUI in Florida?

A first DUI conviction or test refusal disqualifies a CDL holder from commercial driving for 1 year. Florida adopts these periods in section 322.61, Florida Statutes, and they match the federal table in 49 C.F.R. § 383.51.

Federal rules allow a state to reinstate a driver disqualified for life after 10 years if the driver voluntarily completed an approved rehabilitation program, and a driver reinstated that way who is later convicted of another disqualifying offense can never be reinstated, under 49 C.F.R. § 383.51(a)(6). Our attorneys at The Brancato Law Firm tell CDL clients at the first meeting how close a plea offer would put them to that lifetime line.

Does a DUI in my personal car affect my CDL in Florida?

Yes. Under section 322.64(1)(a), the officer disqualifies a CDL holder who is arrested with a 0.08 or higher result, or who refuses a test, while driving any motor vehicle, and section 322.61(3)(b) imposes the same 1-year disqualification for a DUI conviction in a personal car. The officer issues a 10-day permit that covers noncommercial vehicles only. Our firm talks through the CDL consequences in the first phone call so the driver does not report to work behind the wheel of a truck.

Can a CDL holder get a hardship license after a DUI in Florida?

A CDL holder can apply for a business-purposes license for a personal vehicle, but no hardship license allows commercial driving. Section 322.64(10) says a disqualified driver may be eligible for a business or employment license under section 322.271, but “such business or employment purposes license shall not authorize the driver to operate a commercial motor vehicle.” For a driver whose income depends on the CDL, the review hearing and the criminal case are the only ways to keep driving commercially.

Can a CDL holder get a withhold or diversion on a DUI in Florida?

A withhold of adjudication or a diversion program does not protect a CDL the way it can protect a regular license. Federal law bars masking: under 49 C.F.R. § 384.226, a state “must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program” that would keep a CDL holder’s traffic conviction off the national driver record, in any type of vehicle. Florida applies the federal definition of conviction to CDL holders in section 322.01(11)(b), and that definition in 49 C.F.R. § 383.5 includes a plea of guilty or no contest accepted by the court and the payment of a fine or court cost, regardless of whether the penalty is suspended or probated.

That rule changes how our attorneys negotiate. In Hillsborough County, the State Attorney’s RIDR program resolves many first-time DUI cases with a plea to reckless driving, but reckless driving is a serious traffic violation for a CDL holder under section 322.61(1), and two of them within 3 years bring a 60-day disqualification. For a commercial driver, our firm weighs every offer against the CDL record before recommending it, and we often push for a dismissal or a trial rather than a plea that keeps the client off the road.

How many commercial drivers are kept off the road for drug and alcohol violations?

As of January 2, 2026, 202,345 commercial drivers were in prohibited status in the Federal Motor Carrier Safety Administration’s Drug and Alcohol Clearinghouse, meaning they could not drive commercially until completing the return-to-duty process, according to the Clearinghouse December 2025 monthly report. The same report shows 16,213 violations recorded for drivers holding Florida-issued CDLs or learner’s permits, the third-highest total of any state, behind Texas and California. Those figures come from workplace testing, which runs separately from a DUI case, and a DUI arrest can set off both.

Record-keeping errors also affect CDL holders. In a 2021 audit, the U.S. Department of Transportation’s Office of Inspector General found that states did not transmit 18% of 2,182 major-offense convictions on time and that some drivers served shorter disqualifications than federal law requires, as summarized in report ST2021030. Our attorneys check the driver record itself before advising a client on dates, because the disqualification a driver is told about is not always the one on file.

What happens at a CDL disqualification hearing in Florida?

A CDL disqualification hearing is a review before a hearing officer of the state motor vehicle department, and the driver must request it within 10 days of the notice. Under section 322.64(7), the hearing officer decides by a preponderance of the evidence whether the officer had probable cause to believe the person was driving or in actual physical control with alcohol or drugs in the body, and either whether the result was 0.08 or higher or whether the person refused after being warned of the 1-year or permanent consequence.

The statute gives the driver real leverage. If the department fails to schedule the formal hearing within 30 days of the request, it must invalidate the disqualification, and if the arresting officer or breath technician fails to appear under subpoena, the department must invalidate it as well. A hearing request does not pause the disqualification, so the timing of every step matters.

The regular-license suspension that usually comes with a CDL disqualification is reviewed under section 322.2615, and there the lawfulness of the arrest is fair game. In Florida Department of Highway Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011), a driver lost his license for refusing a breath test, and the hearing officer would not consider his argument that the request did not follow a lawful arrest. The Florida Supreme Court held that the department cannot suspend a license for a refusal that was not incident to a lawful arrest, and that the hearing officer must decide that issue. Our attorneys raise the legality of the stop and arrest at the license hearing, months before a criminal judge rules on a motion to suppress. If the hearing officer sustains the disqualification, the driver can ask the circuit court to review the decision by petition for writ of certiorari, filed within 30 days of the order.

How did our firm get a CDL suspension overturned on appeal?

Our client, a commercial driver in Hillsborough County, was arrested for DUI, and the department suspended both his regular license and his CDL. Our firm requested a formal review hearing within the 10-day window.

We made a deliberate choice not to subpoena the arresting officer. We expected the department to rely only on its own paperwork, the packet containing the police report and test documents, and that paperwork did not establish probable cause on its face. The hearing officer upheld the suspension anyway, relying on facts that were not in the record.

Our firm filed a petition for writ of certiorari in the Thirteenth Judicial Circuit, arguing that the hearing officer departed from the essential requirements of law. On September 19, 2025, the court granted the petition in case number 25-CA-004400, the suspension was overturned, and both the client’s regular license and his CDL were reinstated. These redacted public records show the court’s reasoning:

• Petition for Writ of Certiorari (PDF, redacted)
• Order Granting the Petition (PDF, redacted)

Past results do not guarantee future outcomes.

What should a CDL holder do in the first 10 days after a DUI arrest?

The first 10 days decide whether the disqualification gets reviewed at all. Our firm uses that time this way:

Talk to a lawyer before signing any written statement for a carrier or an insurer. For the general timeline after any DUI arrest, see our guide on what happens after a DUI arrest in Hillsborough County, and for how the State proves the charge, see what DUI means in Florida. Our Tampa DUI lawyer page covers the rest of our DUI defense work, and our Hillsborough County criminal defense page explains the local court process.

Frequently asked questions about CDL DUI cases in Florida

Can I drive my truck for work after a DUI arrest in my own car in Florida?

No. A CDL holder who blows 0.08 or higher or refuses a test is disqualified from commercial driving at the arrest, and the 10-day permit covers noncommercial vehicles only. The Brancato Law Firm requests the review hearing right away, because a successful review is the only way to restore commercial driving while the criminal case is pending.

Is a DUI refusal treated the same as a DUI conviction for a CDL?

Yes, for disqualification purposes. A first refusal brings the same 1-year disqualification as a first conviction under section 322.61 and the federal table, and a second refusal or conviction in a separate incident brings a lifetime disqualification. Our attorneys at The Brancato Law Firm test whether the arrest was lawful and whether the officer gave the CDL warning the statute requires.

Can a CDL DUI charge be dropped or reduced in Florida?

Yes. A CDL DUI can be dismissed when the stop was unlawful, the test is excluded, or the evidence of impairment is weak, but a reduction to reckless driving still counts as a serious traffic violation on a CDL record. The Brancato Law Firm builds CDL cases toward dismissal or trial when a plea would cost the client the license, as described on our DUI defense attorney in Tampa page.

Does a withhold of adjudication protect my CDL?

No. Federal rules treat a plea accepted by the court as a conviction for CDL purposes and bar states from masking it. Our attorneys at The Brancato Law Firm explain this before any plea, as our guide to Florida DUI penalties notes for regular licenses as well.

What if the hearing officer upholds my CDL disqualification?

You can ask the circuit court to review the decision through a petition for writ of certiorari, filed within 30 days of the order. The Brancato Law Firm won that kind of review in the Thirteenth Judicial Circuit in 2025, restoring a commercial driver’s regular license and CDL.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa criminal traffic defense practice.

Talk to our attorneys about a CDL DUI

If you hold a CDL, call before the 10-day review deadline passes, because the disqualification is already running. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, handles the review hearing and the criminal case together; call (813) 727-7159 at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. For more about our defense strategies, visit our DUI defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A hardship license is the most misunderstood piece of plastic a DUI client carries. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have spent more than 25 years in Hillsborough County courtrooms, taught at the police academy, and belong to the National College for DUI Defense. Our attorneys see drivers lose their hardship privilege over a single trip they assumed was fine. This guide lists the trips Florida law allows, the trips it forbids, and the trips that are probably fine even though no statute names them, with the statute, rule, or court decision behind each answer.

Do you get a business purposes or employment purposes license after a first DUI?

A first-time DUI driver who waives the administrative hearing gets a business purposes only license, the broader of Florida’s two hardship licenses. Section 322.271(7)(b) says that reinstatement “shall be restricted to business purposes only” for the length of the suspension. “Hardship license” is the umbrella term; business purposes and employment purposes are the two kinds.

Most of our first-DUI clients who keep driving do it on the waiver license, so the trip list below is built around business purposes only.

What does a business purposes only license let you drive for in Florida?

A business purposes only license allows driving necessary to maintain your livelihood and nothing else. Section 322.271(1)(c), Florida Statutes, defines it as “any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.” The next sentence closes the door on everything else: “Driving for any purpose other than as provided by this paragraph is not permitted.”

That is the license a first-time DUI driver receives after waiving the administrative review hearing under section 322.271(7). The same definition governs a business purposes license issued after a hardship hearing or after a DUI conviction. When our firm advises a client on the Tampa DUI lawyer side of a case, the license question usually comes up in the first meeting, because the client needs to drive to work the next morning.

The table below sorts common trips into three groups. “Allowed” means the statute names the purpose. “Probably OK” means the statute does not name the trip, but it fits the livelihood language and no court has ruled against it. “Gray area” means a court or FLHSMV has read the statute against the trip. “Not allowed” means the trip is recreational or nonessential.

Florida law uses the phrase “pleasure, recreational, or nonessential driving” to describe what a business or employment restriction excludes. That language appears in section 322.282(2)(b), which governs temporary permits after a court-ordered reinstatement, and it is a fair summary of how the Department of Highway Safety and Motor Vehicles (FLHSMV) reads every business purposes restriction.

Can I drive to the gym on a Florida hardship license?

No. A trip to the gym is recreational driving, and a business purposes only license does not cover it. The statute lists work, on-the-job driving, education, church, and medical trips. Exercise is not on that list, and no Florida court decision we have found treats a gym visit as necessary to maintain livelihood.

Two narrow exceptions exist. If you work at the gym as a trainer or employee, the trip is driving to and from work. If a doctor has prescribed physical therapy or cardiac rehabilitation at a facility, the trip is a medical appointment, and you should carry the referral. A regular workout does not fit either exception. The safer options are a gym within walking distance, a ride from a licensed driver, or a rideshare for the length of the suspension.

Gym-goers should know about one more risk. In Moore v. Department of Highway Safety & Motor Vehicles, 169 So. 3d 216 (Fla. 2d DCA 2015), a DUI program recommended canceling a driver’s supervised hardship license after he admitted taking a deer-antler-velvet bodybuilding supplement that the program said contained alcohol, and after a single ignition interlock reading of 0.092. FLHSMV canceled the license. The Second District Court of Appeal, which covers Hillsborough, Pinellas, and Pasco Counties, quashed the circuit court’s ruling because that court refused to review the documents behind the cancellation. The case was sent back to decide whether the evidence supported it. The lesson for anyone under DUI program supervision is to read supplement labels and to challenge a cancellation quickly.

Can I drive to the grocery store, pharmacy, or bank?

Usually yes, if the trip is a direct errand for a basic necessity. A pharmacy trip for your own prescription ties to the statute’s medical purpose. Florida courts have also held that buying food and paying an overdue utility bill are driving “necessary to maintain livelihood,” even though section 322.271(1)(c) does not name them.

The leading local decision is Allart v. State, 9 Fla. L. Weekly Supp. 499c (Fla. 6th Cir. Ct. June 6, 2002), from the Pinellas County appellate panel. A driver with a business purposes only license was stopped on his way to McDonald’s. On rehearing, the court held “as a matter of law a business purposes only restriction permits a driver to drive to shop for the basic necessities of life, such as, in this case at bar, food.” It vacated his conviction because the evidence showed only a drive from his house to the restaurant.

Two other courts reached the same result. In State v. Quiroli, 9 Fla. L. Weekly Supp. 780b (Fla. Palm Beach Cty. Ct. Sept. 12, 2002), a county judge dismissed a restriction charge against a driver headed to Burger King for dinner, reasoning that “livelihood” means support, which includes housing, food, clothing, and health. In Vilches v. State, 12 Fla. L. Weekly Supp. 530a (Fla. 11th Cir. Ct. Mar. 29, 2005), the Miami-Dade appellate panel reversed a conviction for driving to pay an overdue electric bill. Vilches relied on the 1986 House bill analysis, which said a business purposes license allows “driving necessary to maintain one’s livelihood, including driving for shopping, church and medical care.”

The older case of Britt v. State, 50 Fla. Supp. 2d 16 (Fla. 9th Cir. Ct. 1991) points the same way. It described a business purposes only restriction as permitting “essential shopping” along with work, school, church, and medical driving. A driver was ticketed while picking up his fiancee from work, and she paid much of his rent and food. The Orange County appellate panel ordered an acquittal, holding that the restriction was “much broader than the trial court’s limited interpretation.”

The limit is the “larger sojourn.” Allart warned that a food stop at the end of an evening of social driving is still a violation. In Dicks v. State, 15 Fla. L. Weekly Supp. 791b (Fla. 17th Cir. Ct. May 17, 2008), a Broward County driver picked up his paycheck, cashed it, then stopped at a relative’s house to give his girlfriend money and drink beer before heading to a restaurant. The appellate court affirmed his conviction. The errand has to be the trip, not the excuse at the end of one.

These are circuit and county court decisions, so none binds a Hillsborough County judge. Allart comes from the Pinellas appellate panel and carries the most weight in Tampa Bay. Our advice is to make each errand a direct trip, combine it with a commute when you can, and keep the receipt.

Can I drive my kids to school or take a family member to the doctor?

Driving your children to school is probably fine. No Florida court has ruled on it, most likely because the answer is obvious. Florida requires children to attend school, and under section 1003.27(2)(b), Florida Statutes, a parent who fails to have a child attend school regularly commits a second-degree misdemeanor. A parent who is prosecuted for truancy, or who has to quit work to stay home, has not maintained a livelihood. The same reasoning covers daycare that lets you get to work. The statute also allows “driving for educational purposes” without limiting it to the driver’s own education.

Driving a family member to the doctor is the riskier trip, because FLHSMV has read “medical purposes” to mean the driver’s own care.

In Harmon v. Department of Highway Safety & Motor Vehicles, 12 Fla. L. Weekly Supp. 902a (Fla. 6th Cir. Ct. July 12, 2005), a driver with an employment purposes only license asked the department for a business purposes license so he could drive his chronically ill mother to her doctor appointments. The hearing officer ruled the medical purpose had to be the driver’s own. The Pinellas County appellate panel acknowledged the statute does not expressly limit “medical purposes” to the driver, but it deferred to the department’s reading as reasonable and denied relief. The hearing officer also found that Harmon had violated his employment license by driving himself to the hearing.

Harmon is a Sixth Judicial Circuit decision, the circuit covering Pinellas and Pasco Counties. If a parent or spouse needs rides to medical appointments, talk with your attorney first, arrange another driver when you can, and keep the medical paperwork in the car. For school runs, keep the child’s school schedule in the car and drive the direct route.

What is the difference between business purposes and employment purposes only?

An employment purposes only license is narrower. It covers only driving to and from work and on-the-job driving required by an employer or occupation. A business purposes only license adds education, church, medical trips, and other driving necessary to maintain livelihood. Both definitions are in section 322.271(1)(c).

The first-DUI waiver license is always business purposes only, because section 322.271(7)(b) says the reinstatement “shall be restricted to business purposes only.” After a hardship hearing, FLHSMV decides which restriction to grant. A hardship license is not a separate card. It is a regular Class E Florida driver license reissued with a business purposes or employment purposes restriction, and the restriction drops off on its own when the suspension ends. Commercial drivers are downgraded to a Class E for the length of the restriction. Check the restriction on your license and the paperwork you received before you drive.

How does the first DUI waiver hardship license work?

A first-time DUI driver can skip the administrative hearing and get a business purposes only license right away. Under section 322.2615(1)(b), the driver must request a review of eligibility under section 322.271(7) within 10 days after the notice of suspension is issued. The 10-day temporary permit on the citation expires at midnight on the 10th day.

The request goes on FLHSMV Form HSMV 72034, Request for Eligibility Review, with a $25 filing fee, a copy of the DUI citation, and proof of enrollment in DUI school. FLHSMV’s Bureau of Administrative Reviews handles these requests. In fiscal year 2023-24, the Bureau conducted 26,052 hearings and reviews across eight offices statewide, according to an FLHSMV Office of Inspector General audit. Hillsborough County drivers file with the Tampa Bureau of Administrative Reviews office at 2814 E. Hillsborough Ave., which handles first-offense waiver reviews and accepts filings by email.

You qualify only if all of these are true:

• You have never had a license suspended under section 322.2615 (a prior DUI breath-test or refusal suspension).
• You have never been disqualified under section 322.64 (the commercial driver statute).
• You have never been convicted of DUI under section 316.193. An out-of-state DUI or DWI conviction counts as a prior conviction.
• Your license is now suspended under section 322.2615 for a breath or blood result of 0.08 or higher or for a refusal.

The trade-off is permanent. Section 322.271(7)(c) says acceptance of the license “is deemed a waiver of the right to formal and informal review.” You give up the chance to have the suspension thrown out, and the suspension stays on your driving record. The waiver cannot be used as evidence in the criminal case. Our firm’s pillar guide on protecting your license after a Tampa DUI arrest explains when we fight the suspension instead.

The waiting periods come from section 322.2615(10). The bar on a business or employment license after two refusal suspensions comes from section 322.271(2)(a).

Fighting can win. In Sierra v. Department of Highway Safety & Motor Vehicles, 33 Fla. L. Weekly Supp. 320b (Fla. 13th Cir. Ct. Sept. 19, 2025), our firm represented a Hillsborough County driver whose license was suspended for refusing a breath test. The deputy’s report said only that the driver had backed up in the westbound lane to make a turn. The Hillsborough County circuit court granted our petition for writ of certiorari, ruling that the record did not show a lawful stop, so the refusal was not incident to a lawful arrest. A driver who took the waiver in that situation would have locked in a one-year suspension. Past results do not guarantee future outcomes.

What happens if you drive outside your hardship restriction?

You can lose the hardship license for the rest of the suspension and face a new charge. Florida Administrative Code Rule 15A-1.019(4) says a violation of the restrictions on a reinstated license “shall cause the license to be automatically suspended or revoked for the remainder of the period of the original suspension or revocation.”

The criminal exposure depends on how the restriction was imposed. Under section 322.16, violating a time-and-purpose restriction the department imposes under subsection (1)(b) is a moving violation fined under chapter 318. Violating a restriction imposed on the recommendation of a court or the Department of Corrections under subsection (1)(c) is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

That distinction decides real cases. The Legislature decriminalized violations of department-imposed restrictions in 2010. In Samuels v. State, 22 Fla. L. Weekly Supp. 63b (Fla. 15th Cir. Ct. Aug. 6, 2014), a driver with a business purposes only license was stopped on his way to the movies at 10:20 p.m. and convicted of the misdemeanor. The Palm Beach appellate panel reversed and ordered him discharged, because the State never proved that a court or the Department of Corrections recommended the restriction.

The State also carries the burden of proving the purpose of the trip. In McKnight v. State, 6 Fla. L. Weekly Supp. 265a (Fla. 20th Cir. Ct. Jan. 19, 1999), a conviction was reversed because the State offered no evidence of why the driver was on the road. In Mudge v. State, 20 Fla. L. Weekly Supp. 652a (Fla. 18th Cir. Ct. Feb. 7, 2013), an employment-only driver who said he was collecting scrap metal to sell won reversal because the trial court made him prove he was working. These cases are why our attorneys advise clients to answer an officer’s questions about the trip carefully, or not at all, and to call us before saying anything else.

An officer may also charge driving while license suspended. In Grizzard v. State, 881 So. 2d 673 (Fla. 5th DCA 2004), a driver with a business purpose hardship license was stopped in Hillsborough County. The officer’s computer showed the license as suspended, and a second check showed “some confusion.” The driver pleaded no contest in Hillsborough County court to driving while license suspended with knowledge, and that conviction was then used to revoke his probation. The Fifth District reversed because the trial court treated the no contest plea as conclusive proof of guilt. Grizzard shows two things: database errors happen, and a quick plea on a driving while license suspended charge can cost far more than a fine.

A 2025 federal decision shows how serious that charge can get. In United States v. Donadio, No. 3:25-mj-120-HTC (N.D. Fla. July 11, 2025), a driver with a temporary business purposes permit was arrested after a night of New Year’s Eve bar hopping on federal property, where Florida traffic law applies. A jury convicted her of driving with knowledge that her license was suspended under section 322.34(2), not just a restriction violation. The court denied her motion for acquittal, reasoning that a business purposes license reinstates only part of the driving privilege, so all other driving remains suspended. Donadio does not bind Florida state courts, but it shows that prosecutors can treat a trip outside the restriction as driving on a suspended license.

Officers can see the restriction before they turn on their lights. In Pickenpaugh v. State, 15 Fla. L. Weekly Supp. 238a (Fla. 6th Cir. Ct. Jan. 24, 2008), a Pinellas County deputy saw a car speeding in St. Petersburg at about 2:30 a.m., ran the plate, and learned the owner had a business purposes only restriction. The trial court found that drivers at that hour are not coming from a school, a church, a hospital, or a job. The Pinellas appellate panel affirmed the stop, noting that speeding alone justified it and that the circumstances also reasonably suggested a restriction violation.

Driving outside the rules also hurts the next application. In Brown v. Department of Highway Safety & Motor Vehicles, 29 Fla. L. Weekly Supp. 697a (Fla. 2d Cir. Ct. Dec. 6, 2021), the Leon County appellate panel upheld the denial of a hardship license because the driver had kept driving while his license was revoked. Hearing officers treat unlawful driving as proof that a driver cannot be trusted with a restricted license.

What can cancel a hardship license before the suspension ends?

Four events can end a hardship license early, even if you never drive outside the restriction:

• Missing the DUI school deadline. Under section 322.271(2)(a), if you do not complete the course within 90 days after reinstatement, or later fail to complete treatment, FLHSMV must cancel the license until you finish.
• A DUI conviction. Form HSMV 72034 warns that the waiver license “will no longer be valid” if you are convicted of DUI. Under section 322.28(2)(a), a first DUI conviction brings a revocation of at least 180 days and up to one year. A new business purposes license is available only after you complete DUI school.
• Violating program or interlock conditions. When FLHSMV or a court requires DUI program supervision or an ignition interlock device, a reported violation can lead to cancellation, as in Moore. Section 322.271 also lets the department require an interlock as a condition of reinstatement.
• Driving outside the restriction. Rule 15A-1.019(4) suspends the license for the rest of the original period.

A DUI program’s termination decision can be appealed, and the appeal matters. In Oleksa v. Department of Highway Safety & Motor Vehicles, 12 Fla. L. Weekly Supp. 195a (Fla. 6th Cir. Ct. Sept. 24, 2004), the Pasco County program terminated a supervised driver, who gave notice of an appeal to DUI Counterattack in Hillsborough County. FLHSMV revoked his license before that appeal was heard, and the Pinellas appellate panel quashed the revocation for violating his due process rights. In Johnson v. Department of Highway Safety & Motor Vehicles, 10 Fla. L. Weekly Supp. 144a (Fla. 4th Cir. Ct. Dec. 13, 2002), a driver who skipped the program appeal and went straight to circuit court lost on that ground. The appeal must go to another licensed DUI program in the same or an adjacent judicial circuit, and a driver who appealed to a program outside those circuits lost his challenge to the cancellation in Erb v. Department of Highway Safety & Motor Vehicles, 15 Fla. L. Weekly Supp. 202a (Fla. 4th Cir. Ct. Dec. 21, 2007). File the program appeal under Rule 15A-10.031 first, and file it with the right program.

Hillsborough County’s licensed DUI program is DUI Counterattack Hillsborough, Inc., at 4711 N. Hubert Ave. in Tampa. Pinellas County drivers use Suncoast Safety Council in Clearwater, and Pasco County drivers use Pride Integrated Services in Zephyrhills or New Port Richey, according to FLHSMV’s list of licensed DUI programs. Enroll early, because the 90-day clock runs from reinstatement.

Why does Florida limit hardship driving so tightly?

Florida limits hardship driving because license suspension is one of the few DUI sanctions with strong evidence behind it. The National Highway Traffic Safety Administration’s research guide, Countermeasures That Work, reports that administrative license revocation reduces alcohol-related fatal crash involvement by 5%, saving an estimated 800 lives each year. The same guide notes that most states let offenders obtain an occupational or hardship license for part or all of a suspension.

Florida’s business purposes license is that compromise. It keeps drivers employed while preserving most of the suspension’s safety effect. Hearing officers and judges enforce the limits strictly for that reason, and they are rarely persuaded that a trip outside the statute was harmless.

How do you stay safe on a Florida hardship license? 7 rules

1. Read the restriction on your license. Confirm whether it says business purposes or employment purposes, and note the expiration date.
2. Carry your paperwork. Keep the FLHSMV approval letter, your DUI school enrollment receipt, and proof of your work schedule in the car.
3. Drive the direct route, and think twice about late-night trips. A stop that turns a commute into a social outing is outside the restriction, and deputies can see your restriction when they run your plate.
4. Document gray-area trips. Keep medical referrals, pharmacy receipts, and school schedules.
5. Finish DUI school early. Do not let the 90-day deadline cancel the license.
6. Avoid alcohol and read supplement labels if you are under DUI program supervision or have an interlock.
7. Call your attorney before a new kind of trip. A five-minute call costs less than a suspension for the rest of the term.

What should you do in the first 10 days after a Florida DUI arrest?

Decide within 10 days whether to waive the hearing or fight the suspension. That 10-day window under section 322.2615 is the only chance to do either. If you miss it, the suspension takes effect and you lose both the immediate waiver license and the hearing.

Our attorneys review the arrest video and the breath or refusal paperwork before that deadline, because the right choice depends on how strong the hearing issues are. A weak stop or a flawed breath test can justify fighting. A clean stop and a job that requires driving usually favor the waiver. Our timeline of a Hillsborough County DUI case walks through what comes after the license decision, including arraignment and the criminal penalties.

Frequently asked questions

Can I drive to the gym on a business purposes only license in Florida?

No, unless you work at the gym or a doctor has prescribed therapy there. The Brancato Law Firm tells clients to plan a walk, a ride, or a rideshare for workouts until the restriction expires.

Can I stop for food or groceries on a Florida business purposes only license?

Yes, if the food run is the whole trip, because Allart v. State and State v. Quiroli held that driving to buy food is driving necessary to maintain livelihood. The Brancato Law Firm cautions clients that a food stop tacked onto a social outing is still a violation, as the driver in Dicks v. State learned.

Can I drive my child to school on a Florida hardship license?

Probably yes, because Florida requires school attendance and section 322.271(1)(c) allows educational driving without limiting it to the driver. No court has ruled on it, and our attorneys at The Brancato Law Firm advise keeping the school schedule in the car and driving the direct route.

Is driving outside my hardship license restriction a crime in Florida?

It can be, depending on how the restriction was imposed, and it triggers an automatic suspension for the rest of the original term under Rule 15A-1.019(4). The Brancato Law Firm defends these citations and related driving while license suspended charges in Hillsborough, Pinellas, and Pasco Counties.

Can I get a hardship license after refusing a breath test in Florida?

Yes, on a first refusal, either through the waiver right away or after a 90-day wait if a formal review upholds the suspension. Our team at The Brancato Law Firm explains the refusal suspension and the separate criminal exposure in our guide to refusing a breathalyzer in Florida.

How long does the first DUI waiver hardship license last?

It lasts for the length of the administrative suspension: six months for a 0.08 or higher result and one year for a first refusal. The Brancato Law Firm tracks that end date with clients, because a DUI conviction during the term ends the waiver license and starts a new revocation.

Do I need a lawyer to waive my DUI hearing in Florida?

No, a driver can file Form HSMV 72034 alone, but the waiver permanently gives up the right to challenge the suspension. Before the 10-day deadline, The Brancato Law Firm reviews whether a formal review could win, and our DUI defense attorneys handle both the license and the criminal case.

Can I drive a commercial vehicle on a Florida hardship license?

No. Section 322.64 provides that a business or employment purposes license does not authorize operating a commercial motor vehicle, and The Brancato Law Firm explains the CDL rules in our post on restoring a commercial license after a DUI suspension.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa criminal traffic defense practice.

Talk with a Tampa DUI defense attorney

The 10-day clock starts the day of the arrest, and the hardship license decision cannot be undone once you accept it. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. For more about our defense strategies, visit our DUI page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you backed into another car in a parking lot this week, the rules for whether you must call the police are different from what they were in September. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a former police academy instructor, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have seen minor crashes turn into criminal cases because a driver left too soon or said too much. Our attorneys explain to drivers what the new threshold changes, and what it does not.

This guide explains the crash reporting change in SB 488 (chapter 2026-39, Laws of Florida), the duties that still apply after every crash, the new email notice rule for license suspensions, and the other criminal provisions in the bill.

What Changed in Florida’s Crash Reporting Law?

SB 488 raised the dollar amount that triggers a driver’s duty to call the police. Under section 316.065, Florida Statutes, the driver of a vehicle in a crash “resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $2,000” must “immediately by the quickest means of communication” notify the local police department, or the sheriff or Florida Highway Patrol outside city limits.

The old threshold was $500, and it had not changed since 1989, when the Legislature raised it from $100, according to the Senate Fiscal Policy Committee’s analysis of SB 488. The same analysis cited insurance industry data showing that the most common repair cost range for crashes since 2021 was $1,000 to $1,499, and that about 60% of crashes caused more than $2,500 in damage. In other words, a $500 threshold covered nearly every fender bender, while a $2,000 threshold still covers most crashes.

Failing to report a crash that meets the threshold is a noncriminal traffic infraction, punishable as a nonmoving violation. The analysis put the base fine at $30, or up to $108 with fees and costs.

Do You Still Have to Stop After a Minor Crash?

Yes. The $2,000 threshold governs only the duty to call the police. It does not change the duty to stop. Under section 316.061, a driver in a crash that damages a vehicle or property “driven or attended by any person” must stop and remain at the scene until he or she has given the information required by section 316.062. Leaving early is a second-degree misdemeanor, with no minimum dollar amount.

A crash with an unoccupied parked car or other unattended property carries its own duty under section 316.063. The driver must stop and either find the owner or leave a secure, visible written note with his or her name, address, and vehicle registration number, and then notify the police without unnecessary delay. Failing to do so is also a second-degree misdemeanor.

The stakes are highest when someone is hurt. Leaving the scene of a crash involving injury or death is a felony in Florida, as explained in our guide to leaving the scene of an accident in Florida.

Hit-and-run crashes are common. According to the Florida Department of Highway Safety and Motor Vehicles’ Traffic Crash Facts 2023, Florida recorded 395,175 crashes in 2023, and 105,092 of them were hit-and-run crashes, which caused 276 deaths. Many of those cases start as minor collisions in which a driver did not know the rules.

Do You Have to File a Report If Police Do Not Come?

Yes, if the crash damaged a vehicle or property and no officer prepares a report. Under section 316.066, the driver of any vehicle “in any manner involved in a crash resulting in damage to a vehicle or other property which does not require a law enforcement report” must submit a written crash report to the Department of Highway Safety and Motor Vehicles within 10 days. Failing to file it is a noncriminal traffic infraction.

That means the higher threshold may shift more paperwork onto drivers. When the police no longer have to be called, the 10-day self-report becomes the official record of the crash.

Can What You Say After a Crash Be Used Against You?

Usually not, if you are speaking only to complete the crash report, but that protection ends when a criminal investigation begins. Section 316.066(4) provides that statements made by a person involved in a crash “for the purpose of completing a crash report” may not be used “as evidence in any trial, civil or criminal.” This is known as the accident report privilege.

The Florida Supreme Court explained the limits of that privilege in State v. Norstrom, 613 So. 2d 437 (Fla. 1993). Norstrom was questioned after a crash, read his Miranda rights, and chose to talk. The Court held his statements could be used because he was never told he had to answer. It added a rule that still governs roadside questioning: if an officer suggests a person must answer questions about a crash, the officer must say “this is now a criminal investigation,” followed immediately by Miranda warnings, before any later statement can be used.

As a former police academy instructor, I can tell you that officers are trained on this line, and defense lawyers look for the moment it was crossed. In DUI and leaving-the-scene cases, our attorneys review body camera video to pinpoint when the crash investigation became a criminal one, and we move to suppress statements made before that moment.

What Else Did SB 488 Change?

SB 488 is a large transportation bill, and two other parts matter to drivers and businesses facing criminal exposure.

• Email notice of license suspensions. Under section 322.251, FLHSMV may now send orders of cancellation, suspension, revocation, or disqualification “by e-mail notification if authorized by the licensee.” Notice is complete 20 days after the email is sent, and “any failure by the person to receive the order does not affect or stay the effective date.” That matters because Florida’s driving while license suspended statute presumes knowledge in many cases when a suspension order is in the department’s records. If you opted into email, check it.
• Fuel tax offenses. The bill created penalties for counterfeiting or illegally altering fuel tax licenses and related permits and for misusing motor fuel tax documents. These provisions mainly affect fuel dealers, carriers, and trucking companies.
• Motor carriers. The bill moved motor carriers from registration to licensing and added recordkeeping requirements.

SB 488 was sponsored by Senator Massullo. It passed with near-unanimous support: 38 to 0 in the Senate on February 19, 2026, 108 to 1 in the House on March 9, 2026, and 36 to 0 when the Senate accepted the House’s changes on March 11, 2026, according to the official bill history. Governor DeSantis signed it on April 21, 2026.

What Should You Do After a Car Accident in Florida?

Follow these steps after any crash, whatever the damage looks like:

1. Stop as close to the scene as safely possible and stay there.
2. Check for injuries and call 911 if anyone is hurt. Render reasonable assistance.
3. Exchange your name, address, vehicle registration number, and, if asked, your driver license with the other driver.
4. Call police if anyone is injured or damage appears to be $2,000 or more. When in doubt, call; modern bumpers and sensors often cost more than they look.
5. If you hit an unattended vehicle or property, find the owner or leave a secure note, then notify police.
6. If no officer makes a report, file your own written report with FLHSMV within 10 days.
7. Be polite, but do not guess about speed, drinking, or fault. If the questions turn toward a crime, you may decline to answer until you speak with a lawyer.

This post is part of our guide to the new Florida criminal laws that took effect October 1, 2026, which summarizes all eight laws in one place.

Frequently Asked Questions

Is it illegal to leave the scene of a minor accident in Florida?

Yes. Leaving the scene of a crash involving an occupied vehicle or attended property, without stopping and exchanging information, is a second-degree misdemeanor regardless of the dollar amount of damage. The Brancato Law Firm defends leaving-the-scene charges through our Tampa criminal traffic lawyer practice.

Do I have to call the police for a parking lot accident in Florida?

You must call if anyone is hurt or the apparent damage is $2,000 or more, and you must notify police after striking an unattended car. Our attorneys at The Brancato Law Firm advise calling whenever the damage is unclear, because failing to report is an infraction while leaving improperly can be a crime.

What happens if I don’t report a car accident in Florida?

Failing to notify police of a reportable crash is a noncriminal traffic infraction, and failing to file a required written report within 10 days is also an infraction. The Brancato Law Firm sees the bigger risk in leaving the scene, which is a criminal charge, and in statements made after the investigation turns criminal.

Can my statements in a crash report be used against me?

Statements made only to complete a required crash report are privileged and cannot be used at trial, but statements made after an officer announces a criminal investigation and gives Miranda warnings can be. Our attorneys at The Brancato Law Firm review body camera footage to find exactly when that line was crossed.

Can Florida suspend my license by email?

Yes, if you authorized email notice. Notice is complete 20 days after the email, and failing to see it does not delay the suspension. The Brancato Law Firm defends driving while license suspended charges, including cases where the driver never knew of the suspension, through our criminal traffic defense attorneys.

Talk to a Tampa Criminal Traffic Lawyer Today

For more about our defense strategies, visit our Criminal Traffic practice page.

A minor crash can become a criminal case in the minutes after impact. If you have been cited or contacted about leaving the scene, or questioned after a crash, our attorneys will review the report, the video, and your statements and tell you where you stand. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were arrested for DUI in Tampa, the insurance consequence usually lands after the court case is over, when you try to reinstate your license and learn your policy must be rewritten at far higher limits. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a member of the National College for DUI Defense, and a former police academy instructor. Over more than 25 years in Hillsborough County courtrooms, our attorneys have defended DUI cases with the license, the insurance, and the record in mind from the first day.

What Is FR44 Insurance in Florida?

FR44 is not a separate kind of insurance. It is a certificate of financial responsibility that your insurance company files with FLHSMV to prove your auto policy meets the higher limits Florida requires after a DUI. Without that filing on record, FLHSMV will not reinstate your driving privilege after a DUI suspension or revocation.

The requirement comes from section 324.023, Florida Statutes. It applies to every owner or operator who, “regardless of adjudication of guilt, has been found guilty of or entered a plea of guilty or nolo contendere to a charge of driving under the influence under s. 316.193 after October 1, 2007.” Our Tampa DUI lawyer page explains how we defend the underlying charge that triggers it.

What Are the FR44 Insurance Requirements in Florida?

FR44 requires liability limits of $100,000 for bodily injury or death of one person, $300,000 for bodily injury or death of two or more people, and $50,000 for property damage, in any one crash. These are the limits written into section 324.023. A driver who chooses a certificate of deposit instead of an insurance policy must deposit at least $350,000.

The SR-22 limits come from the definition of “proof of financial responsibility” in section 324.021(7), Florida Statutes. The FR44 limits are five to fifteen times higher, which is why the premium increase after a DUI is usually far larger than after an ordinary suspension.

Does a Withhold of Adjudication Avoid FR44 in Florida?

No. Section 324.023 applies “regardless of adjudication of guilt,” and in a DUI case a withhold is not available anyway. Section 316.656(1), Florida Statutes, says that “no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193.”

Florida courts enforce that rule strictly. In State v. Rowell, 669 So. 2d 1089 (Fla. 2d DCA 1996), Robert Rowell entered an open guilty plea to DUI and driving while his license was suspended, and the trial judge withheld adjudication on the DUI and placed him on five years of drug offender probation. The Second District Court of Appeal reversed, holding that the statute’s requirement “is mandatory, and a court cannot circumvent it,” and sent the case back for the judge to adjudicate Rowell guilty.

The practical point is simple. Once a DUI plea is entered, adjudication and the FR44 requirement follow. Any chance to avoid FR44 comes from the outcome of the criminal case itself.

How Long Do You Need FR44 Insurance in Florida?

You must carry the FR44 limits for a minimum of 3 years. Section 324.023 also provides an exemption once a driver “has not been convicted of driving under the influence or a felony traffic offense for a period of 3 years from the date of reinstatement of driving privileges” for the DUI.

FLHSMV’s own instructions to insurers, issued when the law took effect, describe the same rule. Its Financial Responsibility bulletin of December 19, 2007 states that DUI cases “will require the increased limits of 100k/300k/50k in order to reinstate,” that the FR44 “must be maintained for 3 years,” and that the requirement applies only to convictions after October 1, 2007. The bulletin also explains that insurers report an FR44 cancellation to the department on a separate form, called an FR-46.

What Happens If Your FR44 or SR-22 Insurance Lapses?

A lapse lets FLHSMV suspend your license and registration again. Under section 324.0221, Florida Statutes, insurers must report a cancellation or nonrenewal to the department within 10 days, and the department must suspend the license and registration, after notice and an opportunity to be heard, when required coverage is not in effect.

To fix a lapse, you generally must buy a qualifying policy, have the insurer file a new certificate, and pay a reinstatement fee. Section 324.071, Florida Statutes, sets a $15 reinstatement fee for many financial responsibility suspensions, and FLHSMV’s 2007 bulletin listed higher fees of $150, $250, or $500 for FR44 cases where the driver lacked the required limits. Driving during a suspension creates a new criminal charge, so our attorneys at The Brancato Law Firm tell clients to keep proof of every renewal.

What Is SR-22 Insurance in Florida, and When Is It Required?

An SR-22 is a certificate your insurer files with FLHSMV proving you carry at least the standard 10/20/10 liability limits after certain suspensions. It is not tied to DUI. The most common triggers are a crash while uninsured and a license revocation for a listed conviction.

• A crash without required insurance. Under section 324.051, Florida Statutes, the department suspends the license and registrations of an uninsured operator or owner involved in a reportable crash, and that suspension lasts up to 3 years unless reinstated under chapter 324.
• A mandatory revocation. Under section 322.26, Florida Statutes, FLHSMV must revoke a license after convictions such as a felony in which a motor vehicle was used, failure to stop and render aid after a crash with injury or death, or three reckless driving convictions within 12 months.
• Other suspensions under chapter 324. Section 324.072 requires proof of financial responsibility before a license or registration suspended under sections 322.26 or 322.27 can be restored.

Our Tampa criminal traffic lawyer page covers the traffic charges that most often lead to SR-22 filings, including driving while license suspended and reckless driving.

How Many DUI Crashes and Arrests Happen in Florida?

Florida recorded 6,026 impaired-driving crashes and 969 impaired-driving fatalities in 2023, according to FLHSMV’s Impaired Driving Education Campaign report (January 2025). Those crash numbers drive the policy behind FR44: the Legislature wants drivers with a DUI to carry enough coverage to compensate the people they may injure.

Locally, Hillsborough County law enforcement agencies made 2,808 DUI arrests in 2020, the most recent county-level year in FDLE’s Uniform Crime Report arrest tables. Every one of those arrests that ends in a DUI plea or verdict produces an FR44 requirement for the driver.

How Can You Avoid FR44 Insurance After a DUI Arrest in Tampa?

You avoid FR44 only by avoiding a guilty finding or a guilty or no contest plea to DUI. These are the outcomes our attorneys work toward, depending on the evidence:

1. Suppression of the stop or the evidence. A stop without reasonable suspicion, or an arrest without probable cause, can lead to suppression of the breath test, the field sobriety exercises, and the officer’s observations.
2. Challenging the breath or blood test. Breath instrument maintenance records, the 20-minute observation period, and blood-draw procedures are common grounds for excluding results.
3. A plea to a non-DUI offense. Section 324.023 is triggered by a DUI plea. A reduction to reckless driving under section 316.192 does not trigger FR44, although section 316.656(2) bars a lesser plea when a breath or blood test shows 0.15 or higher.
4. Dismissal or acquittal. A case that is dropped or tried to a not guilty verdict carries no FR44 requirement.

Each option depends on the facts, and none can be promised. In Hillsborough County, misdemeanor DUI cases are prosecuted in county court by the State Attorney’s Office for the 13th Judicial Circuit, and our Hillsborough County criminal defense attorney page explains how those cases move through the courthouse. If marijuana or another drug is alleged, our guide Can You Get a DUI for Marijuana in Florida? covers the added issues.

Frequently Asked Questions About FR44 and SR-22 Insurance in Florida

Do I need FR44 insurance if I don’t own a car in Florida?

The FR44 requirement attaches to the driver, so a person who wants a license reinstated after a DUI still needs an insurer to file the certificate, often through a policy that covers driving vehicles you do not own. The Brancato Law Firm can explain how the requirement fits your reinstatement timeline; ask your insurer which policy types it will file an FR44 on.

Does a DUI reduced to reckless driving require FR44 insurance in Florida?

No, section 324.023 applies only to a finding of guilt or a guilty or no contest plea to DUI under section 316.193. Our attorneys at The Brancato Law Firm negotiate reductions where the evidence supports them, which is why the breath test result and section 316.656(2) matter so much in plea talks; see our DUI defense page.

How long does a DUI stay on my FR44 record in Florida?

The FR44 limits must be carried for at least 3 years, and the driver becomes exempt after 3 years from reinstatement without another DUI or felony traffic conviction. The Brancato Law Firm reminds clients that a lapse during that period can trigger a new suspension.

Can I switch from FR44 back to regular insurance in Florida?

Yes, once the 3-year requirement is met and no new DUI or felony traffic conviction has occurred. Our attorneys at The Brancato Law Firm suggest confirming with FLHSMV that the requirement has ended before reducing coverage, since dropping limits early can lead to suspension.

Is SR-22 required after a DUI in Florida?

No, Florida requires an FR44 for a DUI conviction after October 1, 2007, and FLHSMV’s 2007 bulletin explains that the FR44 replaced the SR-22 for those cases. The Brancato Law Firm sees SR-22 filings far more often in suspended-license and uninsured-crash cases, which our criminal traffic defense attorneys handle.

Can a lawyer help me avoid FR44 insurance after a DUI arrest in Tampa?

Yes, if the case ends without a DUI plea or verdict, because FR44 is triggered only by the DUI outcome. The Brancato Law Firm reviews the stop, the arrest, and the test results in every DUI case for suppression issues before any plea is discussed.

Talk to a Tampa DUI Defense Attorney About Your License and Insurance

The administrative clock on a DUI arrest starts immediately: the driver has only 10 days from the date the notice of suspension is issued, usually the day of arrest, to request review of the administrative suspension under section 322.2615, Florida Statutes, and the criminal case decides whether the FR44 requirement follows. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review the stop, the test results, and your options. Call (813) 727-7159; you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa DUI Lawyer page. If the stop involved a police chase or a suspended license, our guide Is Fleeing and Eluding a Felony in Florida? explains those related charges.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

To choose a DUI defense attorney in Tampa, look for a lawyer who has taken DUI cases to jury trial and can give you case numbers to check. Before you sign, find out which attorney will actually handle your case. Get in writing what the fee covers, including the request to review your license suspension. Make the choice in the first few days after the arrest. Florida gives you 10 days from the date your notice of suspension was issued to request a review of the suspension. The lawyer you hire should be the one who makes that request.

Rocky Brancato, who founded The Brancato Law Firm, has more than 25 years of criminal defense experience. He spent most of those years at the Hillsborough County Public Defender’s Office, where he served as Chief Operations Officer and oversaw a staff of over 100 attorneys. In his book on choosing a criminal defense attorney, Rocky explains that the lawyer you hire affects every later decision in your case, from the defense strategy to whether to accept a plea offer. He also points out that costly mistakes tend to happen when people choose in a hurry, based on an ad or a bold promise.

If this is the first time you have had to hire a lawyer, the ads and websites can all look alike, so it can be hard to know where to start. The 10-day deadline means you need to move quickly, but it still leaves you time to compare. Plan on talking with two or three firms in the first few days. Compare what they tell you before you sign with any of them.

How soon do I need to hire a DUI lawyer in Tampa?

Hire a DUI lawyer within the first few days after your arrest, because the deadline to request a review of your license suspension is 10 days. The review is handled by the Florida Department of Highway Safety and Motor Vehicles. Section 322.2615 of the Florida Statutes sets the deadline: the driver “may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension…”. A formal review is a hearing where witnesses can be questioned. An informal review is decided on the documents alone.

The notice of suspension is the paper the officer gives you after taking your license at the arrest. If you were otherwise eligible to drive, the officer also gives you a 10-day temporary permit, and that permit runs out at midnight on the 10th day after the notice was issued. The review is your chance to challenge the suspension. If no one requests it within those 10 days, you lose that chance, and the suspension runs its full length. For a breath or blood alcohol level of 0.08 or higher, that is 6 months for a first suspension, or 1 year if your license was suspended this way before.

The license review is a separate case from your criminal charge. It is a civil, administrative proceeding, which means the department decides it outside of court. The only question in the review is what happens to your driver license. Still, both cases come from the same arrest, and they move forward at the same time. Witnesses at a formal review hearing testify under oath, and that sworn testimony can come up again in the criminal case. Depending on what is said, that testimony can help or hurt your defense. A lawyer who handles both cases can plan the license review with the criminal case in mind. That is why the lawyer you hire for the criminal case should also be the one who requests and handles the license review.

What experience should a DUI lawyer have?

A DUI lawyer should have tried DUI cases in front of a jury, argued motions in DUI cases, and kept up with the science behind breath and blood testing. A motion is a request asking the judge to decide a legal issue in the case. A misdemeanor DUI in Tampa is heard in Hillsborough County Court, so ask how much of that experience comes from that court.

Years in practice do not tell you how much courtroom work a lawyer has done. Ask about DUI jury trials and motion hearings specifically. A lawyer who tries cases learns how to question people during jury selection, how to cross-examine the State’s witnesses, and how to explain complicated facts to a jury in plain language. That lawyer also learns what persuades a jury and what does not.

Look for a lawyer who prepares every DUI case as if it will go to trial. That preparation shows the prosecutor your lawyer is ready to try the case, so the prosecutor has to consider the chance of losing at trial when deciding what plea offer to make. It also helps your lawyer find weak points in the State’s evidence and legal issues that can support a motion, such as a challenge to whether a piece of evidence can be used at all. If a plea agreement turns out to be the best option, your lawyer can negotiate it knowing where the State’s evidence is weak. To find out whether a lawyer works this way, ask in the consultation how they would prepare your case for trial. A lawyer who does this work can describe the specific steps. Our article on how to fight a DUI charge in Hillsborough County explains the defenses themselves.

The evidence in a DUI case can include a breath test, a blood test, and the roadside field sobriety exercises the officer asked you to do. A DUI lawyer should know how Florida’s approved breath test instruments and testing rules work. Ask what DUI training the lawyer takes to stay current on breath testing, blood testing, and the rules that govern them. The lawyer should also know when a case needs an expert, such as a toxicologist to review the test results. Ask for an example of a case where bringing in an expert helped the defense.

What credentials should a Tampa DUI lawyer have?

Credentials and job titles are worth checking, but none of them proves DUI trial experience on its own. Any firm can build a professional website and pay to appear at the top of search results, so how often you see a lawyer’s ads tells you nothing about that lawyer’s trial record. A website can also list DUI as a practice area whether or not the lawyer has tried a DUI case. Florida does limit some of the words lawyers use in ads, so it helps to know what the common labels mean.

Does a DUI lawyer need to be board certified?

No. Board certification is one signal of experience among several, and a lawyer does not need it to handle a DUI case. The Florida Bar certifies lawyers in Criminal Trial Law, which requires years of criminal trial work, a minimum number of jury trials, peer review by other lawyers and judges, and a written exam. Those trials can be any kind of criminal case, so the certification shows broad jury trial experience. It does not tell you how many DUI cases the lawyer has tried.

The Florida Bar has no DUI certification area. A national organization, the National College for DUI Defense (NCDD), certifies lawyers in DUI Defense Law. NCDD states that it is the only organization accredited by the American Bar Association to do so. NCDD’s requirements include a minimum number of DUI trials, so a lawyer with this certification has DUI trial experience. A lawyer without it may have that experience too, so ask about DUI trials either way.

If a lawyer’s ad says “board certified,” check that it names the organization that did the certifying. Florida’s lawyer advertising rules require every ad that claims board certification to name the certifying organization, even when that organization is The Florida Bar. The words “specialist” and “expert” do not require a certificate, so when a lawyer uses them, ask what supports the claim: how many DUI trials, which cases, and what training.

Is a former prosecutor better for a DUI case?

Not necessarily. Strong DUI lawyers come from prosecutors’ offices, public defenders’ offices, and private practice. The experience a lawyer has now matters more than the path they took to get there. A title like “former prosecutor” or “former public defender” tells you where a lawyer worked. It does not tell you how long they stayed, what kinds of cases they handled, or whether they tried cases to a jury. Ask what types of cases the lawyer handled in that job, how long they held it, and whether the work included DUI jury trials.

How to check a DUI lawyer’s background before you hire

You can check most of what a lawyer tells you yourself, online and for free, before you sign anything. The Florida Bar’s own consumer guide to finding a lawyer tells you to confirm that the person you are considering is an attorney, review any discipline history, and ask whether they have handled cases like yours.

Court records in Florida are generally open to the public, so a lawyer who has tried DUI cases should be able to give you case numbers without hesitating.

You can also ask a lawyer you already know, even one who does not practice criminal law, what they have heard about the lawyers on your list. Lawyers often know which local attorneys regularly try cases.

The same checks work for any criminal charge. Our complete guide to choosing a criminal defense attorney in Tampa covers them for cases other than DUI.

Questions to ask a DUI lawyer in a consultation

Bring the same questions to every consultation so you can compare the answers side by side. A lawyer with real DUI experience answers them directly, with names, numbers, and specifics.

Who will handle your case

After you sign, a firm may pass your case to an attorney you have never met, so ask these questions before you sign.

• “Which attorney will handle my case, and will that attorney argue the motions and try the case if it goes to trial?” A straight answer gives you a name and says plainly what that attorney will do.
• “Will the attorney I am meeting with stay involved in my case?” A straight answer explains what that attorney’s role will be after you sign, such as reviewing strategy or appearing at hearings.
• “Will you name the lead attorney and that attorney’s role in the fee agreement?” A straight answer is yes, with the name written into the fee agreement before you sign.
• “How many active cases are you handling right now?” A straight answer is an actual number, along with how the lawyer makes time to prepare each case.

Experience

• “How many DUI jury trials have you handled?” A straight answer is a number, given without hesitating.
• “Have you tried DUI cases like mine in Hillsborough County Court?” A straight answer describes similar cases the lawyer has tried, such as cases built on a breath test or a blood test.
• “Can you give me case numbers for some of those trials?” A straight answer is yes, followed by case numbers you can look up on the clerk’s website.
• “When do you bring in an expert in a DUI case, and can you give me an example?” A straight answer names the kind of case that calls for an expert and the kind of expert used, such as a toxicologist reviewing blood test results.
• “What DUI training have you taken recently?” A straight answer names specific programs or organizations.

The license review

• “Will you request the review of my license suspension before my 10 days run out?” A straight answer confirms the date your deadline falls on and who will make the request.
• “Will the same lawyer handle the license review and the criminal case?” The answer you want is yes, with the name of the lawyer who will handle both.

Fees and costs

• “What does your fee cover?” A straight answer goes through the license review, motions, and trial, and says whether each one is included.
• “Will the fee change if my case goes to trial?” A straight answer is a clear yes or no, written into the fee agreement. If the answer is yes, ask how much the trial fee is, so you know the total fee for the case before you sign.
• “How are costs like expert fees handled?” A straight answer explains that costs are separate from the fee and how you would pay them.

Communication

• “Will I be able to contact my attorney directly?” A straight answer tells you how to reach the attorney and who responds when the attorney is in court.
• “Is there a secure portal for sharing documents?” A straight answer is yes or no, and if the answer is no, it tells you how you will share documents safely.
• “How quickly do you return calls and messages?” A straight answer gives a specific time frame.

How much does a DUI lawyer cost in Tampa?

The cost of a DUI lawyer in Tampa depends on how serious the charge is, how complicated the evidence is, and how much time the case will take, so the only reliable number is a written quote for your case. Most criminal defense lawyers charge a flat fee, which is one fixed amount for handling the case. That amount rises with the seriousness of the charge. Defending a DUI generally costs more than defending a charge of driving without a valid license, and less than defending a DUI that involved an injury.

Most people do not budget for a defense lawyer, so a large quote can feel overwhelming. When you compare quotes, ask exactly what each flat fee covers, and whether it includes the license review, motions, and trial.

Some firms charge a separate trial fee on top of the fee for the pre-trial work. With a separate trial fee, going to trial costs you more, so you may end up weighing a plea offer against that added cost. It also gives the lawyer a financial incentive to settle before the case is fully prepared for trial, because the lawyer is paid the same pre-trial fee whether the case settles early or is fully prepared. The Brancato Law Firm charges one flat fee for the entire case, including trial, so you can decide on a plea offer without also weighing an added trial fee.

Get the fee agreement in writing before you pay. It should list what the fee covers and say whether any part of the fee is nonrefundable.

Fees and costs are two separate things. The fee pays for the lawyer’s time and experience. Costs are handled separately from the fee, and they pay for outside help the defense needs, such as an expert witness, an investigator, or a court reporter. Ask how the firm handles costs. One method is a cost deposit held in the firm’s trust account and used to pay each cost, with any unused money returned to you. The other method is paying the expert, investigator, or other provider directly, in advance.

A DUI lawyer cannot offer “no fee unless we win.” Florida’s rules do not allow a lawyer to charge a contingent fee for defending someone in a criminal case. A contingent fee is a fee paid only if the case is won.

If one lawyer quotes a fee far below the others, ask why. A very low fee can mean the lawyer takes on a large number of cases to make up the difference, which leaves less time for yours. Our article on how much a criminal defense attorney costs in Tampa covers pricing in more detail.

Red flags when hiring a DUI lawyer

Do not hire a lawyer who promises a result, relies on connections, pushes you to sign, or cannot give plain answers about trial experience.

• A promised result. No lawyer can promise how a DUI case will end, and Florida’s lawyer advertising rules bar ads that predict or guarantee results. A lawyer who promises you an outcome in person is telling you what you want to hear.
• Talk of “connections.” If a lawyer says “I know the prosecutor” or “The judge and I have a relationship,” ask what that does for your defense. Any experienced local lawyer has spent time with the prosecutors and judges, and that familiarity does not get your case special treatment.
• Pressure to sign right away. If you feel rushed or pushed to sign a fee agreement before you have had time to think, slow down. A good lawyer will give you time to compare.
• Vague answers about trial experience. If a lawyer says they have “handled serious cases” but cannot name a DUI jury trial or give you a number, treat that as a warning. Lawyers who try cases know their records and can give you examples.
• A firm that will not name your lawyer. If a firm refuses to put the lead attorney’s name and role in the fee agreement, do not sign.
• A fee far below everyone else’s. Ask the lawyer to explain the difference before you sign.

Our article on red flags to avoid when choosing a Tampa criminal defense attorney goes through these warning signs in more depth.

What should a good DUI consultation feel like?

A good DUI consultation leaves you with a clear understanding of your charge and your options. The lawyer explains the process in plain language, tells you honestly what the risks are, and makes no promises about the outcome. Nobody pushes you to sign a fee agreement at the meeting. If the lawyer does not think the firm is the right fit for your case, they tell you so.

The lawyer should also listen more than talk. Expect questions about your goals, your concerns, and your background. Your own questions should get direct answers. You may need to share details that are personal or embarrassing, so you need a lawyer you can be honest with and who is honest with you in return.

You may still feel worried when the meeting ends, but you should understand what happens next. Before you sign, ask yourself one last question: is this the lawyer you want standing next to you in court if your case goes to trial? Base your answer on the lawyer’s DUI trial record, the case numbers you were able to check, and how directly the lawyer answered your questions.

Public defender or private DUI lawyer?

If you cannot afford a private lawyer with real DUI trial experience, a public defender may be a better choice than a low-cost private lawyer. The public defender’s office has competent attorneys.

To ask for a public defender, you apply through the clerk of court and pay a $50 application fee. Under section 27.52 of the Florida Statutes, the clerk decides whether you qualify, based on whether your income is at or below 200 percent of the federal poverty guidelines for your household size. People who receive certain benefits, such as SSI, also qualify. A DUI charge can carry jail time, so you can get a public defender for a DUI if you qualify. That changes if the court enters an order of no imprisonment, which means the court has decided you will not be sentenced to jail in the case. Once that order is entered, a public defender cannot be appointed, and an existing appointment ends. Our article on public defenders versus private attorneys in Tampa explains the choice in more detail.

Talk with a Tampa DUI defense attorney

If you or someone in your family was arrested for DUI in Tampa or elsewhere in Hillsborough County, call us at (813) 727-7159 for a free, confidential consultation. We are available 24/7 for arrest emergencies. Bring your list of questions and ask us the same things you ask every other firm. We handle first and repeat DUI cases, including felony DUI, and the 10-day license review. If you would rather meet in person, our office is in downtown Tampa, two blocks from the Hillsborough County Courthouse. You can read more about our Tampa DUI defense work, or contact us online to set up a time to talk.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Hit-and-run cases are often decided by one fact the State has to prove beyond a reasonable doubt: that the driver actually knew there had been a crash. Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, has spent more than 25 years in Hillsborough County courtrooms watching that question shape these cases from the first investigation to the verdict. Our attorneys defend leaving the scene charges across Hillsborough, Pinellas, and Pasco Counties, from property damage misdemeanors to fatal-crash felonies, and we often step in while police are still investigating.

Is leaving the scene of an accident a felony in Florida?

Yes, when the crash caused injury or death. Section 316.027, Florida Statutes requires a driver to “immediately stop” and “remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062.” The degree of the felony depends on the harm. A crash with only property damage falls under section 316.061, Florida Statutes and is a misdemeanor.

The maximums come from section 775.082, Florida Statutes and section 775.083. Our Tampa criminal traffic lawyer team checks the injury classification first, because the line between “injury” and “serious bodily injury” can move a case a full felony degree.

What does Florida law require a driver to do after a crash?

Stop, stay, share information, and help anyone hurt. Under section 316.062, Florida Statutes, the driver must give a name, address, and vehicle registration, show a license on request, and “render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital … if it is apparent that treatment is necessary, or if such carrying is requested.” If no one is able to receive the information and no officer is present, the driver must report the crash “forthwith” to the nearest police office.

Two parts of that statute matter in defense work. Section 316.062(3) says the duty does not require information that “would violate the privilege of such person against self-incrimination.” Section 316.062(4) makes a violation of section 316.062 by itself a noncriminal traffic infraction. The crime comes from leaving before the duties are met.

A driver cannot leave first and report later. In Paleveda v. State, No. 2D2024-0980 (Fla. 2d DCA Jan. 23, 2026), a Hillsborough County fatal crash case, the defense asked for a jury instruction allowing a driver to leave “to find the nearest police station so he could report the accident.” The Second District held the judge properly refused it, because the driver had to stay and determine the victim’s condition first. “Paleveda did not stop. He ran,” the court wrote, and the conviction was affirmed “in all respects.” Our attorneys at The Brancato Law Firm build the defense around what the driver knew and did in those first minutes.

What does the State have to prove in a leaving the scene case?

The State must prove that the defendant was the driver, that the driver knew a crash occurred, that the driver knew or should have known someone was hurt (for the felony tiers), and that the driver willfully failed to stop, remain, or give information and aid. Fault for the crash is not an element. A driver who did nothing wrong in the collision can still be convicted for leaving.

Knowledge of the crash must be actual knowledge. In State v. Dorsett, 158 So. 3d 557 (Fla. 2015), the Florida Supreme Court held that “the State must prove beyond a reasonable doubt that the driver had actual knowledge of the crash, an essential element of the crime.” The standard jury instruction had allowed a conviction if the driver “knew or should have known” of the crash, and the Court held that wording was wrong as to the crash.

The injury element uses a lower standard. Under Dorsett, the State may prove knowledge of injury by showing the driver knew or reasonably should have known of it “from the nature of the accident.” That split matters at trial. A light impact at night, loud music, or a collision with the rear of a long vehicle can each create doubt that the driver knew anything happened, and our attorneys at The Brancato Law Firm reconstruct exactly what the driver could see and hear.

What is the mandatory minimum for leaving the scene of a fatal crash?

Four years in prison. Section 316.027(2)(c) provides that a driver who leaves a crash involving a death “shall be sentenced to a mandatory minimum term of imprisonment of 4 years.” The same 4-year minimum applies if the driver was also DUI. The minimum, the serious bodily injury tier, and the 3-year revocation came from the Aaron Cohen Life Protection Act, chapter 2014-225, Laws of Florida.

The minimum can sometimes be avoided. Under section 316.027(2)(g), the defense may move to depart from the 4-year minimum unless the violation involved DUI. The State may object, and the court may depart only if the minimum “would constitute or result in an injustice,” with reasons stated in open court. A driver arrested on a fatal leaving the scene charge who has certain prior convictions, including a prior leaving the scene or DUI conviction, “shall be held in custody until brought before the court for admittance to bail.”

Sentencing points are another fight. In Chang v. State, No. 2D2023-2090 (Fla. 2d DCA May 14, 2025), a Sarasota County driver pleaded to leaving the scene of a fatal crash and tampering. The judge scored 120 victim-injury points under section 921.0021(7)(e), which allows those points when “the offender caused victim injury,” even though leaving the scene did not cause the death. The Second District upheld the statute against a facial challenge and affirmed a sentence of 15 years in prison followed by probation. The lesson is to contest causation-based points rather than stipulate to them. When the State also claims the driver caused the death, the case may overlap with DUI manslaughter or vehicular homicide, which our attorneys defend as well.

What other penalties come with a leaving the scene conviction?

License revocation, restitution, and possible enhancements:

1. Revocation. Section 316.027(2)(e) requires revocation “for at least 3 years” for any injury, serious bodily injury, or death conviction. Before reinstatement, the driver must complete a victim’s impact panel or an approved vulnerable road user course.
2. Restitution. For the felony tiers, the court “shall order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling reasons not to.” Since October 1, 2025, chapter 2025-14, Laws of Florida also lets a court order restitution for property damage in a section 316.061 case when the driver “caused or otherwise contributed to the crash.”
3. Vulnerable road user enhancement. If the victim was a pedestrian, bicyclist, motorcyclist, scooter rider, road worker, or another vulnerable road user, the offense is “ranked one level above” its normal ranking under section 316.027(2)(f).

Our attorneys at The Brancato Law Firm check each of these before any plea discussion, because a 3-year revocation can matter as much as the sentence.

How do police build a hit-and-run case?

Usually from the scene outward. Investigators start with what was left behind, such as vehicle parts and paint transfer. They canvass for home and business cameras along the route, then identify the vehicle and its registered owner. The last step is often an interview at the owner’s front door, before any arrest.

That interview is where many cases are made. The registered owner is not always the driver, and the officer at the door is trying to close that gap with your own words. Our post on the accident report privilege explains how Florida treats statements made for a crash report. If a detective has called or left a card, our representation before charges are filed can handle the contact, gather the video and phone records that help you, and speak with the State Attorney’s Office before a charging decision.

How common are hit-and-run crashes in Florida?

Common. In 2023, Florida recorded 105,092 hit-and-run crashes, which killed 276 people and caused 954 incapacitating injuries and 21,702 other injuries, according to the FLHSMV Traffic Crash Facts Annual Report 2023. The same report counted 107,844 hit-and-run crashes in 2022 and 109,646 in 2021.

National research shows why identity is so often disputed. The AAA Foundation for Traffic Safety reported in Understanding the Increase in Fatal Hit-and-Run Crashes (March 2026) that hit-and-run deaths nationwide peaked at 2,972 in 2022, 7% of all traffic deaths, and that nearly 80% of those deaths happened in darkness. Among hit-and-run drivers who were identified, over half were driving a vehicle they did not own. Our attorneys at The Brancato Law Firm never assume the owner was the driver.

How do our attorneys fight a leaving the scene charge?

We test every element, then work on the charge level and the sentence:

In practice, that means our attorneys:

1. Reconstruct what the driver perceived, using the vehicle damage, lighting, speed, and sound.
2. Pin down who was driving, with cell phone location, toll and camera records, and witnesses.
3. Document what the driver did do, such as stopping briefly, calling 911, or returning.
4. Challenge the medical proof that an injury was “serious bodily injury.”
5. Prepare a departure case early in fatal cases with no DUI allegation, with family, employment, and remorse evidence.

What should you do if police want to talk to you about a crash?

Call a lawyer before you answer questions. A detective’s request for “your side of the story” usually means the investigation already points at you or your car. In Hillsborough County, a person arrested on a leaving the scene charge sees a judge at first appearance within 24 hours, held at the Orient Road Jail, and the State Attorney’s Office for the 13th Judicial Circuit files the charging information. Our Hillsborough County criminal defense attorney team handles those first appearances. Until then:

1. Do not explain the damage to your car to police, insurers, or friends.
2. Do not repair, sell, or hide the vehicle.
3. Save your phone records and any video from the time of the crash.
4. Let your lawyer arrange any surrender, which can affect bond.

If the case also involves a police chase, see our guide on fleeing and eluding in Florida, since fleeing an officer while leaving a crash that caused injury or property damage is charged as aggravated fleeing.

Frequently asked questions about leaving the scene in Florida

Can leaving the scene charges be dropped in Florida?

Yes, when the State cannot prove the driver knew of the crash, cannot prove who was driving, or the driver’s own actions met the duties in section 316.062. The Brancato Law Firm often presents that evidence to prosecutors through our pre-file advocacy before a charge is filed.

Can I be charged with leaving the scene if the crash was not my fault?

Yes. Fault is not an element; the duty to stop applies to every driver involved, and our attorneys at The Brancato Law Firm focus instead on knowledge, identity, and what the driver actually did after the impact.

Can I leave a crash to go report it to the police?

Not before checking on anyone who may be hurt. In Paleveda v. State, the Second District rejected a jury instruction that would have let a driver leave to find a police station first, and our attorneys at The Brancato Law Firm explain how that ruling applies to your timeline. Our post on the accident report privilege covers what to say afterward.

Is there mandatory prison for leaving the scene with an injury in Florida?

No mandatory minimum applies to the injury or serious bodily injury tiers; the 4-year minimum applies only when someone died. The Brancato Law Firm works the scoresheet and the facts in injury cases to argue for a sentence without prison, as described on our criminal traffic defense page.

How long is your license revoked for leaving the scene in Florida?

At least 3 years for a conviction involving injury, serious bodily injury, or death, under section 316.027(2)(e). Our attorneys at The Brancato Law Firm consider the revocation in every plea discussion, because it can cost a client a job.

Should I turn myself in after leaving the scene of an accident?

Talk to a lawyer first, so the surrender is arranged and nothing you say adds to the State’s case. The Brancato Law Firm can contact the investigating agency on your behalf, as explained on our Hillsborough County criminal defense page.

Contact our Tampa leaving the scene defense attorneys

If a detective has left a card at your door or called about a crash, the investigation is already under way. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will handle the police contact, gather the video and phone records, and press the knowledge and identity questions from the start. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Criminal Traffic Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were arrested for DUI in Tampa this week, your license is on a faster clock than your criminal case. The suspension started the day the officer handed you the citation, and the temporary permit expires at midnight on the 10th day. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a member of the National College for DUI Defense, and a former police academy instructor. Our attorneys handle the license case and the criminal case together for drivers in Hillsborough, Pinellas, and Pasco Counties.

This guide explains your three options, what happens at a formal review hearing, when the waiver makes sense, and what happens to your license if the criminal case ends in a conviction.

What happens to your license when you are arrested for DUI in Florida?

The officer takes your license and gives you a notice of suspension that works as a 10-day temporary permit. Under section 322.2615, Florida Statutes, the suspension begins on the date the notice is issued, and the permit “expires at midnight of the 10th day following the date of issuance of the notice of suspension.”

This is an administrative suspension by the Florida Department of Highway Safety and Motor Vehicles. It happens before any judge decides anything in the criminal case, and a not-guilty verdict months later does not automatically undo it. Our attorneys at The Brancato Law Firm treat the first 10 days as the most important deadline in a DUI case.

How long is the license suspension after a DUI arrest?

The length depends on whether you took the test and whether you have a prior suspension. Section 322.2615(1)(b) sets the periods.

The hardship waits in the right column come from section 322.2615(10) and run from the end of the last temporary permit. They apply when the suspension is upheld after a review. The eligibility review described below works differently, which is why the choice you make in the first 10 days matters so much.

What are your three choices within the 10 days?

You have three choices, and you must make one within 10 days after the notice of suspension is issued. The statute lets a driver “request a formal or informal review of the suspension” or “request a review of eligibility for a restricted driving privilege under s. 322.271(7).”

Our attorneys at The Brancato Law Firm make this choice with each client based on the video and the paperwork. The decision is permanent once the eligibility license is accepted.

What happens at a formal review hearing?

A formal review hearing is an administrative hearing before a Department hearing officer, not a judge. The Department must schedule it within 30 days after it receives the request, or “the department shall invalidate the suspension.” The hearing can be held by communications technology, and the hearing officer can issue subpoenas for the officers and witnesses named in the arrest paperwork.

The hearing officer decides “by a preponderance of the evidence” whether to sustain, amend, or invalidate the suspension. For a breath-result suspension, the issues are probable cause and whether the result was 0.08 or higher. For a refusal suspension, the issues are probable cause, whether you refused after a request, and whether you were warned about the suspension. The Florida Supreme Court added one more issue in Florida Department of Highway Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011): the department cannot suspend a license for a refusal that was not incident to a lawful arrest.

Two rules make these hearings worth fighting:

• The no-show rule. Under section 322.2615(11), if the arresting officer or the breath technician fails to appear under a subpoena, the department must invalidate the suspension. In Objio v. State, Department of Highway Safety & Motor Vehicles, 179 So. 3d 494 (Fla. 5th DCA 2015), the court called that rule “absolute, mandatory, and quite clear” and ordered the suspension invalidated.
• The video rule. In Wiggins v. Florida Department of Highway Safety & Motor Vehicles, 209 So. 3d 1165 (Fla. 2017), the Florida Supreme Court held that an officer’s account that is “totally contradicted” by video evidence is not competent evidence to sustain a suspension.

The hearing also gives our attorneys something the criminal case will not offer for months: the officer’s sworn account of the stop, the driving pattern, and the warnings. That testimony often shapes the motion to suppress in the DUI case.

Should you waive the hearing for a hardship license?

Sometimes. The eligibility review under section 322.271(7), Florida Statutes is available only to a driver who has never had a suspension under section 322.2615, has never been disqualified under section 322.64, and has never been convicted of DUI. It applies “notwithstanding” the 30-day and 90-day hardship waits, so an eligible driver can keep driving for business purposes from the start.

The trade is real. Under section 322.271(7)(c), accepting the restricted license “is deemed a waiver of the right to formal and informal review.” The Department’s Request for Eligibility Review form (HSMV 72034) requires enrollment in DUI school, warns that the restricted license will be canceled if the course is not completed within 90 days, and lists a $25 fee. The license lasts the full suspension period: 6 months for a breath result, 1 year for a refusal.

When the video shows a weak stop or a defective warning, our attorneys usually fight the suspension instead of waiving it, because winning restores full driving privileges and builds the record for the criminal case. When the hearing issues are thin and the client must drive to work next week, the waiver is often the better choice. The Brancato Law Firm explains both paths before the deadline.

What if you lose the formal review hearing?

You can ask the circuit court to review the decision by a petition for writ of certiorari under section 322.2615(13). The petition does not stop the suspension, and the court does not rehear the case from scratch. In Department of Highway Safety & Motor Vehicles v. Begera, 420 So. 3d 1119 (Fla. 5th DCA 2025), the Fifth District held that the circuit court must defer to the hearing officer’s findings unless no competent evidence supports them, and reversed an order that had thrown out a suspension over a time discrepancy in the paperwork.

Certiorari still wins cases. In September 2025, after a client lost at the DHSMV hearing, our firm’s certiorari petition in circuit court reinstated both his regular license and his commercial driver license. Past results do not guarantee future outcomes.

Where are DUI license hearings held for Tampa drivers?

Hillsborough County hearings are handled by the Department’s Bureau of Administrative Reviews office at 2814 E. Hillsborough Ave., Tampa, FL 33610, according to the FLHSMV Hillsborough County locations page. That office lists hardship licenses, formal DUI reviews, and the first-DUI waiver among its services. The statute allows hearings by communications technology, and the Department says some services can be handled without a visit.

One 2026 change affects the paperwork. Chapter 2026-39, Laws of Florida, effective October 1, 2026, allows the Department to email the decision in an informal review to the email address the driver provided, so check your email as well as your mail after a review.

How many license hearings happen in Florida?

Tens of thousands each year. The Department’s Office of Inspector General reported in its December 2024 audit of the Bureau of Administrative Reviews that the bureau held 26,052 hearings and reviews statewide from July 1, 2023 through June 30, 2024, across eight offices.

The local volume is just as heavy. FDLE’s Total Arrests by County, 2020, the most recent county-level FDLE table, counted 2,808 DUI arrests in Hillsborough County, 2,027 in Pinellas, and 661 in Pasco. The Florida Department of Transportation’s FY2025 Highway Safety Annual Report says the MADD court monitoring program tracked more than 4,100 DUI cases in Hillsborough County from October 2024 through September 2025.

What happens to your license if you are convicted of DUI?

A DUI conviction brings a separate revocation by the court under section 322.28, Florida Statutes, in addition to the administrative suspension.

Ignition interlock periods are set by section 322.2715, Florida Statutes: at least 1 year after a second conviction and at least 6 months after a first conviction at 0.15 or higher. Research supports the requirement. A study by Kaufman and Wiebe in the American Journal of Public Health, Impact of State Ignition Interlock Laws on Alcohol-Involved Crash Deaths in the United States (2016), found lower alcohol-involved crash death rates in states with universal interlock laws. This is why the result of the criminal case matters to the license, and why our attorneys often negotiate DUI charges down to reckless driving, which carries no DUI revocation.

What should you do this week?

Five steps protect the license and the case:

1. Find the date on your notice of suspension and count 10 days from it.
2. Decide on the review with a lawyer before that date: formal review, informal review, or eligibility review.
3. Ask for the evidence. The arrest affidavit, the breath result or refusal affidavit, and the video decide most hearings.
4. Enroll in DUI school if you choose the waiver, because the restricted license is canceled if the course is not completed in time.
5. Do not drive on an expired permit. Driving after the permit expires can lead to a separate charge for driving while license suspended.

Our Tampa DUI lawyer team files the review request, subpoenas the officers, and coordinates the hearing with the criminal defense. If you refused the test, our guide on whether refusing a breathalyzer is a crime in Florida explains the new refusal charge, and our post on what happens after a DUI arrest in Hillsborough County walks through the whole case timeline.

Frequently asked questions about your license after a DUI arrest

Can I drive after a DUI arrest in Florida?

Yes, for 10 days. The notice of suspension is a temporary permit that expires at midnight on the 10th day, and our attorneys at The Brancato Law Firm use that window to request the review that decides whether you keep driving.

Does the 10-day deadline count from the arrest or the notice?

The statute counts it from the date the notice of suspension is issued. That is usually the arrest date, but not always, so The Brancato Law Firm reads the date on the notice itself before calculating the deadline.

Is the DUI waiver hearing worth it for a first offense?

It depends on the evidence. The waiver gives a first-time driver a business-purposes-only license right away but gives up the chance to beat the suspension, and our attorneys at The Brancato Law Firm compare that trade against the video and the paperwork in each case. Our DUI defense attorneys in Tampa can review your case before the deadline.

What if the officer does not show up to the formal review hearing?

If the arresting officer or breath technician was subpoenaed and fails to appear, section 322.2615(11) requires the department to invalidate the suspension. The Brancato Law Firm subpoenas both witnesses so that rule is available.

Can I get a hardship license after a DUI refusal?

Often, yes. A first refusal suspension allows a business-purposes-only license after a 90-day wait if the suspension is upheld, or sooner through the eligibility review if you qualify, and our attorneys at The Brancato Law Firm explain which route fits your record. Read more in our guide to breath-test refusal in Florida.

Does winning the license hearing end the DUI case?

No. The license case and the criminal case are separate, and the result of one does not decide the other. The Brancato Law Firm uses the hearing testimony to build the criminal defense, and you can see how DUI cases have been resolved on our case results page.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa criminal traffic defense practice.

Talk to a Tampa DUI attorney before your permit expires

Count the days on your notice of suspension, then call. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will file the review request, subpoena the officer, and tell you whether the hearing or the waiver gives you the better result. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa DUI defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Most refusal cases are decided by what the officer said, in what order, before the driver said no. Body camera audio usually settles it. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I bring a background that fits these cases: I am a member of the National College for DUI Defense and a former police academy instructor. Our attorneys defend refusal charges and the DUI cases that come with them in Hillsborough, Pinellas, and Pasco Counties.

This guide covers what changed in 2025, what the State must prove, how a refusal is used at trial, and what to do about your license in the first 10 days.

What happens when you refuse a breath test in Florida?

Three separate things happen when you refuse. First, the refusal is admissible in the DUI case under section 316.1932, Florida Statutes, and the prosecutor will argue it shows you knew you would fail. Second, your license is suspended administratively for 1 year, or 18 months if you refused before. Third, the refusal is now its own crime, even on a first refusal.

Florida’s implied consent law is the trade built into every driver license. By driving in Florida, you are deemed to have agreed to an approved breath or urine test after a lawful DUI arrest. The officer must tell you the consequences of refusing before the refusal counts against you. Our attorneys at The Brancato Law Firm start every refusal case by listening to that warning on the video.

Is a first refusal really a crime now?

Yes. Before October 1, 2025, a first refusal carried only the license suspension. The crime applied only to a driver whose license had already been suspended for an earlier refusal. Trenton’s Law, chapter 2025-121, Laws of Florida, changed that. Under the current section 316.1939, Florida Statutes, a first refusal is a second-degree misdemeanor and a second or later refusal is a first-degree misdemeanor.

The jail and fine maximums come from section 775.082, Florida Statutes and section 775.083, Florida Statutes. One detail catches boaters. A prior fine under section 327.35215 for refusing a test after a boating under the influence stop counts as a prior refusal, so a first roadside refusal can be charged as the first-degree misdemeanor.

Is refusing a blood test a crime?

No. The refusal statute covers only breath and urine tests. Florida asks for blood only in limited situations under section 316.1932(1)(c), such as when a driver is at a hospital and a breath or urine test is impractical, and refusing blood brings a license suspension but no criminal charge.

That line follows the Constitution. In Birchfield v. North Dakota, 579 U.S. 438 (2016), the U.S. Supreme Court held that police may require a breath test as a search incident to a lawful DUI arrest, but not a blood test. Florida’s Fifth District applied that rule to our refusal statute in Williams v. State, 210 So. 3d 774 (Fla. 5th DCA 2017), which upheld a breath-refusal conviction. The Brancato Law Firm checks every charging document to confirm the State charged a test the statute actually covers.

What must the State prove to convict you of refusal?

The State must prove five elements under section 316.1939(1), and each one is a place these cases fall apart:

1. Probable cause. The officer had probable cause to believe you were driving or in actual physical control of a vehicle while impaired.
2. A lawful arrest. You were lawfully arrested for DUI before the test was requested.
3. The suspension warning. You were told a refusal would cost your license for 1 year, or 18 months after a prior refusal.
4. The crime warning. You were told that refusing is itself a misdemeanor.
5. A refusal after the warnings. Only after being told all of this did you refuse.

Element 4 is new, and it creates a defense that did not exist before October 2025. An officer who read an outdated implied consent card, one that said refusal was a crime only after a prior suspension, did not give the warning the statute now requires. No Florida appellate court has decided a case on this point yet, so our attorneys raise it by motion and preserve it for appeal.

Element 2 matters at the license hearing too. In Florida Department of Highway Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011), the Florida Supreme Court held that the department cannot suspend a license for a refusal that was not incident to a lawful arrest. A bad stop can defeat the criminal refusal charge and the suspension with the same evidence.

Do you have the right to talk to a lawyer before deciding?

No. In State v. Busciglio, 976 So. 2d 15 (Fla. 2d DCA 2008), a Hillsborough County case, the Second District held that the officer’s “yes or no” question about taking the breath test is not interrogation, so the right to counsel does not attach to it. The warning in that case was read from a form provided at Central Breath Testing, the Hillsborough County Sheriff’s Office breath testing site.

In practice, this means a driver who says “I want my lawyer first” may be marked as a refusal. Whether that answer was a knowing refusal after proper warnings is still a fact question. In our experience in Hillsborough County cases, the paperwork often hardens around the word “refused” when the video shows a confused driver asking questions. Our attorneys at The Brancato Law Firm make that video the center of the defense.

How is a refusal used at the DUI trial?

The prosecutor can tell the jury you refused and argue that it shows consciousness of guilt. Section 316.1932 makes the refusal admissible. But Florida courts have set limits, and those limits win cases.

The first limit is the warning. In Howitt v. State, 266 So. 3d 219 (Fla. 5th DCA 2019), officers never told the driver any consequence of refusing. The court held the refusal could not be used to show consciousness of guilt and reversed the DUI convictions.

The second limit is the argument. In Osorio v. State, No. 3D24-0483 (Fla. 3d DCA Feb. 4, 2026), the prosecutor told the jury the defendant could have proved his innocence by blowing. The court held that comment shifted the burden of proof and ordered a new trial. Compare Paul v. State, No. 4D2025-0899 (Fla. 4th DCA Sept. 2, 2026), where the Fourth District affirmed because the prosecutor quickly turned to consciousness of guilt and repeatedly reminded the jury of the State’s burden. The lesson for trial is to object to every burden-shifting phrase.

A refusal case also has no breath number. The State’s proof rests on the officer’s observations, the driving pattern, the field exercises, and the video. When the video shows a driver who walks the line cleanly and then declines to trust a machine, the refusal looks like skepticism.

Can a refusal be suppressed?

Sometimes. An unlawful stop, an arrest without probable cause, missing or garbled warnings, and a dispute over whether a refusal happened at all can each keep a refusal out of evidence or defeat the charge.

One argument no longer works. In State v. Repple, 428 So. 3d 59 (Fla. 2025), the Florida Supreme Court held that a city officer who lawfully arrests a driver inside the city may request the breath test at a facility outside the city limits. The Sixth District applied that rule to a refusal in State v. Hart, No. 6D2024-2164 (Fla. 6th DCA May 22, 2026) and reversed a suppression order. Our attorneys focus on the arguments that survive Repple: the stop, the arrest, and the warnings.

How common are breath-test refusals in Florida?

Very common. A National Highway Traffic Safety Administration study, Breath Test Refusal Rates in the United States: 2011 Update, reported that Florida drivers refused 21,966 of 26,777 breath-test requests in 2011, an 82% refusal rate and the highest reported in the nation. NHTSA noted that states record refusals differently, so the figure is best read as a sign of how often the issue comes up.

The stakes on the road are real. NHTSA’s State Alcohol-Impaired-Driving Estimates: 2024 Data counted 769 alcohol-impaired-driving deaths in Florida in 2024, 24% of the state’s 3,138 traffic deaths. On the license side, the Florida Department of Highway Safety and Motor Vehicles Inspector General reported in a 2024 audit of the Bureau of Administrative Reviews that the bureau held 26,052 hearings and reviews statewide from July 2023 through June 2024.

Research also shows a refusal does not end the case. A second NHTSA report, Breath Test Refusals and Their Effect on DWI Prosecutions (2012), found no clear relationship between refusing and the chance of a conviction at its five study sites, but convicted refusers received harsher jail and fine penalties.

Should you refuse the breath test in Florida?

There is no safe general answer anymore. Before Trenton’s Law, a first refusal cost only a suspension. Today it adds a criminal charge, a consciousness-of-guilt argument at trial, and a full year without a license. The State also does not need a breath number to prosecute, because officers document driving, field exercises, and video.

The decision is made fast, usually without a lawyer, and our work starts wherever yours ended. A refusal case is defensible, and so is a case with a breath result. The worst choice is doing nothing with the 10-day license window.

What should you do in the first 10 days after a refusal arrest?

Act on the license first. Under section 322.2615, Florida Statutes, you have 10 days from the notice of suspension to request a formal or informal review, and the temporary permit on your citation expires at midnight on the 10th day. If you miss the window, the suspension simply runs.

Then preserve the evidence. Body camera and dash camera video decide the warning elements, and retention periods are short. Write down what was said and in what order, list any passengers or witnesses, and do not discuss the stop with anyone but your lawyer. Our guide on how to protect your license after a Tampa DUI arrest explains the formal review hearing, the waiver option, and the Tampa hearing office.

Our attorneys handle refusal cases as part of our Tampa DUI lawyer practice, and we often use the formal review hearing to put the officer’s account under oath months before the criminal trial.

Real results in refusal cases

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently asked questions about breath-test refusal in Florida

Can a refusal charge be dropped in Florida?

Yes. A refusal charge can be dropped or dismissed when the arrest was not lawful, the officer left out a required warning, or the evidence does not show a knowing refusal. The Brancato Law Firm reviews the body camera audio against the five elements of section 316.1939 before we talk with the prosecutor.

Does Trenton’s Law apply to a refusal before October 1, 2025?

No. The new first-refusal crime applies only to refusals on or after October 1, 2025. An older refusal still matters, because it supports the 18-month suspension and makes a new refusal a first-degree misdemeanor, and our attorneys at The Brancato Law Firm pull your full driving record to see how it counts.

What if the officer read me an old implied consent card?

Then the State may be missing an element. Since October 2025, section 316.1939 requires proof that you were told refusing is a crime, and an outdated card did not say that for a first refusal. The Brancato Law Firm compares the card and the audio word for word, and you can learn more from our DUI defense attorneys in Tampa.

Can I get a hardship license after refusing a breath test?

Often, yes. A first-time driver may qualify for a business-purposes-only license, either after a 90-day wait if the suspension is upheld at review or sooner through the eligibility review under section 322.271(7), Florida Statutes. Our attorneys at The Brancato Law Firm help clients choose between that route and a formal review hearing within the 10-day window.

Will the jury hear that I refused?

In most cases, yes, because section 316.1932 makes a properly warned refusal admissible. The Brancato Law Firm has won refusal trials by showing the jury the video and explaining the confusion, medical issues, or missing warnings behind the refusal, as our case results show.

Is refusing a urine test treated the same as a breath test?

Yes. The refusal statute covers both breath and urine tests, so either refusal can be charged as a misdemeanor if the warnings were given. Blood refusals carry only a license suspension, and our attorneys at The Brancato Law Firm check which test was requested before anything else.

Call our Tampa DUI attorneys before the 10 days run out

The license deadline runs from the notice you received at the arrest, not from your court date. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will request the review, demand the video, and build the refusal defense from the first week. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa DUI defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Short answer: Typical flat fees charged by criminal defense firms in the Tampa Bay area run $3,500 to $7,500 for a first DUI and $5,000 to $8,500 for a second DUI. Some firms charge a separate trial fee on top of that; The Brancato Law Firm charges one flat fee for the whole case, including trial. Felony DUI cases cost more: $7,500 to $12,000 for a third DUI within 10 years, $10,000 to $15,000 for a fourth or later DUI, $10,000 to $25,000 for a DUI crash that caused serious bodily injury, and $45,000 to $100,000 or more for DUI manslaughter. Costs, such as expert witnesses, are separate from the fee. These are ranges, not quotes. We set the fee for your case based on its facts and how complicated it is likely to be, and we aim to keep it realistic and fair.

The price depends mostly on two things: how serious the charge is, and how much of the case the fee covers. A low quote can cost you more in the end if it leaves out the license review or a trial.

The Brancato Law Firm defends DUI cases across Hillsborough, Pinellas, and Pasco Counties. Our founder, Rocky Brancato, spent about 24 years at the Hillsborough County Public Defender’s Office, where he rose to Chief Operations Officer and oversaw a staff of over 100 attorneys. That experience gives our firm system-level knowledge of how criminal cases are charged, prosecuted, and resolved. We quote every DUI case based on the work it actually requires, and that work depends on the details of your arrest.

How Does the Type of DUI Case Affect the Lawyer’s Fee?

The more serious the charge, the more work the defense has to do, and the higher the fee. Under Florida’s DUI law, § 316.193, prior DUIs and a crash can change the charge itself, in some cases to a felony. A blood alcohol content (BAC) of .15 or higher, or a minor in the car, raises the possible penalties but does not by itself make the charge a felony. The table below shows typical flat fees charged by criminal defense firms in the Tampa Bay area for each type of case. These are not our firm’s quotes. Some firms include trial in the fee; others charge a separate trial fee. At our firm, the fee covers the whole case, including trial.

The dates of your earlier convictions matter for a third DUI. A third DUI more than 10 years after a prior conviction falls under § 316.193(2)(b)2. and is not a felony. It is still a repeat offense, so we quote it based on your record.

DUI manslaughter becomes a first-degree felony if the driver knew or should have known about the crash and failed to give information and render aid as Florida law requires (§ 316.193(3)(c)3.b.). It is also a first-degree felony if the driver has a prior conviction for DUI manslaughter, boating-under-the-influence manslaughter, vehicular homicide, or vessel homicide (§ 316.193(3)(c)3.c.).

Do DUI Lawyers Charge a Flat Fee or by the Hour?

Most DUI lawyers in Florida charge a flat fee, which is one set price for the legal work on your case, agreed on before the work starts. A few lawyers bill by the hour, which means you do not know the total until the case is over.

At The Brancato Law Firm, we charge one flat fee for the whole case, including trial if your case goes that far. We quote it upfront, and we do not bill by the hour. Often a short phone call tells us enough to quote the fee. When it does not, and we cannot reasonably tell how much work the case will involve, we may first obtain the police report or other materials, or speak with the prosecutor, so that we know the work involved and the fee we quote is realistic. Our goal is a fee that is realistic for the work your case needs and fair to you. We are not the most expensive firm in Tampa, and we are not the least expensive. Some firms charge a separate trial fee on top of the pre-trial fee. That gives the lawyer a financial incentive to settle before the case is prepared for trial. With one fee for the whole case, the lawyer is paid to prepare for trial from the start. One fee does not mean one payment: you can pay our flat fee in installments, with half usually due at the time you hire us, as explained below. Our guide to what a criminal defense attorney costs in Tampa explains what affects the fee for other criminal charges.

If you have not been charged yet, the work is different. Some DUI cases, most often crashes that caused serious injury or a death, are not charged at the scene; the arrest can come weeks or months later, after the blood results and the crash investigation are complete. Pre-file advocacy means presenting your side to the prosecutor before the charging decision is made, and we usually charge a lower fee for that work. If charges are filed anyway, the pre-file fee is applied toward the total fee quoted for the case.

What Should a DUI Lawyer’s Fee Include?

A DUI fee should cover every stage your case could reach, from the license review at the start to a trial at the end. When a lawyer gives you a quote, check that it includes each of these:

• The license review. If your license was suspended at the arrest, you can ask the Florida Department of Highway Safety and Motor Vehicles to review the suspension. The review is your chance to challenge the suspension. You have only 10 days to request the review. The quote should say whether the fee includes requesting the review and handling the hearing. At our firm, both are part of the flat fee, at no extra charge.
• Discovery and video review. Discovery is the evidence the State has to share with the defense, such as police reports, breath test records, and dash camera and body camera video. Your lawyer should get all of it and review it.
• Depositions. A deposition is sworn questioning of a witness, such as the arresting officer, before trial.
• Motions to suppress. A motion to suppress asks the judge to keep certain evidence out of the case, for example because the traffic stop was not legal.
• Negotiation. Your lawyer talks with the prosecutor about reducing the charge or resolving the case.
• Diversion work. If you qualify for Hillsborough’s diversion program for first-time DUI cases, the fee should cover getting you into the program and handling your case until you finish it.
• Trial. If the case does not resolve earlier, the fee should cover preparing for trial, picking a jury, and trying the case.

If a quote leaves out any of these, ask the lawyer what each missing piece would cost if your case needs it.

What Is the Difference Between Attorney Fees and Costs?

Attorney fees and costs pay for different things. A clear quote lists them separately. The attorney’s fee pays for the lawyer’s time on your case and for the lawyer’s experience, including trial experience.

Costs, handled separately from the fee, pay for the outside people and services the defense needs. In a DUI case, costs can include a forensic toxicologist to review blood or breath results, a private investigator, a court reporter and the transcripts from depositions, and retesting a blood sample at an independent lab. Not every case needs these. A case with a blood test or a crash is more likely to need some of them.

A firm should handle larger costs in one of these two ways:

• A cost deposit. You pay an amount upfront, and the firm holds it in its trust account. The firm draws from the deposit as each cost comes due, and any money left at the end goes back to you.
• Paying the vendor directly. You pay the expert or service provider yourself, in advance, before the work is done.

We handle costs separately from our flat fee. Smaller costs, usually under $1,000, are typically advanced by the firm and billed to you at our actual cost. Larger costs, such as expert witnesses, are discussed with you and approved before they are incurred, and they are always charged at actual cost with no markup.

What Makes a DUI Lawyer Cost More?

Some facts of an arrest add work or costs to any type of DUI case:

• Refusing a breath or urine test. Under § 316.1939(1)(e), even a first refusal is a second-degree misdemeanor, which is a criminal charge. The rule took effect on October 1, 2025, under a state law called Trenton’s Law. The refusal is a second charge for your lawyer to defend, so it typically adds $1,000 to $3,000 to the fee.
• A blood test instead of a breath test. Blood results come with lab records to review and sometimes a retest at an independent lab.
• A commercial driver’s license (CDL). A DUI carries heavier license consequences for a commercial driver. More is at risk, so trial is more likely, and most CDL holders cannot resolve the case without losing their livelihood. For that reason, a CDL case costs substantially more.
• More witnesses and depositions. Each deposition adds lawyer time, so a case with more witnesses gets a higher quote. The court reporter’s transcript also adds to your costs.

With a flat fee, the facts of your arrest raise the price you are quoted at the start, because the fee is agreed on before the work begins.

Does Hillsborough’s RIDR Diversion Program Change the Cost?

Hillsborough’s diversion program for first-time DUI cases, called Reducing Impaired Driving Recidivism or RIDR, does not change our fee. It does add costs of its own. The Hillsborough County State Attorney’s Office, which runs RIDR, does not publish a program fee. Instead, you pay for the program’s requirements, such as DUI school, and standard court costs when the case closes.

RIDR is for first-offense misdemeanor DUI cases. The State Attorney’s Office decides whether to accept each case. A prior DUI, a minor in the car, a BAC of .20 or higher, or a crash keeps you out. Along with DUI school, the program requires a MADD Victim Impact Panel, community service, and a period of alcohol or drug monitoring. It ends with a plea to reckless driving instead of DUI. The judge withholds adjudication, which means the judge does not formally declare you guilty. Your plea can count as a conviction for some legal purposes, even though adjudication is withheld. RIDR is still not a dismissal, because the case ends with your plea to reckless driving.

What Else Does a DUI Cost Besides the Lawyer?

A DUI conviction brings its own costs on top of the lawyer’s fee. A standard first DUI conviction carries a fine of $500 to $1,000 under § 316.193(2)(a)1.a. Different fines apply if your BAC was .15 or higher, a minor was in the car, or a crash damaged someone’s property or injured someone. You also pay for DUI school yourself. Florida sets standardized DUI school fees: $330 for Level I and $495 for Level II, the program for repeat offenders, effective October 1, 2023. After a conviction, you need FR-44 insurance for 3 years. An FR-44 is a certificate your insurer files with the State to prove you carry much higher liability limits than Florida normally requires: $100,000 per person and $300,000 per crash for bodily injury, and $50,000 for property damage. As of October 2026, LendingTree puts Florida FR-44 rates at about $406 a month for liability coverage and $523 a month for full coverage, or about $4,872 and $6,276 a year. Rates vary widely by insurer, driving record, and ZIP code, so get quotes for your own situation. Our guide to DUI penalties in Hillsborough County covers the full list.

Is a Lawyer Worth It for a DUI?

For most people, a lawyer is worth it for a DUI, because a lawyer can protect your license and look for ways to avoid a DUI conviction and its costs. The license review has a short deadline. You have 10 days to request the review. If you miss the deadline, the suspension becomes final without a review. For a first suspension, that means 6 months for a BAC of .08 or higher, or 1 year for a refusal. If you want a lawyer to handle the review, you need to hire one before the deadline passes. Our guide to protecting your driver’s license after a DUI arrest explains the review.

A lawyer also reviews the traffic stop, the breath or blood testing, and the video for problems that can be challenged in court. Your lawyer can tell you whether you qualify for RIDR and whether entering the program makes sense for your case.

In our opinion, no one should represent themselves on a DUI charge. You do not know what you do not know. Probation can look like a good deal when a lawyer may have been able to get the case dismissed. The money you save up front then gets spent over years, on FR-44 insurance for 3 years and on fines and other fees.

What If I Can’t Afford a DUI Lawyer?

If you cannot pay the full fee at once, a payment plan lets you pay it over time. Half of the fee is usually due at the time you hire us, and the balance can be paid on a plan while your case is pending. We offer payment plans through LawPay, an online payment service for law firms. LawPay also offers Pay Later, a separate financing service. It is credit extended by LawPay, not by the firm: we do not set its terms, and approval depends on your credit history and creditworthiness, such as your credit score.

If a private lawyer is not affordable at all, we recommend the public defender. You qualify for a public defender if you are found indigent, which generally means you cannot afford to hire a lawyer. In Hillsborough County, you apply through the Clerk of Court using the Criminal Indigent Application. Florida law sets a $50 application fee. Our guide to the public defender vs. a private attorney in Tampa explains how the two compare.

How Do I Compare DUI Lawyer Quotes?

Compare DUI quotes by what each fee covers, because two quotes for the same price can cover very different amounts of work. A lower quote that leaves out the license review or trial can cost more overall, because you pay extra for that work if your case needs it. If a private lawyer quotes a very low fee, you will likely get what you pay for, and you may be better off with the public defender. Ask every lawyer the same questions on the consultation call:

• Is this one flat fee for the whole case, including trial, or is the trial priced separately?
• What happens to the fee if my case ends early or I change lawyers? Florida Bar rules require a lawyer to confirm in writing when a fee is nonrefundable, so ask to see how the written agreement handles this.
• Does the fee include requesting the license review and handling the hearing?
• Which costs is my case likely to need, and how do you handle them? Do you hold a cost deposit in your trust account, or do I pay vendors directly?
• Who will work on my case day to day?
• Do you offer a payment plan, and how does it work?

Write down each lawyer’s answers so you can compare the quotes side by side after the calls.

DUI Lawyer Cost FAQs

What is the average cost of a DUI lawyer in Florida?

No reliable published average exists for Florida. In the Tampa Bay area, typical flat fees charged by criminal defense firms run $3,500 to $7,500 for a first DUI and $5,000 to $8,500 for a second DUI. At The Brancato Law Firm, the flat fee covers the whole case, including trial. Felony DUI cases cost more, from $7,500 for a third or later DUI to $45,000 or more for DUI manslaughter. These are ranges, not quotes. The only dependable number for your case is a written flat-fee quote, which we usually give after a short call about the facts.

Why do DUI lawyer fees vary so much?

Typical fee ranges are wide because every firm is different and every case is different. A first DUI with a breath test and no crash takes far less work than a case with a blood test, a crash, or a refusal charge. Firms also price differently. A firm that needs the case may charge less to get it, and a firm that is in demand may charge more. A fee alone does not tell you what you are getting, so judge each quote by the work it covers and the experience of the lawyer who will do it. At The Brancato Law Firm, we quote each fee on the facts of the case and aim to keep it realistic and fair.

Does The Brancato Law Firm offer payment plans for DUI cases?

Yes. Half of the fee is usually due at the time you hire us, and the balance can be paid on a plan while your case is pending. LawPay separately offers Pay Later financing, and LawPay, not the firm, sets those terms based on your credit.

Is it worth fighting a DUI charge?

Whether fighting a DUI charge is worth it depends on the evidence against you, so the first step is having a lawyer review that evidence. Fighting can mean challenging the evidence, negotiating with the prosecutor, or taking the case to trial.

What is the 10-day rule for DUI in Florida?

The 10-day rule is Florida’s deadline to ask the Department of Highway Safety and Motor Vehicles to review the license suspension that can follow a DUI arrest. The rule is in § 322.2615(1)(b)3. of the Florida Statutes. The request is due within 10 days after the date the notice of suspension is issued. The officer normally issues the notice at the arrest, so the safest plan is to count from the day of the arrest.

Can a first-time DUI be dismissed in Florida?

A first-time DUI can be dismissed if the State cannot prove its case, such as when a judge rules that key evidence cannot be used. No lawyer can promise a dismissal.

Is the consultation free?

At The Brancato Law Firm, the consultation is free. Our consultations are confidential, come with no obligation, and are available by phone or in person. We are available 24/7 for arrest emergencies.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa DUI defense practice.

Talk to Us About Your DUI Case

If you were arrested for DUI in Tampa or anywhere in Hillsborough, Pinellas, or Pasco County, call us at (813) 727-7159. We know the cost of a lawyer is a real worry after an arrest. Our attorneys will look at what your case needs and give you a flat-fee quote before you decide anything. Rocky Brancato oversees our DUI defense work. He is a member of the National College for DUI Defense and the DUI Defense Lawyers Association, two national organizations of DUI defense lawyers. You can also reach us through our contact page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Reckless driving is usually won or lost on video and on the gap between “fast” and “willful or wanton.” That gap is where our attorneys work. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have spent more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict. Our attorneys defend reckless driving charges that start as a single traffic stop and ones that come out of crashes, DUI arrests, and street takeovers.

This guide explains what the State has to prove, the penalties under section 316.192, Florida Statutes, and the defenses that work in Tampa courtrooms. If you want the basic definition first, start with our explainer, What Is Reckless Driving in Florida?

What does the State have to prove in a Florida reckless driving case?

The State has to prove that you drove a vehicle “in willful or wanton disregard for the safety of persons or property.” That is the exact language of section 316.192(1)(a). Florida’s standard jury instruction for reckless driving defines both words. “Willful” means intentionally, knowingly, and purposely. “Wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property. Those definitions trace back to In the Interest of W.E.B., III v. State, 553 So. 2d 323 (Fla. 1st DCA 1989), a vehicular homicide appeal in which the court held that drinking beer, modest speeding, and overcorrecting showed at most negligence.

That standard is much higher than ordinary carelessness. Careless driving under section 316.1925, Florida Statutes only requires that a driver failed to drive “in a careful and prudent manner,” and it is a noncriminal moving violation. Reckless driving is a crime. The difference between the two is the difference between paying a fine and carrying a criminal record.

One exception skips the willful-or-wanton question. Under section 316.192(1)(b), “Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.” If the charge is based on fleeing, the defense focuses on whether the driver knew an officer was signaling a stop and whether the stop signal was lawful.

What are the penalties for reckless driving in Florida?

A first reckless driving conviction in Florida carries up to 90 days in jail and a fine of $25 to $500. The penalties climb with prior convictions and with harm caused, as the table below shows.

The misdemeanor and felony maximums come from section 775.082, Florida Statutes and section 775.083, Florida Statutes. The statute defines “serious bodily injury” as a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Two add-ons surprise people. First, if alcohol or drugs contributed to the violation, section 316.192(5) requires the court to order a DUI program substance abuse education course and evaluation. Second, a reckless driving conviction adds 4 points to a Florida license under section 322.27, Florida Statutes, compared with 3 points for careless driving. Twelve points within 12 months brings a suspension of up to 30 days.

Is speeding alone enough for a reckless driving conviction?

Often it is not. In Harris v. State, 318 So. 3d 645 (Fla. 2d DCA 2021), a man on probation was found to have committed reckless driving for driving 94 mph in a 40 mph zone. The Second District reversed. The court held that “his excessive speed alone was insufficient to prove recklessness” because there was no weaving, no endangered traffic or pedestrians, and he stopped safely. Because the Second District hears appeals from Hillsborough, Pinellas, and Pasco Counties, Harris is binding authority in every courtroom where our attorneys practice.

The same court reached a similar result in Smith v. State, 218 So. 3d 996 (Fla. 2d DCA 2017). A driver left the road and struck a bicyclist, and the defense showed a steering defect. The court held the evidence showed at most carelessness or negligence and reversed the reckless driving with serious bodily injury conviction. Cases like these are why our first question in every reckless driving case is what the driver did besides drive fast.

Very high speed now has its own statute. Since July 1, 2025, section 316.1922, Florida Statutes makes it a crime called dangerous excessive speeding to drive 50 mph or more over the limit, or 100 mph or more in a manner that threatens other people or property. A first conviction carries up to 30 days in jail or a $500 fine, and a second conviction within 5 years brings a license revocation of 180 days to 1 year. We explain that law in more detail in our post on Florida’s new dangerous excessive speeding crime.

How do our attorneys fight a reckless driving charge in Tampa?

Our attorneys fight a reckless driving charge by rebuilding the drive itself, second by second, and comparing it with what the officer wrote. You can read more about our approach on our Tampa criminal traffic lawyer page. The work usually follows these steps:

1. Get every video before it is overwritten. Body camera and dash camera footage from Tampa Police, the Hillsborough County Sheriff’s Office, or the Florida Highway Patrol, plus business and traffic cameras along the route. Private systems often record over themselves within days.
2. Test how speed was measured. Radar, laser, pacing, and aircraft timing each have their own error sources and calibration records.
3. Map the road and the traffic. Willful or wanton driving depends on circumstances. Light traffic on an empty stretch of the Selmon Expressway at 2 a.m. is different from a school zone at 3 p.m.
4. Find the mechanical or medical explanation. A steering defect won the Smith appeal. In one of our own cases, an accident reconstruction and a brake-system defense turned a vehicular homicide charge into a reckless driving plea and probation instead of prison.
5. Challenge the stop and any statements. If the stop was unlawful, or the driver was questioned in custody without Miranda warnings, a motion to suppress can remove the State’s best evidence.
6. Negotiate from the weak points. Once the prosecutor sees the gaps, the realistic outcomes widen: dismissal, a reduction to careless driving, or a disposition that protects the client’s license and record.

That case and others are on our case results page. Past results do not guarantee future outcomes.

Can a reckless driving charge be reduced to careless driving?

Yes. A reduction to careless driving is one of the most common good outcomes in a Florida reckless driving case. Careless driving is a noncriminal moving violation under section 316.1925, punished under chapter 318 as a civil infraction. It carries 3 points instead of 4 and creates no criminal record.

Whether a prosecutor will agree depends on the evidence and the driver’s history. A clean driving record, proof of a defensive driving course, and a video that does not match the arrest report all move the needle. Our attorneys make those arguments directly to the assigned prosecutor at the Hillsborough County State Attorney’s Office.

How does reckless driving show up in a DUI case?

In Hillsborough County, reckless driving is also the most common reduced charge in a DUI case. When the DUI evidence is weak, prosecutors will often agree to amend the charge to reckless driving. Our firm has obtained that result for an airline pilot whose career depended on avoiding a DUI conviction, for a marijuana DUI, and for a DUI with open containers but no real sign of impairment.

There are limits. Under section 316.656, Florida Statutes, a judge may not accept a plea to a lesser offense from a driver whose breath or blood test showed 0.15 or higher. The Hillsborough State Attorney’s Office also runs a program called RIDR, Reducing Impaired Driving Recidivism, for first-time, non-aggravated DUI offenders, described on the State Attorney’s programs page. A crash can make a driver ineligible. In one July 2026 case, our client was not eligible for RIDR because of a crash, and a mitigation report and treatment plan still produced a reckless driving plea with adjudication withheld. For the DUI side of these cases, see How to Fight a DUI Charge in Hillsborough County.

How common is reckless and aggressive driving in Florida?

It is very common, which is one reason prosecutors see so many of these cases. FLHSMV’s Traffic Crash Facts Annual Report 2023, the most recent final report, coded 6,297 crashes statewide in 2023 in which the first driver “operated MV in erratic, reckless or aggressive manner,” including 100 fatal crashes.

Research suggests most drivers do some of this. The AAA Foundation for Traffic Safety’s 2025 study, Aggressive Driving and Road Rage, found that 96% of drivers reported at least one aggressive driving or road rage behavior in the previous year. That matters in court. Tailgating, speeding, or a hard lane change is behavior most jurors have seen and done, and it is usually not the conscious indifference to danger that section 316.192 requires.

The table below shows how the charges compare.

Racing and street takeovers are charged under section 316.191, Florida Statutes. A first violation carries a fine of $500 to $2,000 and a 1-year revocation. Our post on teen takeover arrests covers those cases.

What should you do after a reckless driving citation or arrest?

Act within days, not weeks. Reckless driving is a criminal charge, so it cannot be resolved by paying the ticket, and the case will be set in Hillsborough County Court.

• Do not pay the citation or plead guilty at arraignment. A plea creates the conviction and the 4 points.
• Write down the drive while you remember it. Traffic, weather, lighting, why you were going the speed you were, and anything the officer said.
• List every camera you passed. Gas stations, businesses, apartment complexes, and doorbell cameras.
• Keep your mouth closed about the case. Do not post about it, text about it, or explain it to the officer’s supervisor.
• Talk to a lawyer before arraignment. Early representation is how video gets preserved and how a reduction to careless driving gets negotiated before the State hardens its position.

Frequently asked questions about reckless driving in Hillsborough County

Can a reckless driving charge be dropped in Florida?

Yes. Prosecutors drop reckless driving charges when the evidence does not show willful or wanton driving, when video contradicts the report, or when the stop itself was unlawful. The Brancato Law Firm builds that record early, with the video and the road conditions, and presents it to the prosecutor before the case is set for trial.

Is reckless driving a misdemeanor or a felony in Florida?

A reckless driving charge with no damage or injury is a criminal misdemeanor-level offense, and it becomes a third-degree felony when it causes serious bodily injury under section 316.192(3). Our attorneys at The Brancato Law Firm defend both levels, including felony cases where an accident reconstruction can show the driver did not cause the crash.

Is going 100 mph automatically reckless driving in Florida?

No. Under Harris v. State, 318 So. 3d 645 (Fla. 2d DCA 2021), excessive speed alone did not prove reckless driving, although 100 mph or more in a dangerous manner can now be charged as dangerous excessive speeding under section 316.1922. The Brancato Law Firm looks at what the State can show besides speed, because that is usually where these cases are won.

How many points is reckless driving in Florida?

Reckless driving adds 4 points to a Florida driver’s license, and careless driving adds 3, under section 322.27(3). The Brancato Law Firm keeps the license consequences in view from the start, because a reduction that saves one point can be the difference between keeping and losing a license.

Can I take a driving course instead of going to court for reckless driving?

No. The basic driver improvement election is for noncriminal infractions, and reckless driving is a crime that must go through county court. Our attorneys at The Brancato Law Firm often recommend a defensive driving course anyway, because completing one before the plea discussion can help persuade a prosecutor to reduce the charge to careless driving. See our Tampa criminal traffic defense page for more.

Does a DUI reduced to reckless driving still count as a DUI?

No. A plea to reckless driving is not a DUI conviction, although the court may order the DUI program course and evaluation under section 316.192(5) when alcohol contributed. The Brancato Law Firm has negotiated these reductions in Hillsborough County for clients including a commercial airline pilot, and our post on what happens after a DUI arrest in Hillsborough County explains the timeline.

Talk to a Tampa reckless driving lawyer this week

Video is the evidence that wins most reckless driving cases, and much of it disappears within days of the stop. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will request the body camera footage, track down private video, and start the conversation with the prosecutor before your arraignment. Call (813) 727-7159. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Learn more about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Criminal Traffic Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Each case is unique, and past results do not guarantee future outcomes. This article is general information, not legal advice.