Pasco County DUI Defense Attorney
A DUI charge in Florida moves fast. Before your court date even arrives, the state has already started the clock on your driver's license. At Butash Law Group, we represent people charged with DUI in Pasco County and across North Tampa — in the same courthouses, before the same judges, with the local knowledge that makes a difference when it counts.
What You're Actually Up Against After a Florida DUI Arrest
Most people charged with a first DUI in Florida are focused on the criminal case. What catches them off guard is the parallel civil action against their driver's license — a separate process handled by the Florida Department of Highway Safety and Motor Vehicles, entirely outside the courtroom.
You have 10 days from the date of your arrest to request a formal review hearing with DHSMV. If that window closes without a request, you waive your right to contest the suspension. The license fight starts before the court case does, and missing that deadline has consequences that no judge can undo later.
The criminal side carries its own weight. A first-offense DUI in Florida can result in:
- License suspension of 180 days to one year
- Fines between $500 and $1,000, plus court costs
- Mandatory DUI school and substance abuse evaluation
- Up to six months in jail (though first-offense jail time is not guaranteed)
- Ignition interlock device requirement in certain cases
- Probation of up to one year
A second conviction within five years brings a mandatory 10-day jail sentence, a five-year license revocation, and an ignition interlock requirement of at least one year. A third conviction within 10 years is a third-degree felony under Florida law. Prior convictions escalate every consequence — which is exactly why the outcome of the first charge matters so much.
The Test Is Evidence — and Evidence Can Be Challenged
Many people call us convinced they have no case because they failed a breathalyzer or didn't perform well on field sobriety tests. That assumption is worth examining carefully.
Florida DUI law requires the state to prove your blood alcohol content was .08 or higher at the time of driving — not just at the time of the test. Breathalyzer results depend on a properly calibrated, properly maintained machine operated by a trained officer following correct procedure. If calibration records are incomplete, if the officer's certification has lapsed, or if the test was administered incorrectly, the result can be challenged. The same scrutiny applies to field sobriety tests, which are standardized procedures — deviation from that standard matters.
A DUI Arrest and a DUI Conviction Are Two Different Things
Florida law is unambiguous on one point: a DUI conviction cannot be expunged or sealed. It stays on your record permanently. That's the outcome worth fighting hardest to avoid — because an arrest that doesn't result in conviction may be eligible for expungement, depending on the circumstances.
When the evidence has weaknesses, those weaknesses matter. A stop that lacked reasonable suspicion, a breath test that wasn't properly administered, a field sobriety evaluation conducted on uneven ground — any of these can affect the strength of the state's case. The goal isn't always a trial. Sometimes it's a negotiated reduction to reckless driving, which carries different consequences and doesn't carry the same permanent record implications as a DUI conviction.
Serving criminal defense Clients Across Pasco County, Lutz, FL and North Tampa
A DUI, drug charge, or domestic violence arrest moves fast in Pasco County courts. A case review with Butash Law Group gets you ahead of the game — and gives you a clarity on your next steps and what we can do to accomplish them.
Frequently Asked Questions About DUI Charges in Florida
Can a DUI be dismissed or reduced in Florida?
Yes. DUI charges in Florida can be reduced to reckless driving or dismissed entirely depending on the strength of the evidence, the circumstances of the stop, and whether proper procedures were followed during the arrest and testing. An experienced DUI defense attorney will examine every element of the state's case — from the reason for the initial traffic stop to the administration of field sobriety tests and the calibration records of any breathalyzer used.Will I lose my license after a DUI in Florida?
Not necessarily — but you must act within 10 days of your arrest. Florida law gives you a narrow window to request a formal review hearing with the DHSMV to contest the administrative suspension of your license. If you don't request that hearing in time, the suspension goes into effect automatically. An attorney can request the hearing on your behalf and fight to preserve your driving privileges while the criminal case proceeds.What happens if I refuse a breathalyzer in Florida?
Refusing a breathalyzer triggers Florida's implied consent law. A first refusal results in a one-year license suspension. A second refusal is a first-degree misdemeanor and carries an 18-month suspension. Importantly, a refusal is not a confession — the state still has to prove the underlying DUI, and the circumstances of the stop and the arrest remain open to challenge.Can a DUI be expunged in Florida?
A DUI conviction cannot be expunged or sealed in Florida — it is a permanent record. However, if your DUI charge was dropped, reduced to a different offense, or resolved without a conviction, you may be eligible for expungement or sealing of the arrest record. This is one of the strongest reasons to fight the charge rather than accept a plea early. Our expungement and sealing practice can evaluate your eligibility once your case is resolved.What Pasco County courts handle DUI cases?
DUI cases in Pasco County are typically heard at the Pasco County Courthouse in Dade City or the West Pasco Judicial Center in New Port Richey, depending on where the arrest occurred. Butash Law Group attorneys appear regularly in both venues, which means familiarity with local prosecutors, judges, and court procedures — not a learning curve at your expense.
