1005 N. Marion St.
Tampa, FL 33602
813.250.0500
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


12 Month Refusal Suspension Invalidated

On August 8, 2022, a hearing officer with the Bureau of Administrative Reviews issued a “Final Order Setting Aside the License Suspension.” The order explained that the case was adjudicated under the authority of Chapter 15A-6 of the Florida Administrative Code, and Section 322.2615, Florida Statutes.

The Hearing Officer set aside the suspension of the driving privileges for refusal to submit to a breath test after a DUI arrest by a trooper with the Florida Highway Patrol. 

The order explained that after a review of the case, there was insufficient evidence to support the suspension because:

  • there was no evidence in the record to establish that implied consent was read to Petitioner by law enforcement;
  • the arrest report did not state anywhere in the narrative section that implied consent was read incident to a lawful arrest;
  • within the alcohol and drug influence report, the box is checked “no” for implied consent warning given.

BUI Amended to Reckless Boating with a Withhold

In another case resolved on June 29, 2022, our client was charged with boating under the influence (BUI) and a civil infraction with a $500 penalty for refusing to submit to breath testing after the BUI arrest in case number 21-CM-0078xx. Although our client had a prior DUI that had been reduced to reckless, the State agreed to reduce the BUI to reckless boating with a withhold of adjudication and 12 months probation to complete the standard sanctions with automatic early termination of probation when all of the special conditions were satisfied. The civil infraction for refusal was dismissed by the court.


Second DUI Dropped to Reckless Driving 

On June 29, 2022, for a DUI case pending at the courthouse in Tampa, FL, in case number 21-CT-0036XX, the court accepted negotiated plea for a second DUI that was reduced to reckless driving with an adjudication of guilt and a requirement to pay court costs. No probation was required. The police reports alleged that our client had a breath test reading of .122 and .131.


Third DUI Dropped to Reckless Driving with No Probation

On June 29, 2022, a DUI case pending in New Port Richey in Pasco County, FL, was resolved with a plea to reckless driving under Section 316.192 with a withhold of adjudication with no probation. Because of the withhold of adjudication, our client received no points on his driver’s license.

Our client was originally arrested for a second refusal to submit to breath testing and reckless driving. The arresting officer entered the wrong person’s name on most of the paperwork (although he had our client’s driver’s license which correctly listed his name). As a result, the DHSMV hearing officer was forced to invalidate the one year administrative suspension for the alleged refusal at the formal review hearing.

In the criminal case, we filed a motion to suppress evidence because of a prolonged detention which resulted in some of the state’s evidence being suppressed, including the alleged refusal. The stop officer, Deputy Christopher Ramos, was on leave when the case was last set for trial. Because of all of these problems, the State Attorney’s Office on June 29, 2022, offered to reduce the case to reckless driving under Section 316.192 with a withhold of adjudication and no probation.

The prosecutor had threatened to charge the DUI as a felony because of two (2) prior DUI convictions but had problems obtaining the underlying out-of-state records.


12 Month Refusal Suspension Invalidated for DUI in Hernando County

On July 27, 2022, the Hearing Officer at the Tampa Bureau of Administrative Reviews (BAR) office issued a final order setting aside the administrative license suspension. In this case, the client was arrested for DUI in Hernando County by officers with the Florida Highway Patrol.

The order provided:

“Upon a review of the case, there is insufficient evidence to support the suspension because there is a lack of competent substantial evidence to support that the petition was driving or in actual physical control of the vehicle. While law enforcement arrived to the scene of a traffic crash and reflected in their report that they ‘made contact with the driver of the red Jeep,’ there was insufficient evidence to indicate how the petitioner was identified to be the driver.”


….


Driving Under the Influence Charge in Orange County Amended to Reckless Driving

On May 20, 2022, the state agreed to reduce our client’s second DUI charge to reckless driving after we filed a Motion to Suppress based upon an unlawful stop. Our client was found asleep in his vehicle and illegally asked to exit his vehicle for a DUI Investigation. The negotiated plea was a withhold adjudication of guilt to the reduced charge of reckless driving with six months probation, 50 hours of community service with a half buy-out, DUI School Level 2, and Victim Impact Panel.


Case Dismissed After Motion to Suppress Granted

On April 20, 2022, the State stood silent on our motion to suppress or exclude evidence illegally gathered during a prolonged detention and request for urine. Our client has submitted to a breath test after a DUI arrest, but the breath alcohol concentration was below the legal limit at .075/.073. After the breath test, the arresting officer illegally requested a urine sample without reasonable cause that our client was under the influence of any chemical or controlled substance.


Refusal Civil Penalty in a BUI Case Dismissed

Our client was charged with “Refusal to Submit to Breath Test – Boating Citation” in connection with a BUI arrest. After the BUI charge was reduced to a civil infraction for careless boating, the Honorable Dustin Anderson, county court judge, on March 24, 2022, dismissed this civil infraction for refusal as well. Contesting the civil infraction for refusal in a BUI case is important because a second accusation of refusal in the future would otherwise constitute a separate crime punishable by up to 12 months in jail. 


12 Month Refusal Suspension Set Aside 

On February 17, 2022, the HSMV Field Hearing Officer at the Clearwater Bureau of Administrative Reviews (BAR) Office entered a final order setting aside the suspension of driving privileges for refusing to submit to a breath test after an arrest for DUI by an officer with the Clearwater Police Department. The basis for setting aside the suspension was because the arresting office failed to appear at the formal review hearing after properly being served with a subpoena.


Court Grants Motion to Suppress Evidence During a Prolonged Detention

For a case pending in Pasco County, FL, we filed a motion to suppress or exclude evidence illegally gathered during a prolonged detention. On February 17, 2022, the Court granted the motion, in part, to exclude any evidence after our client indicated to the stopping officer that he wanted to terminate his voluntary participation in Field Sobriety Exercises. The Court issued an order that specifically found that the length of time for the detention at that point became unreasonable. The evidence excluded included all evidence gathered by the arresting officer (who arrived on the scene shortly thereafter) and the alleged refusal to submit to a breath test.


Court Grants Motion to Suppress Evidence of Refusal after Recantation

For a case pending in Hillsborough County, on November 29, 2021, the Court granted our motion to suppress evidence of an alleged refusal to submit to a breath test after hearing testimony from the arresting officer. The arresting officer testified that our client was arrested for BUI. Shortly after the arrest, our client was escorted into the FWC administrative building adjacent to the Gandy boat ramp. Once inside and seated, Defendant said that he would take the breath test and unequivocally recanted the alleged refusal, but the arresting officer told him he already refused and it was too late. We argued that when our client agreed to take the breath test he had been in the continual custody of the arresting officer and was under observation for the entire time. Honoring such a request would not have resulted in any substantial inconvenience or expense to law enforcement. The testing equipment and personnel were still available. The subsequent test would still have been accurate since such a short time had passed since the arrest. As a result, the Court granted our motion to suppress any mention of the request for a breath test, the reading of implied consent, or the alleged refusal.


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.


Criminal BUI Amended to Civil Infraction for Careless Boating

Our client was charged with boating under the influence (BUI) in Pasco County, FL, at the West Pasco Judicial Center courthouse in New Port Richey. On August 6, 2021, the prosecutor agreed to amend the criminal charge of BUI to a civil infraction for “careless boating” under Section 327.33(2), F.S. for a case pending before Judge Debra Roberts.

The case was resolved after we filed a motion that alleged:

  1. FWC Officer Forest Rothchild had no legal basis to demand that the two men on jet skis “come over” to be detained at the dock located at 926 Marine Pkwy, New Port Richey, FL 34652 (Gulf Harbors Yacht Club).
  2. Officer Rothchild, along with FWC Officer Damon J. Pulaski, lacked the necessary reasonable suspicion that Defendant was impaired in order to initiate a BUI investigation or perform the HGN and continue the detention for additional evaluation.
  3. The officers conducted HGN incorrectly because the subject’s eyes were too far below the stimulus, the officer only made 4 passes with the stimulus, the stimulus was not held in the correct location or for the correct length of time, and the officer had insufficient training and experience to conduct HGN or evaluate the subject’s performance under the particular circumstances of this case.
  4. Miranda warnings were never read.

The court agreed to the negotiated resolution to amend the BUI charge to a civil infraction for careless boating, withhold adjudication, and imposed a civil penalty of $111 with additional costs of $250 after showing proof that our client completed an evaluation and took a boating safety course.


Twelve (12) Month Refusal Suspension Set Aside

On July 19th, 2021, the HSMV Field Hearing Officer at the Bureau of Administrative Reviews entered an order setting aside the suspension for refusal. The case involved a DUI arrest by an officer with Florida Fish and Wildlife Commission. The hearing officer determined “that there is insufficient evidence to support the suspension because the DUI evidentiary packet was not received.”


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.