Get Help From a First Offense DUI Lawyer in Tampa
No one intends to have one too many drinks or a misunderstanding with the police. But the police are not shy about pulling people over for a suspected DUI.
When it’s your first DUI, you probably feel stunned. Maybe you’re even a little angry because you know you were sober. What do you do now? Call Metcalf Falls, Criminal Defense Attorneys, P.A. — an experienced first offense DUI lawyer can guide you through the process and fight for the best possible outcome.
Effective defenses exist for first-time DUI charges in Tampa, whether the arrest involved alcohol, prescription medication, or controlled substances. As experienced Tampa criminal defense attorneys, we have secured dismissals and acquittals for first-time DUI clients throughout Hillsborough County.
It helps that you don’t have any previous DUIs on your record. As an experienced Tampa DUI lawyer, Brett Metcalf will scrutinize the facts and determine the most effective strategy that keeps your license valid and your record intact.
Contact Metcalf Falls, Criminal Defense Attorneys, P.A. at (813) 258-4800, or use the online form 24/7 to schedule a free consultation.
What to Do Right Now After a First DUI Arrest
If you were arrested for a first-time DUI in Tampa, the next 24–72 hours are critical. What you do now can directly affect whether you keep your driver’s license, how your criminal case unfolds, and whether charges can be reduced or dismissed. Here are the most important steps.
The 10-Day DHSMV Deadline You Cannot Miss
When you are arrested for DUI in Florida, the officer confiscates your driver’s license and issues a temporary driving permit. Under Fla. Stat. §322.2615, you have exactly 10 calendar days from the date of arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you do not request this hearing within 10 days, your administrative license suspension takes effect automatically and you lose the right to challenge it.
This hearing is completely separate from your criminal case. It determines whether your driving privileges will be suspended for six months (if you blew 0.08% or higher) or one year (if you refused the test). Your attorney can submit the written request to the DHSMV Bureau of Administrative Reviews on your behalf. For more detail, see our page on administrative license suspension.
At Metcalf Falls, we handle this request as part of every first DUI case. When you call us, this is one of the first things we do.
Protect Your Rights: Do’s and Don’ts
Do:
- Remain calm and polite. Provide your license, registration, and insurance when asked.
- Clearly state: “I respectfully decline to answer further questions without my attorney present.”
- Note the officer’s name, badge number, patrol car number, and the location of the stop.
- Write down the time of the stop and everything you remember as soon as possible.
Don’t:
- Do not volunteer information about where you were, what you drank, or how much.
- Do not agree to perform voluntary field sobriety exercises. In Florida you have the right to politely decline.
- Do not physically resist arrest, even if you believe the arrest is unlawful. Resisting adds separate charges.
- Do not post anything about your arrest on social media.
Understand that refusing a breath test triggers a one-year administrative license suspension under Fla. Stat. §316.1932, but also limits the chemical evidence available to the prosecution.
The First DUI Process in Tampa: From Arrest to Resolution
1. Arrest and Booking
After the traffic stop and arrest, you are transported to the Hillsborough County jail (Orient Road or Falkenburg Road facility) for booking. You will be photographed, fingerprinted, and processed. For most first-time DUI arrests, you will be released on a standard bond or on your own recognizance after sobering up.
2. The 10-Day DHSMV Administrative Hearing
This is a civil proceeding, separate from your criminal case, that determines whether your driving privileges are suspended. Your attorney requests the hearing, secures a temporary 42-day driving permit, and challenges the officer’s probable cause and the testing procedures. This hearing often reveals weaknesses we use in your criminal defense.
3. Arraignment
At arraignment, the charges are formally read and you enter a plea. Your attorney can typically waive your appearance and enter a written plea of not guilty. Arraignment in Hillsborough County typically occurs within 21 days of arrest. Learn about the DUI court process in Florida.
4. Discovery and Pretrial Motions
Your attorney obtains all evidence: police reports, body-cam footage, breath test records, calibration logs, and witness statements. We file motions to suppress illegally obtained evidence, exclude unreliable test results, or dismiss the charges. This is often the most critical phase of your case.
5. Diversion and Plea Negotiations
For first-time, non-aggravated DUI offenses in Hillsborough County, you may be eligible for the Reduced Impaired Driving Recidivism (RIDR) program—a diversion program offered by the State Attorney’s Office for the 13th Judicial Circuit. Successful completion can result in reduced charges or dismissal. Learn about Florida diversion programs and eligibility.
If diversion is not available, we negotiate for the most favorable plea—including reduction to reckless driving (“wet reckless”), which carries less severe penalties and may be eligible for expungement.
6. Trial
If no fair resolution is reached, your case proceeds to trial. The prosecution must prove every element beyond a reasonable doubt. Attorney Brett Metcalf has achieved a Not Guilty verdict for a client charged with a first DUI.
7. Sentencing or Acquittal
If acquitted, all charges are dismissed. If convicted, your attorney advocates for alternatives to jail. Learn about Florida sentencing guidelines.
Why Hire Our First Offense DUI Attorneys in Tampa?
Brett Metcalf is a successful criminal defense lawyer in Tampa, FL. He started his career as a prosecutor and handled over 5,000 cases in the State Attorney’s Office. Since Brett founded his private defense firm in July 2012, he has used his knowledge and experience under Florida DUI law to aggressively defend his clients. He routinely obtains dismissals and acquittals.
Brett’s success for his clients has led to recognition within the legal community. Brett has been selected by his peers as a Top Lawyer in Tampa for DUI Defense in 2018 and 2020. SuperLawyers named him a Rising Star in 2018, 2019 and 2020. He’s also received over 90 five-star client reviews and a perfect 10 rating on Avvo.com.
Defending Against a First Offense DUI in Florida
There are many ways you can defend against your first DUI. No case is hopeless. The best defense depends on your specific circumstances, but it’s best to have a first offense DUI lawyer for first-time DUIs review your case and the prosecutor’s evidence. Experienced criminal attorneys in Tampa can give you a candid assessment of whether you can avoid charges, get the case dismissed, or win at trial.
Potential defenses to your first DUI offense include:
Challenging the Traffic Stop
If the officer lacked reasonable suspicion, all evidence gathered after the stop may be suppressed. We review dash-cam and body-cam footage to verify whether the stated reason matches reality. If the stop was unlawful, we file a Motion to Suppress under the Fourth Amendment. Learn how the Fourth Amendment protects your criminal case.
Attacking Chemical Test Results
We subpoena Intoxilyzer 8000 calibration records, maintenance logs, and operator certifications. If the 20-minute observation period was violated or the machine was improperly maintained, the result may be excluded. Blood tests are challenged on chain-of-custody and contamination grounds. Learn about seven ways a breathalyzer can be wrong.
Exposing Field Sobriety Test Errors
FSTs must follow strict NHTSA protocols. Uneven surfaces, medical conditions, nervousness, and footwear can cause failures unrelated to impairment. Learn about your rights during a DUI stop in Tampa.
Actual Physical Control Defense
If you were parked or sleeping in the vehicle without driving, we challenge whether you were in “actual physical control” under Florida law.
Medication and Medical Defenses
Adverse reactions to prescribed medications or conditions like GERD/diabetes can affect BAC results. We present medical evidence. A drug DUI defense requires specialized knowledge.
Insufficient Evidence
If the prosecution cannot prove impairment beyond a reasonable doubt, the case may be dismissed. We file defense motions to get your case dismissed.
What is a First Offense DUI Charge in Florida?
You could be charged under Florida Statute 316.193 if you were driving or in actual physical control of a vehicle while under the influence of alcohol, any chemical substance under 877.111, or any controlled substance under Chapter 893 impairs your abilities.
For an alcohol-related DUI, the legal blood alcohol content limit is 0.08. If you’re BAC is at or above 0.08, you’ll be charged, but you also can be charged with a lower BAC level if there’s other evidence of your impairment.
A prosecutor can also charge you with DUI if you test positive for drugs. Under Florida Statute 877.111, you’re prohibited from inhaling, ingesting, possessing, selling, buying, or transferring any chemical substances that can intoxicate you or disturb your sensory or mental processes. This includes many things, such as over-the-counter medications or products you can buy at the store.
Implied Consent in First DUI Offenses in Florida
When you drive in Florida, state law says you have already agreed to submit to an approved chemical or physical test to determine whether there’s alcohol in your system when you are lawfully arrested for a DUI. The implied consent law is found in Florida Statute 316.1932.
When you’re pulled over under suspicion of drunk driving for the first time, the officer will ask you some questions. They are listening to your answers and observing your behavior.
If there are initial signs that you have been drinking or taken drugs, the officer might ask you to blow into a roadside breath device or step out of the vehicle. The officer might ask you to perform one or more physical tasks, known as field sobriety tests.
It’s the officer’s responsibility to warn you about the implied consent law. You should be told that your driver’s license will be suspended if you refuse to submit to a lawful breath test.
For a first refusal, you face a one-year administrative license suspension. Refusing can also lead to harsher criminal penalties.
There’s also a difference between breath and blood tests. Refusing a breath test can lead to civil and criminal penalties. Refusing a warrantless blood test can only lead to civil consequences.
Fighting a Florida DUI License Suspension
The administrative driver’s license suspension after refusing a chemical test is a civil penalty that you must fight outside of the criminal process. It is an entirely separate and distinct legal battle. You have to talk with a first DUI lawyer in Tampa about fighting the suspension in a civil proceeding.
You should call a criminal defense lawyer in Tampa right away because you only have 10 days from your DUI arrest to ask for an administrative hearing. After the 10 days pass without requesting a hearing, your license suspension is effective, and you aren’t allowed to drive. Your only option is to talk with criminal attorneys in Tampa about asking for a hardship license in a few months.
To fight a civil license suspension after refusing a DUI test, call Metcalf Falls, Criminal Defense Attorneys, P.A. as soon as possible.
Penalties and Jail Time for a First Offense DUI Charge in Florida
The big question is whether you face jail time for a first offense DUI? Possibly, yes.
First DUI with a BAC Under 0.15%:
- Fines up to $1,000
- Up to 6 months in jail
- 50 hours of community service
- Up to 1 year of probation
- Driver’s license revocation between 6 and 12 months
- Level 1 DUI School
- 10 days of vehicle impoundment
First Offense DUI With BAC above 0.15%
You face harsher penalties, making it even more important that you hire criminal lawyers in Tampa for your first DUI. If you have a high BAC, you’re more likely to spend time in jail, and your finds can be up to $2,000. Additionally, you can be required to pay for and use an ignition interlock device once you get your license back.
How Much Does a First DUI Cost in Florida?
Beyond court fines ($500–$1,000), factor in DUI school ($250–$500), increased insurance premiums (40–80% higher for 3–5 years), ignition interlock costs ($70–$150/month if required), license reinstatement fees, and lost wages. Total cost typically ranges from $8,000 to $15,000+. Investing in experienced legal representation often saves money by reducing charges or achieving dismissal.
FAQs about First Time DUI Offenses in Florida
Can I refuse a breathalyzer test during a first DUI stop?
You can refuse, but under Florida’s implied consent law, refusing a lawful breath test will result in a one-year license suspension for a first offense. Refusal may also result in additional penalties if convicted.
Can I avoid jail time for a first DUI offense?
Yes, it’s possible to avoid jail time, especially if this is your first offense and you work with an experienced DUI lawyer in Tampa. Options may include plea deals, reduced charges, or alternative sentencing such as community service or probation.
Will a first DUI conviction remain on my record permanently?
In Florida, a DUI conviction cannot be sealed or expunged. However, if your case is dismissed or you’re found not guilty, you may be eligible to have your arrest record expunged.
What is the RIDR diversion program in Hillsborough County?
The Reduced Impaired Driving Recidivism (RIDR) program is a diversion option for certain first-time DUI offenders in Hillsborough County. Eligibility requires no minors in the vehicle, no injuries, no prior DUI history, and other criteria. Successful completion can result in reduced charges or dismissal. Learn about diversion programs in Florida.
Is it worth hiring a DUI lawyer for a first offense?
Absolutely. A first DUI carries up to 6 months in jail, fines up to $1,000, license suspension, mandatory DUI school, and a permanent record. An experienced attorney can challenge the stop, the breath test, and the FSTs—and pursue dismissal, diversion, or reduction to reckless driving. Read about what to do the day after a DUI arrest.
Choosing A Lawyer For Your First Time DUI In Tampa
Facing DUI charges in Florida for the first time is scary. But you don’t have to deal with the court or administrative license process on your own. By working with a skilled first offense DUI lawyer at Metcalf Falls, Criminal Defense Attorneys, P.A., you can find a way to beat the charges or easily move on with your life.
Contact us 24/7 at (813) 258-4800 to request a free consultation. It could be the difference between keeping your license, getting a dismissal, reducing the charges, or clearing your name.
