A DUI arrest in Florida can affect your driver’s license, employment, finances, and criminal record.
If you were arrested for DUI in Hillsborough, Pinellas, Pasco, or surrounding Tampa Bay counties, it is important to speak with an attorney as soon as possible.
At Jacob Gordon Injury Law, we represent individuals accused of DUI and carefully review every aspect of the investigation — from the initial traffic stop to the administration of field sobriety exercises and breath testing — to identify weaknesses in the prosecution’s case.
Before launching my firm, I served as a prosecutor handling DUI cases, giving me firsthand insight into how these cases are investigated, evaluated, and prosecuted. That experience allows me to analyze DUI arrests the same way the State does — identifying what evidence they rely on and where their case may be vulnerable.
A DUI arrest triggers two separate legal proceedings in Florida:
The criminal case in court, where the State must prove the DUI charge beyond a reasonable doubt
An administrative license suspension through the Florida Department of Highway Safety and Motor Vehicles
After a DUI arrest, the officer typically issues a 10-day temporary driving permit.
Within those 10 days, you may be able to:
• Request a formal review hearing to challenge the license suspension
• Apply for a hardship license allowing you to drive for work or necessary purposes
• Begin investigating the case while important evidence is still available
If no action is taken during that window, the license suspension may take effect automatically.
Acting quickly also allows your attorney to begin reviewing evidence such as body camera footage, breath testing records, and police reports before they become more difficult to obtain.
Speaking with an attorney early can help protect your ability to drive while your case moves forward.
Under Florida law, a person may be charged with DUI if:
• Their blood alcohol concentration (BAC) is .08 or higher, or
• Alcohol or drugs impair their normal faculties
Drivers under age 21 can be charged with DUI with a BAC as low as .02.
A DUI charge can also occur even if the vehicle is not moving. Florida law allows DUI charges when someone is in actual physical control of a vehicle, such as sitting in the driver’s seat with the keys accessible.
Because DUI charges can arise in a variety of circumstances, it is important to carefully evaluate how the stop occurred, how impairment was determined, and how testing was performed.
DUI penalties increase significantly for repeat offenses and certain aggravating factors.
First DUI Offense
Possible penalties include:
• $500 – $1,000 in fines
• Up to 6 months in jail
• 50 hours of community service
• Driver’s license suspension from 180 days to 1 year
• 10-day vehicle impoundment
Second DUI Offense (Within 5 Years)
Possible penalties include:
• Up to 9 months in jail
• Mandatory jail time in some circumstances
• $1,000 – $2,000 in fines
• 30-day vehicle impoundment
• Driver’s license suspension up to 5 years
Third DUI Offense (Within 10 Years)
A third DUI within ten years may be charged as a third-degree felony.
Possible penalties include:
• Up to 5 years in prison
• Significant fines
• Long-term license revocation
Additional penalties may apply if:
• BAC is .15 or higher
• A minor was in the vehicle
• The DUI caused serious injury or death
DUI cases involve both criminal court proceedings and administrative license proceedings. Early legal representation can help with:
• Addressing the 10-day license deadline
• Reviewing body camera footage and police reports
• Evaluating field sobriety and breath test evidence
• Identifying legal or procedural errors
• Negotiating with prosecutors when appropriate
• Preparing the case for trial if necessary
Early intervention often provides more opportunities to investigate the case and determine the most effective defense strategy.
DUI cases often involve technical and procedural issues that must be carefully examined. A thorough review of the evidence may reveal issues that affect the reliability or admissibility of the State’s case.
The Legality of the Traffic Stop
Police must have a valid legal reason to stop your vehicle. If the stop was not supported by reasonable suspicion or probable cause, the evidence obtained afterward may be challenged.
Field Sobriety Exercises
Field sobriety tests must be properly administered and interpreted. Factors such as road conditions, injuries, fatigue, medical conditions, or environmental conditions can affect performance.
Breath Test Administration
Breathalyzer machines must be properly maintained, calibrated, and administered according to strict procedures. Errors in testing procedures or maintenance records may impact the reliability of the results.
Police Investigation and Evidence
Body camera footage, police reports, and testing records often reveal inconsistencies, omissions, or procedural errors that may affect the prosecution’s case.
Before representing individuals accused of crimes, I served as a prosecutor handling DUI cases. That experience provides valuable insight into how DUI investigations are built and how prosecutors evaluate evidence when deciding whether to pursue or resolve a case.
Understanding how the State approaches these cases helps identify where the evidence may be challenged and where leverage may exist in negotiations or at trial.
Because I understand how officers are trained, how the breath alcohol testing instruments and process works, and how prosecutors evaluate DUI evidence, I am able to review the investigation with a critical eye — identifying procedural mistakes, unreliable testing methods, or weaknesses in the State’s proof.
That insight can help develop a defense strategy focused on challenging the evidence, negotiating favorable resolutions when appropriate, or preparing the case for trial when necessary.
A DUI charge does not automatically mean a conviction.
Many cases involve legal and scientific issues that must be carefully evaluated.
If you were arrested for DUI in the greater Tampa Bay area, contact Jacob Gordon Injury Law to discuss your case.
A DUI arrest usually results in an administrative license suspension, but you may be obtain a hardship license if addressed within 10 days of the arrest.
Drivers may refuse a breath test, but Florida’s implied consent law allows penalties for refusal, including license suspension.
Jacob Gordon Injury Law represents individuals accused of DUI in Hillsborough, Pinellas, Pasco, and surrounding Tampa Bay counties.