1005 N. Marion St.
Tampa, FL 33602
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Sammis Law Firm

Case Results in DUI Cases

Many of our clients ask the same question – “What kinds of DUI cases have you taken in the past and what was the outcome in those cases?” If you would like to view the case results you must read the following disclaimer:

  • The Florida Bar does not approve or routinely review case results posted by attorneys.
  • The facts and circumstances of your case may be different from the facts and circumstances listed below.
  • Not all case results are listed here.
  • The case results discussed here are not necessarily representative of the results obtained in all cases.
  • Each case is different and must be evaluated and handled on its own merit.

Recent DUI Case Results


DUI Reduced to Reckless Driving

On October 12, 2021, the state agreed to reduce a DUI charge to reckless driving even though the client was not eligible for RIDR because of their prior record. The negotiated plea was an adjudication of guilt to the reduced charge of reckless driving with 12 months probation to pay a $500 fine plus court costs, 50 hours of community service with a half buy out, and automatic early termination of probation when all special conditions of probation were completed. The case was resolved in Division E of County Court in Hillsborough County at the courthouse in Tampa.


DUI Reduced to Reckless

In another case resolved on October 12, 2021, in Division E of County Court in Hillsborough County at the courthouse in Tampa, the prosecutor agreed to reduce the DUI charge to reckless driving even though the client was not eligible for RIDR because of a crash. The negotiated plea was an adjudication of guilt to the reduced charge of reckless driving with 12 months probation to pay a $500 fine plus court costs, 6 months with the ignition interlock, 75 hours of community service with a half buy out, and automatic early termination of probation when all special conditions of probation were completed.


Twelve Month Administrative Suspension for Refusal Invalidated

On September 20, 2021, HSMV Field Hearing Officer George L. Winslow, Jr., issued an order invalidating the 12 month administrative suspension. The administrative suspension was triggered by an officer with the Orange County Sheriff’s Office after a DUI arrest involving a refusal to submit to a breath test.

At the hearing, we argued that the suspension should be invalidated because the investigatory stop was not based upon a lawful well-founded suspension that our client was or was about to become involved in criminal activity.

In our case, our client was asleep or unconscious, properly parked in a marked paved parking lot, engine off, sitting behind the wheel of the vehicle. Our client awoke on his own as a Deputy stood outside the vehicle. The Deputy’s report states that he observed our client to be disoriented, and his eyes were bloodshot.

The Deputy asked our client to exit the vehicle and our client asked if he had to get out. The Deputy responded that he needed to exit the vehicle so that the Deputy could see if he was alright. After he exited the vehicle the Deputy then reported seeing additional clues of impairment that eventually resulted in the DUI arrest and refusal.


DUBAL Six (6) Month Administrative Suspension Set Aside

On June 18, 2021, a HSMV Field Hearing Officer at the DHSMV’s Bureau of Administrative Reviews office issued a final order that set aside the administrative suspension of our client’s driver license for driving with an unlawful alcohol level (DUBAL). The order provided:

“Upon reviewing the facts of the case, the Department Hearing Office has determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear.”

A copy of the order was provided to the Hillsborough County Sheriff’s Office.


DUI Manslaughter Charge Dropped When Prosecutor Filed a “Nolle Prosequi”

On May 21, 2021, the Assistant State Attorney in Hernando County, FL, filed a “nolle prosequi” that terminated the prosecution for DUI manslaughter, the only charge pending against our client. The case involved a two-vehicle crash with a fatality that occurred in October of 2018. The charge was dropped the week before we scheduled a motion hearing to suppress the following evidence:

  • our client’s medical records which were improperly obtained and then provided to the State Attorney’s Office; 
  • vials of medical blood seized from the hospital after the execution of a search warrant; and
  • the FDLE blood test results showing a BAC over the legal limit.

The State Attorney’s Office did provide notice of intent to subpoena the medical records. We entered a timely objection that triggered a Hunter hearing. On November 14, 2018, a hearing was held pursuant to Hunter v. State, 639 So.2d 74 (Fla. 5th DCA 1994) on the State’s Motion for Authorization to Execute the subpoena for the medical records. After hearing arguments from the Assistant State Attorney and the defense, the State’s motion was denied. Despite losing the Hunter hearing, the State Attorney’s Office later provided us with a copy of our client’s medical records in discovery.

Our motion alleged that our client’s medical records were improperly obtained and then provided to the State Attorney’s Office without any legal authority.

Our motion also moved to suppress vials of medical blood seized with a search warrant that contained material misrepresentations and intentionally left out material facts. Our motion for a Franks hearing also alleged a failure to follow proper procedures for the chain of custody and storage of the blood.

Instead of going forward with the motion hearing, the Assistant State Attorney entered a “nolle prosequi” right before the motion hearing was scheduled to begin.


Six Month DUBAL Administrative Suspension Set Aside

On April 27, 2021, a HSMV Field Hearing Officer with the Tampa Bureau of Administrative Reviews sets aside the suspension of the driving privileges for driving with an unlawful alcohol level. The hearing officer found insufficient evidence supported the suspension because the DUI evidentiary packet was never received after the arrest by an officer with the Hillsborough County Sheriff’s Office.


BUI in Pasco Reduced to Civil Careless Boating with a Withhold of Adjudication

On April 19, 2021, the day the BUI case was scheduled for jury selection, the court accepted the plea to an amended charge of civil “careless boating” and withheld adjudication. Instead of facing any criminal penalty, the client agreed to pay court costs for a civil violation. The client was then eligible to expunge any criminal record.

The client was originally charged with Boating Under the Influence (BUI) after being detained near the Anclote River Park boat ramp in Pasco County by Officer Miros Petru of the Florida Fish and Wildlife Conservation Commission (FWC). After a Boating Safety Inspection, the client agreed to participate in the seated battery of sobriety exercises including the palm pat task. FWC Officer Damon Pulaski arrived at the scene with a mobile Intoxilyzer 8000 (breathalyzer) in this marked patrol vehicle immediately after the arrest.

We filed and litigated a motion to suppress evidence, in part, because of an illegal detention, failure to properly administer the field tests, and a lack of probable cause for the arrest. Although that motion was denied, the prosecutor ultimately agreed to reduce the case from the criminal offense to a civil violation of “careless boating” under Section 327.33(2) a few days before the jury selection was scheduled to begin.


6 Month Suspension Invalidated When One BAC Reading was Below .08 

On March 3, 2021, a hearing officer with the Clearwater Bureau of Administrative Reviews entered a final order setting aside a 6-month driver’s license suspension triggered after a DUI arrest by an officer with the St. Petersburg Police Department. The order provided:

“[u]pon a review of the case, there is insufficient evidence to support the suspension because the breath test result did not comply with Section 316.193(1)(b) F.S. and Rule 11D-8.002(12) in that the petitioner provided two breath samples, one of which the result was under .08g/210L.”

Although officers might trigger an administrative suspension when one BAC reading is above the legal limit and one BAC reading is below the legal limit, the hearing officer will invalidate the suspension if you request a formal review hearing and make a motion to invalidate the suspension based on a lack of evidence.


12 Month Refusal Suspension Set Aside

On March 2, 2021, a HSMV Field Hearing Officer at the Tampa Bureau of Administrative Reviews issued a final order setting aside a 12 month suspension for refusing to submit to a breath test. The order provides: “the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear.”


18 Month Refusal Suspension Set Aside

On January 14, 2021, the HSMV Field Hearing Officer Samantha Simpkins invalidated an administrative suspension for refusing to submit to a breath test after a DUI arrest in Hillsborough County. The order provided that upon review of the facts of the case, the Department Hearing officer has determined that there is insufficient evidence to support the suspension of the petitioner’s driver license due to insufficient documentation submitted to the administrative hearing to establish probable cause of the arrest “because the DUI evidence packet was not received.”


6 Month DUBAL Suspension Set Aside at Clearwater BAR

On December 4, 2020, the HSMV Field Hearing Officer at the Clearwater BAR invalidated an administrative suspension for driving with an unlawful breath alcohol level. The order provided: “[u]pon review of the facts of the case, the Department Hearing officer has determined that there is insufficient evidence to support the suspension of the petitioner’s driver license due to insufficient documentation submitted to the administrative hearing to establish probable cause of the arrest. (No arresting agency evidence packet).”


Petition for Writ of Certiorari Granted and Suspension Quashed

On October 27, 2020, the Chief Judge in Polk County, FL, The Honorable Ellen S. Masters, issued an order granting our petition for writ of certiorari and quashing the administrative suspension. We filed the writ after the hearing officer improperly denied our request to invalidate an administrative suspension.

In this case, the hearing officer inadvertently set the hearing for October 20 instead of November 20. After realizing the mistake, the hearing officer failed to correct the mistake within the 30 day deadline. After the 30 days passed with no hearing being properly scheduled, we filed a motion to invalidate. Instead of just invalidating the suspension as required by statute, the hearing officer continued the hearing and then ruled on the merits after several witnesses testified.

After the hearing officer upheld the suspension, we filed a Motion for Reconsideration and Demand for Attorney Fees and Costs on February 14, 2020, pursuant to Section 57.105, Florida Statutes. We then filed the “petition for writ of certiorari” which was ultimately granted.

On appeal, the Court noted that the DHSMV was wrong when it alleged the issue was not preserved for review and found the DHSMV’s arguments to be “insincere.” The Court also admonished the DHSMV when it wrote:

“…the Hearing Officer determined that Petitioner’s attorney should not raise an objection to the scheduling error when the Department has previously afforded the benefit of a continuance or temporary driving permit to the attorney’s other clients. That is not the standard outlined by Florida Statutes. Similarly, the Court is not persuaded by the Department’s suggestion that professional civility required the Petitioner’s attorney to “pick up the phone” or otherwise alert the Department to correct the error even if such action is contrary to the best interest of the attorney’s client.”


6 Month DUBAL Suspension Set Aside at Tampa Bar

On October 6, 2020, a hearing officer with the Tampa Bureau of Administrative Reviews issued a final order setting aside a 6 month driver’s license suspension for having an unlawful alcohol level because of “insufficient evidence to support the suspension because the arresting officer failed to appear.” The arresting officer was a trooper with the Florida Highway Patrol.


12 Month Refusal Suspension Set Aside at Tampa BAR

On September 25, 2020, the hearing officer set aside a 12 month suspension for a second refusal after a DUI arrest by an officer with the Pasco County Sheriff’s Office. In this case, we did not subpoena any witnesses because the information in the packet was insufficient, on its face, to support the suspension. At the hearing, we made several objections to show all the problems. The hearing officer issued an order that invalidated the suspension after determining that “there is insufficient evidence to suppose the suspension because of conflicting evidence or discrepancies.”


12 Month Refusal Suspension Set Aside at Tampa BAR

On September 21, 2020, a field hearing officer at the DHSMV’s Bureau of Administrative Reviews in Tampa, FL, issue a final order on the results of the formal review hearing which invalidated the 12 month administrative suspension for refusing to submit to a breath, blood, or urine test. At the hearing, several troopers with the Florida Highway Patrol testified. After reviewing the packet of information submitted by the trooper and listening to the testimony and arguments, the hearing officer determined that there was insufficient evidence to support the suspension “because the arrest was not lawful.”


18 Month Hard Suspension for Second Refusal Set Aside 

On August 4, 2020, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews (BAR) in Clearwater, FL, entered a Final Order on Results of Review Hearing.  The order set aside the eighteen (18) month administrative suspension for the second refusal. At the hearing, the breath test operator appeared but the arresting officer did not. As a result, the hearing officer had insufficient evidence to support the conviction.


Six Month Administrative Suspension Set Aside

On July 28th, 2020, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews (BAR) in Tampa, entered a final order setting aside the suspension for having an unlawful alcohol level. The hearing officer determined that there was insufficient evidence to suppose the suspension because the arresting officer failed to appear. A copy of the order was furnished to the Florida Highway Patrol.


Six (6) Month Suspension and CDL DISQUALIFICATION Set Aside

On May 14th, 2020, a HSMV Hearing Officer at the Tampa Bureau of Administrative Review issued an order setting aside a CDL disqualification dated April 4, 2020, and a suspension dated April 4, 2020, for driving with an unlawful alcohol level because “there is insufficient evidence to support the suspension and disqualification…”


Six (6) Month Suspension Set Aside Because the Arresting Officer Fails to Appear

On April 28, 2020, the HSMV Field Hearing Officers at the Bureau of Administrative Review in Clearwater set aside the six month suspension of driving privileges for driving with an unlawful alcohol level. The order found that after reviewing the facts of the case, the Hearing Officer determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear. 


Arresting Officers Fails to Appear at DUI License Suspension Hearing

On April 20, 2020, the HSMV Field Hearing Officer with the Tampa Bureau of Administrative Reviews entered an order setting aside the administrative suspension of the driver’s license triggered by an unlawful breath or blood alcohol level. The hearing officer found insufficient evidence to support the suspension because the arresting officer failed to appear after being properly served with a subpoena.


Won Formal Review Hearing – No Evidence to Place Driver in Physical Control

On February 18, 2020, a HSMV Field Hearing Officer at the Bureau of Administrative Review office in Clearwater, FL, invalidated a six month administrate suspension because the hearing officer determined that there is insufficient evidence to support the suspension because of no evidence to place the driver in physical control.


DUI Dropped When Prosecutor Files a “Nolle Prosequi”

On February 18, 2020, the prosecutor filed a notice of nolle prosequi for a DUI case involving a DUI enforcement officer with the Tampa Police Department. By filing the nolle prosequi the prosecutor dropped the charge. The DUI case involved a BAC level below the legal limit. The client also submitted to a urine test which came back clean. Although the client was offered RIDR with a withhold of adjudication on a reckless driving, we requested all of the information and demand that all charges were dropped completely.


Administrative Suspension for Refusal Invalidated Because “No Actual Refusal”

On February 12, 2020, a HSMV Hearing Officer invalidated a 12-month administrative suspension for refusing a breath test after the DUI arrest. The arresting officer worked at the Hillsborough County Sheriff’s Office. At the hearing, the attorney was able to show that the packet contained insufficient evidence that any refusal was willful or happened after the reading of implied consent. The hearing officer agreed by determining “that there is insufficient evidence to support the suspension because there was no actual refusal.”


12 Month Administrative Suspension for Refusal Invalidated

In another case decided on January 13, 2020, a DHSMV Field Hearing Officer in Tampa, FL, invalidated our client’s 12 month administrative suspension for refusing a breath test after the DUI arrest. The reason for invalidating the suspension was because there was insufficient evidence to support the suspension because the “arresting officer failed to appear.” The arresting officer worked at Florida Highway Patrol.


6 Month Administrative Suspension Invalidated

On January 13, 2020, a DHSMV Field Hearing Officer in Tampa, FL, invalidated our client’s 6 month administrative suspension for having a breath test reading over .08. The reason for invalidating the suspension was because there was insufficient evidence to support the suspension because the “arrest was unlawful.” The decision was made after four witnesses testified at the hearing.


Our recent DUI case result listed on this website do not necessarily represent the results obtained in all cases because not all results are listed. As you can see below, the results in these cases depended on the particular facts and issues presented in those cases.

The facts and circumstances of your case may be very different. Therefore, the results we have obtained in the past are not necessarily an indication of the results that we will obtain in the future for any particular client. No attorney can promise you any particular result in your case. These case results are provided to give you general information about the types of defenses that we have asserted in cases in the past.

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