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How to Fight a DUI Charge in Hillsborough County, Florida

Fight Your Tampa DUI Charge

Being arrested for DUI can feel overwhelming, but an arrest is not a conviction. There are proven strategies to fight DUI charges in Hillsborough County. At The Brancato Law Firm, P.A., we use decades of courtroom experience to help clients challenge every part of the government’s case.

If you are facing DUI charges in Tampa or anywhere in Hillsborough County, here’s what you need to know — and how you can fight back.

Step 1: Challenge the Traffic Stop

The first question in any DUI case is whether the officer had a lawful reason to stop your vehicle. If the stop was unlawful — meaning there was no reasonable suspicion or probable cause — all evidence obtained afterward may be suppressed.

Common unlawful stop scenarios include:

  • Weaving within a lane (not sufficient alone)

  • Minor equipment violations unrelated to driving behavior

  • Anonymous tips without corroboration

If the stop was illegal, your case could be dismissed.

Step 2: Attack Field Sobriety Exercises

Field sobriety tests are often presented as scientific, but they are highly subjective. Officers may improperly instruct or score these exercises, leading to unfair results. Medical conditions, injuries, anxiety, or even bad weather can also affect performance.

We scrutinize every aspect of how these tests were administered, looking for:

  • Improper instructions

  • Unqualified administration

  • External factors that made the results unreliable

Unreliable field sobriety exercises weaken the prosecution’s case significantly.

Step 3: Question Breath or Blood Test Results

Breathalyzer and blood test results are critical in most DUI prosecutions, but these tests are not infallible.

We investigate:

  • Whether the breath machine was properly maintained and calibrated

  • Whether the operator was certified

  • Whether blood samples were correctly drawn, stored, and tested

  • Whether external factors (such as mouth alcohol, GERD, diabetes) affected results

Even small errors can lead to the suppression or discrediting of chemical evidence.

Step 4: Examine Officer Observations and Reports

Officers often describe a driver as having:

  • Bloodshot eyes

  • Slurred speech

  • Odor of alcohol

However, these observations are subjective and can have alternative explanations, such as fatigue, allergies, or nerves.

We expose inconsistencies between an officer’s testimony, body camera footage, and police reports. When the government’s credibility is damaged, it strengthens your defense.

Step 5: Preserve Critical Evidence Early

In DUI cases, time is not your friend. Critical evidence can be lost if not preserved promptly. We move quickly to secure:

  • Body-worn camera footage

  • Dashcam videos

  • 911 call recordings

  • Surveillance footage from businesses or intersections

Preserving favorable evidence can make the difference between conviction and acquittal.

Step 6: Prepare for the DHSMV Hearing

Florida treats the administrative license suspension separately from the criminal DUI case. You must request a DHSMV formal review hearing within 10 days of your arrest to challenge the suspension of your driving privileges.

Winning the administrative hearing can:

  • Reinstate your driver’s license

  • Strengthen your criminal defense by exposing weaknesses early

At The Brancato Law Firm, P.A., we handle these hearings while simultaneously building your defense strategy for court.

Common DUI Defenses in Hillsborough County

Every case is unique, but common DUI defenses we raise include:

  • Unlawful traffic stop

  • Faulty field sobriety tests

  • Breathalyzer machine malfunctions

  • Unreliable blood draw or lab testing

  • Violation of implied consent procedures

  • Failure to read Miranda warnings when required

  • Medical conditions mimicking impairment

We tailor your defense to the specific facts and evidence in your case.

How a Tampa DUI Lawyer Can Strengthen Your Defense

An experienced DUI lawyer can identify technical errors, legal mistakes, and factual weaknesses in the prosecution’s case — opportunities that are often invisible without legal training.

At The Brancato Law Firm, P.A., we:

  • Challenge illegal stops and arrests

  • Suppress illegally obtained evidence

  • Negotiate for reduced charges when appropriate

  • Prepare for trial to put pressure on the prosecution

  • Advocate for dismissal whenever possible

You have options — but only if you act quickly and strategically.

Facing DUI Charges in Hillsborough County? Contact The Brancato Law Firm Today

If you have been charged with DUI in Tampa or Hillsborough County, the right defense strategy can change everything.

Contact The Brancato Law Firm, P.A. today for a confidential, no-obligation case evaluation. Let us put 25+ years of courtroom experience to work protecting your rights, your record, and your future.

Call (813) 592-8981  now to get started.

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