DUI DEFENSE LAWYER IN TAMPA, FLORIDA

As a top-rated Tampa DUI defense attorney, Brian Palacios is recognized for delivering results-driven representation backed by nearly two decades of criminal law experience—including service as a former Florida State Prosecutor. He holds a perfect 10.0 rating on Avvo and is consistently praised by clients with 5-star reviews on Google, reflecting his dedication, responsiveness, and proven track record in DUI defense.

Proudly serving clients across Tampa and surrounding areas, including:

• Tampa
• Brandon
• Riverview
• Wesley Chapel
• Clearwater
• St. Petersburg
• Lutz
• Plant City
• Carrollwood
• Apollo Beach
• Temple Terrace
• Town ‘n’ Country
• Valrico
• Seffner
• New Tampa

What is a DUI Charge in Tampa?

A DUI (Driving Under the Influence) charge in Florida means you’re accused of operating a vehicle while impaired by alcohol, drugs, or certain medications. Even legally prescribed substances can lead to a DUI if they affect your ability to drive safely. DUI charges are taken seriously due to the risk they pose to public safety—and the consequences can follow you for years.

In Florida, a Blood Alcohol Concentration (BAC) of 0.08% or higher legally constitutes impairment. However, even a lower BAC can still result in a DUI if law enforcement believes your normal faculties are impaired.

The penalties? Jail time, license suspension, hefty fines, DUI school, probation, and a permanent criminal record that can affect your job, housing, and insurance.

That’s why it’s critical to have a proven DUI defense lawyer on your side. As a former state prosecutor with over 15 years of experience, Brian Palacios knows how DUI cases are built—and how to break them down. He’ll examine the evidence, challenge flawed testing procedures or unlawful stops, and tailor a legal strategy focused on minimizing the impact on your life.

Understanding Florida DUI Law: What Statute 316.193 Means for Tampa Drivers

Florida Statute 316.193 is the state’s primary law governing DUI offenses—and if you’re facing a DUI in Tampa, this statute outlines exactly what you’re up against. It defines when a driver is considered legally impaired and the penalties that may follow.

Under Florida DUI law, you can be charged if:

• Your Blood Alcohol Concentration (BAC) is 0.08% or higher, even if you appear to be driving normally. This is the legal limit in Florida and most of the U.S.
• You’re under the influence of alcohol, controlled substances, or chemical compounds including prescription drugs or over-the-counter meds—that impair your ability to operate a vehicle safely.

What matters most isn’t just your BAC—it’s whether your ability to drive was affected. That means you can still be arrested for DUI in Tampa even if you blow below the legal limit if law enforcement believes your faculties were impaired.

Understanding how this law is applied is crucial. As a seasoned Tampa DUI attorney and former prosecutor, Brian Palacios knows the ins and outs of Florida Statute 316.193 and how to challenge the state’s evidence. From unlawful stops to flawed testing methods, he’ll dig into every detail of your case and fight for your best possible outcome.

Types of DUI Charges and Penalties in Tampa, Florida

Under Florida Statute 316.193, most DUI charges in Tampa start as misdemeanors—but circumstances can quickly elevate them to serious felonies. Prior offenses, injury to others, or high BAC levels can all increase the penalties you face. Here’s a breakdown of the most common DUI charges in Tampa and what they could mean for your future:

First DUI Offense (Misdemeanor)
Penalties may include fines, probation, DUI school, community service, license suspension, and possible jail time.

Second DUI Offense (Within 5 Years)
Mandatory jail time may apply, along with steeper fines and a longer license suspension. Your vehicle may also be impounded.

Third DUI Offense (Within 10 Years)
Often charged as a third-degree felony, this offense includes mandatory prison, large fines, and long-term driver’s license revocation.

Felony DUI
You may face a felony DUI charge if you’ve had three or more prior DUI convictions within 10 years or if your DUI caused serious bodily injury. These cases carry severe consequences and long prison sentences.

DUI Manslaughter
A second-degree felony with life-altering penalties, including a multi-year prison sentence. This applies when a DUI incident results in the death of another person.

Every DUI case is different. Factors like BAC level, prior convictions, and whether anyone was injured can all affect the outcome. That’s why it’s critical to consult a skilled Tampa DUI defense attorney as soon as possible.

Defense Against Serious DUI Charges in Tampa, Florida

A DUI arrest in Tampa can disrupt every part of your life—your freedom, job, finances, and even your relationships. If you’ve already experienced jail time, lost wages, or tension at home, you know just how serious the consequences can be. But without a strong, personalized defense strategy, things could get much worse.

Here’s what’s at stake if your DUI charges aren’t successfully challenged:

Hefty Fines
Florida imposes strict financial penalties, starting at $500–$5,000 for a first DUI. These increase with repeat offenses or if there’s property damage or injury.

Driver’s License Suspension or Revocation
A first conviction can lead to a suspension of up to 12 months. Repeat offenses may result in permanent revocation, limiting your ability to work, care for family, or live independently.

Mandatory DUI School and Substance Programs
Florida law requires you to complete alcohol education and rehabilitation programs—adding time, cost, and complexity to your case.

Permanent Criminal Record
A DUI conviction will stay on your record, possibly harming job prospects, housing applications, insurance rates, and personal reputation for years.

Don’t face Tampa’s tough DUI laws alone. With over 15 years of legal experience and a background as a former state prosecutor, Brian Palacios knows how local prosecutors build DUI cases—and how to dismantle them. From challenging unlawful stops to questioning test accuracy, he’ll craft a targeted defense to help protect your future.

The right legal defense can mean the difference between a conviction and a second chance. Call today for a confidential consultation and take the first step toward reclaiming control of your life.

Experienced DUI Representation for Every Case Type in Tampa

No matter what type of DUI charge you’re facing, our firm provides aggressive, personalized defense for clients throughout Tampa. With over 15 years of experience and a background as a former prosecutor, Attorney Brian Palacios knows how to handle DUI cases of every complexity—from first-time arrests to serious felony charges.

We represent clients in all DUI scenarios, including:

1. First-Time DUI Offenders: Even a first arrest can result in fines, license suspension, and a criminal record. We help you understand your rights and fight for dismissal, reduction, or alternative sentencing.
2. Repeat DUI Offenses: Prior convictions significantly increase penalties, including mandatory jail time. We build strong defense strategies aimed at minimizing long-term consequences.
3. DUI with Property Damage or Injuries: When an accident is involved, the charges become more severe. We know how to challenge evidence and negotiate outcomes in these high-stakes cases.
4. Felony DUI Charges: Multiple DUI convictions or causing serious bodily injury can result in felony charges. These cases require a strategic, experienced legal approach—and we’re prepared to fight for your freedom.
5. Underage DUI Cases: Florida’s zero-tolerance policy for drivers under 21 means even a small amount of alcohol can lead to criminal charges. We offer compassionate, focused defense for minors and their families.
6. Out-of-State Residents Charged with DUI in Florida: If you live outside Florida but were arrested for DUI in Tampa, we’ll manage your case with efficiency and care, helping you navigate the process remotely whenever possible.

At the Law Office of Brian Palacios, we offer full-spectrum DUI defense backed by deep knowledge of Florida law and the Tampa court system. Whether you’re dealing with a minor offense or a serious felony charge, we’re here to guide you, protect your rights, and work toward the best possible result.

Why You Need an Experienced DUI Attorney in Tampa

Even a first-time DUI charge in Tampa can turn your life upside down — affecting your license, finances, freedom, and future. That’s why having a seasoned, results-driven defense attorney like Brian Palacios by your side can make all the difference.

As a former state prosecutor with over 15 years of experience in Florida DUI law, Brian understands how the prosecution builds its case—and more importantly, how to challenge it.

First-Offense DUI Penalties in Tampa May Include:

• License suspension: 6 to 12 months
• Fines: $500 to $1,000
• Jail time: 8 hours to 6 months
• Probation: Up to 12 months
• Ignition interlock device installation
• Mandatory Florida DUI School attendance

But penalties aren’t always set in stone.

With strong legal representation, jail time may be suspended, and fines reduced or replaced with community service. Brian Palacios will assess every detail of your case to identify opportunities for charge reduction, diversion programs, or dismissal.

Mandatory DUI Education
Tampa courts also require you to complete a drug and alcohol education course as part of sentencing. The program’s length depends on your BAC level and whether it’s a first, second, or third offense. A lawyer who understands local court expectations can often advocate for reduced requirements or alternatives.

The Stakes Rise With Every Offense
Florida law imposes harsher penalties for repeat DUI convictions—including mandatory jail time, felony charges, and long-term license revocation. That’s why it’s critical to hire a trusted Tampa DUI attorney immediately after your first arrest.

Whether you’re facing your first DUI or you’ve been through the system before, Brian Palacios fights to protect your rights, minimize the impact on your life, and explore every possible option for post-conviction relief when needed.

In Tampa, we handle a wide range of DUI cases, including:

1. First offense DUI – Initial DUI charge with potential penalties including fines and license suspension
2. Second DUI – Increased penalties and mandatory jail time for repeat offenders
3. Third DUI – Serious consequences with extended license revocation and significant jail time
4. Fourth offense DUI – Felony charge with severe penalties including permanent license revocation
5. DUI with drugs – Charges involving illegal substances or prescription medications
6. CDL DUI – Special cases for commercial drivers with stricter BAC limits
7. College DUI – Cases involving students with potential academic consequences
8. Underage DUI – Zero tolerance laws for drivers under 21
9. Out-of-state DUI – Handling charges for visitors and tourists in Florida
10. Felony DUI – Serious cases involving multiple offenses or aggravating factors
11. DUI causing injury – Cases involving accidents with injuries to others
12. BAC above 0.15% – Enhanced penalties for high blood alcohol content
13. Breath test refusal – Consequences of refusing breathalyzer testing
14. DUI expungement – Process of clearing DUI records when eligible
15. DUI penalties – Overview of possible consequences and punishments
16. DUI sentencing alternatives – Options for alternative penalties and programs
17. DMV hearings – Administrative proceedings for license suspension
18. Field sobriety tests – Challenging roadside testing procedures
19. DUI hit & run – Cases involving leaving accident scenes
20. Wet reckless – Reduced charges from DUI to reckless driving
21. Boating under the influence (BUI) – Alcohol-related charges while boating
22. Aggravated DUI cases – Cases with serious aggravating circumstances
23. Specialized defense for professionals facing DUI charges – Protection for licensed professionals’ careers