Board Certified Tampa
DUI Defense Expert
DUI Defense Expert
Driving Under the Influence (DUI) in Florida | DUI Defense Lawyer
Florida DUI Defense Lawyer
If you have been arrested for Driving Under the Influence (DUI) in Florida, you probably have more questions than answers. You may be worried about your driver’s license, your job, your reputation, your insurance, and whether you will have to go to jail. As a Board Certified Criminal Trial Lawyer, former Florida prosecutor, and former public defender, I have spent decades helping people navigate the criminal justice system after a DUI arrest.
At DUI2Go, I believe an informed client is a stronger client. This page explains how Florida DUI cases generally work, how prosecutors build their cases, and how I evaluate possible defenses. Every case is different, and the facts matter.
If you have been arrested for DUI, don’t wait to seek legal advice. Learn more about my experience on my About page: https://dui2go.com/about/ or contact me today to discuss your case: https://dui2go.com/contact/.
Why Choose DUI2Go?
Choosing the right lawyer can make a significant difference in how your case is handled. When you hire me, you work directly with me—not an inexperienced associate or a call center.
I provide representation throughout the criminal process, from the initial arrest through negotiations, hearings, and, when appropriate, trial. My goal is to protect your rights, carefully examine the evidence, and pursue every available defense supported by the facts.
My Approach
- Personal attention to every client
- Thorough review of the evidence
- Strategic case preparation
- Trial-ready representation
- Honest advice based on the facts of your case
What Is Driving Under the Influence (DUI)?
Driving Under the Influence, commonly called DUI, is one of the most frequently prosecuted criminal offenses in Florida.
Although every case is unique, DUI investigations commonly involve:
- A traffic stop or crash investigation
- Contact with a law enforcement officer
- Observations of the driver’s appearance and behavior
- Requests for field sobriety exercises
- Breath, blood, or urine testing in some cases
- An arrest followed by criminal court proceedings
The specific facts of each investigation determine what evidence may become important later in court.
Every DUI Case Is Different
One of the biggest misconceptions I hear is:
“All DUI cases are basically the same.”
That simply is not true.
Cases differ based on numerous factors, including:
| Factor | Why It Matters |
|---|---|
| Reason for the traffic stop | A lawful stop may become an important legal issue. |
| Crash involvement | Additional evidence may exist. |
| Chemical testing | Breath, blood, urine, or no chemical test. |
| Driver statements | Statements may become evidence. |
| Officer observations | These often become central issues in court. |
| Video evidence | Dash cameras or body cameras may exist. |
| Prior history | Prior convictions can affect how a case proceeds. |
No two DUI investigations unfold exactly the same way.
How I Evaluate a DUI Case
When someone hires me, I begin by collecting as much information as possible before forming opinions about the strengths or weaknesses of the case.
My review often includes:
The Initial Stop
I want to understand why law enforcement initiated the encounter.
Questions may include:
- Why was the vehicle stopped?
- Was there an accident?
- Was there another investigation occurring?
- Were witnesses involved?
Every case starts with understanding the facts.
Officer Observations
Many DUI cases involve officer observations regarding:
- Driving behavior
- Speech
- Balance
- Appearance
- Coordination
- Responses to questions
These observations are often documented in reports and may also appear on body-worn camera or dash camera recordings when available.
Field Sobriety Exercises
Some drivers perform field sobriety exercises during a DUI investigation.
These exercises may become part of the evidence presented in court.
I carefully review:
- How the exercises were administered
- Environmental conditions
- Video recordings
- Officer instructions
- Client performance
- Any factors that may have affected performance
Chemical Testing
Some investigations involve chemical testing.
Depending upon the circumstances, evidence may include:
- Breath testing
- Blood testing
- Urine testing
If chemical testing exists, I review the available documentation, reports, maintenance records when applicable, and other discoverable evidence to determine what issues may exist.
Building a Defense Strategy
Every defense strategy should be tailored to the individual facts.
Rather than assuming every case should be handled the same way, I evaluate questions such as:
Was the Stop Lawful?
The reason for the initial encounter may become an important legal issue.
Is the Evidence Reliable?
Evidence should always be carefully examined.
That includes reviewing:
- Reports
- Video
- Witnesses
- Testing documentation
- Timeline of events
Can the State Prove Its Case?
The prosecution bears the burden of proving every element required under applicable law.
Part of my job is identifying weaknesses, inconsistencies, missing evidence, or factual disputes that may benefit my client.
Florida DUI Timeline
| Stage | What Generally Happens |
| Traffic Stop | Officer initiates contact. |
| Investigation | Observations and questioning occur. |
| DUI Arrest | Driver is taken into custody if probable cause is believed to exist. |
| Booking | Processing at the jail or detention facility. |
| Court Proceedings | Hearings and case preparation begin. |
| Resolution | Negotiation, dismissal, plea, trial, or other disposition depending upon the facts. |
Every case follows its own path.
DUI Practice Areas
You can learn more about specific DUI topics throughout DUI2Go.
DUI Charges
- First-Time DUI
- Felony DUI
- Underage DUI
- Commercial Driver DUI
- Drug DUI
- DUI Manslaughter
Evidence
- Breath Testing
- Breath Test Refusal
- Field Sobriety Exercises
- DUI Checkpoints
Driver’s License
- Administrative License Suspension
- DUI License Suspension
- Hardship License
- License Restoration
Court Process
- DUI Arrest
- DUI Charges
- DUI Process
- DUI Penalties
- DUI Convictions
Watch My DUI Videos
Throughout DUI2Go, I provide short educational videos explaining common DUI topics.
▶ What Happens After a Florida DUI Arrest?
▶ Understanding DUI Breath Testing
▶ Protecting Your Driver’s License
▶ Common DUI Defense Strategies
Frequently Asked Questions
Should I hire a lawyer after a DUI arrest?
Many people choose to consult an attorney to better understand their rights, the court process, and the possible consequences of a DUI charge. Every case is different, so legal advice should be based on the specific facts.
Will every DUI case go to trial?
No. Some cases are resolved before trial, while others proceed through litigation. The appropriate strategy depends on the evidence, legal issues, and the client’s goals.
Can evidence be challenged?
Potentially. Evidence should be carefully reviewed to determine whether factual or legal issues exist. The outcome depends on the unique circumstances of each case.
How long does a DUI case take?
There is no single timeline. The length of a case varies based on court scheduling, discovery, motions, negotiations, and other case-specific factors.
Is every DUI defense the same?
No. Effective representation requires evaluating the unique facts and evidence in each individual case.
Why Experience Matters
I have spent my career handling criminal cases from multiple perspectives—as a prosecutor, public defender, and criminal defense attorney. That experience helps me identify issues that may not be immediately apparent and develop a strategy tailored to each client’s circumstances.
Because no attorney can ethically guarantee a particular result, I will never promise an outcome. Instead, I promise to thoroughly investigate your case, explain your options honestly, and advocate for you every step of the way.
Contact W.F. “Casey” Ebsary Jr.
If you have been arrested for DUI anywhere in Florida, the decisions you make early in your case can be important.
I invite you to learn more about my background on my About page:
When you’re ready to discuss your case, contact me through my secure contact page:
Together, we can review your case, answer your questions, and begin developing a defense strategy tailored to your situation.
Understanding the Florida DUI Investigation
Every DUI case begins long before anyone walks into a courtroom. The investigation conducted by law enforcement often becomes the foundation of the prosecution’s case. One of my first responsibilities is to carefully examine how that investigation was conducted and whether the evidence supports the allegations.
No two investigations are exactly alike. A case involving a routine traffic stop may look very different from one involving a crash, an anonymous tip, or a DUI checkpoint. Rather than assuming the evidence is accurate, I review every available document, recording, and witness statement to identify strengths, weaknesses, and unanswered questions.
Want to know more about my background and approach to DUI defense? Visit my About page: https://dui2go.com/about/
How a Florida DUI Investigation May Begin
Law enforcement officers encounter suspected DUI drivers in several different ways. The circumstances leading to the investigation often become an important part of the defense.
DUI Investigation Origins & Evidence Collection
Common situations include:
| Investigation Begins With | Evidence That May Be Collected |
| Traffic Stop | Driving pattern, officer observations, body camera footage |
| Traffic Crash | Witnesses, photographs, accident reports |
| DUI Checkpoint | Checkpoint procedures, officer observations, video logs |
| Citizen Complaint | Dispatch records, 911 audio recordings, witness statements |
| Disabled Vehicle | Vehicle location, physical positioning, officer observations |
| Welfare Check | Dispatch recordings, roadside medical observations, body camera footage |
The Initial Contact
Once an officer approaches a vehicle, the investigation usually expands beyond the original reason for the stop.
The officer may observe:
- Speech patterns
- Odor of alcoholic beverages
- Physical appearance
- Coordination
- Responses to questions
- Driver’s license and registration
- Passenger statements
These observations frequently appear in police reports and may also be captured on body-worn cameras.
As I review a case, I compare written reports with available video evidence to determine whether the evidence is consistent.
Body Cameras and Dash Cameras
Many Florida law enforcement agencies use body-worn cameras, dashboard cameras, or both.
These recordings may provide valuable information about:
- The traffic stop
- Lighting conditions
- Roadway conditions
- The driver’s appearance
- Officer instructions
- Field sobriety exercises
- Conversations
- Timeline of events
When recordings are available through discovery, I review them carefully rather than relying solely on written reports.
Witnesses
Not every DUI case involves independent witnesses, but when they do exist, their observations may become important.
Witnesses may include:
- Passengers
- Other motorists
- Business employees
- First responders
- Crash witnesses
Every witness should be evaluated in the context of the entire investigation.
Standardized Field Sobriety Exercises
Many DUI investigations include requests for field sobriety exercises. These exercises are intended to provide officers with additional observations during the investigation. Examples commonly encountered include:
Standardized Field Sobriety Exercises
| Exercise | General Purpose |
| Horizontal Gaze Nystagmus | Observation of involuntary eye movements |
| Walk-and-Turn | Physical and mental divided attention exercise |
| One-Leg Stand | Balance and mental divided attention exercise |
I evaluate how the exercises were administered, the conditions under which they were performed, and whether the available evidence accurately reflects what occurred.
Factors That May Affect Performance
Many circumstances unrelated to alcohol can influence a person’s ability to perform physical exercises.
Depending upon the individual, factors may include:
- Age
- Physical injuries
- Medical conditions
- Fatigue
- Weather
- Footwear
- Uneven pavement
- Lighting
- Traffic conditions
Because every person is different, I avoid drawing conclusions based solely on field exercises.
Breath Testing
Some DUI investigations involve breath testing. When breath test evidence exists, I review the available records and discovery to understand how that evidence may fit into the overall case. My review may include:
- Testing documentation
- Time sequence
- Officer reports
- Video evidence
- Available maintenance records
- Discovery provided by the prosecution
The significance of any particular piece of evidence depends on the facts of the individual case.
Blood Testing
Certain investigations may involve blood testing. Examples can include situations involving: Serious crashes, Fatal crashes, and Other circumstances authorized by law. If blood testing is part of the evidence, I examine the available documentation and discovery produced during the case. If I cannot verify a particular scientific or procedural issue from the available records, I will not speculate.
Urine Testing
Some DUI investigations involve urine testing, particularly when law enforcement suspects impairment involving substances other than alcohol. The importance of urine testing depends upon the circumstances of the investigation and the evidence presented.
Prescription Medication Cases
Not every DUI allegation involves alcohol. Some investigations involve:
- Prescription medications
- Over-the-counter medications
- Alleged drug impairment
- Multiple substances
Every case requires an individualized review of the available evidence. If your case involves alleged drug impairment, you may also wish to visit my Drug DUI practice area for additional information.
Crash Investigations
When a DUI investigation follows a traffic crash, additional evidence may become available. That evidence can include:
- Crash reports
- Vehicle damage
- Scene photographs
- Witness statements
- Reconstruction evidence
- Emergency responder observations
Crash cases often involve significantly more documentation than a routine traffic stop.
DUI Checkpoints
Some drivers are investigated after entering a DUI checkpoint. Checkpoint cases present unique issues because the investigation begins differently than a traditional traffic stop. If your arrest occurred at a checkpoint, I review the available evidence to understand how the investigation unfolded. For more information, visit my DUI Checkpoints practice area.
Discovery
One of the most important phases of a criminal case is discovery. Discovery is the process through which information and evidence are exchanged according to applicable court procedures. Depending upon the case, discovery may include:
- Arrest reports
- Supplemental reports
- Body camera recordings
- Dash camera recordings
- Witness statements
- Photographs
- Audio recordings
- Laboratory reports
- Dispatch records
- Jail recordings
The available discovery varies from case to case.
Building a Defense Strategy
People often ask me, “What’s the best DUI defense?” There is no single answer. The best strategy depends on the specific evidence, the legal issues involved, and the goals of the client.
Watch These Related Videos
Can Police Stop You Without a Reason?
Understanding Field Sobriety Exercises
Breath Testing Explained
What Happens After a DUI Arrest?
Continue Learning
You can continue exploring related topics throughout DUI2Go, including:
- First-Time DUI
- Felony DUI
- Drug DUI
- DUI Breath Testing
- Breath Test Refusal
- DUI Checkpoints
- Administrative License Suspension
- DUI Process
- DUI Penalties
Have questions about your own DUI investigation? Learn more about me on my About page: https://dui2go.com/about/
Ready to discuss your case? Contact me today through my secure contact page: https://dui2go.com/contact/
Driver’s License Issues After a Florida DUI Arrest
For many people, the most immediate concern after a Florida DUI arrest is not the criminal charge—it’s whether they will be able to continue driving. Losing your driving privileges can affect your employment, education, family responsibilities, medical appointments, and everyday life.
One of the first things I discuss with a new client is the status of their driver’s license and the options that may be available based on the specific facts of their case. Before offering advice, I carefully review the available paperwork, explain the process, and answer any questions they may have.
If you’d like to learn more about my background and experience, please visit my About Me page. If you’re ready to discuss your case, you can reach me through my Contact page.
Why Acting Quickly Matters
After a DUI arrest, important deadlines may apply. Waiting too long to seek legal advice can affect the options available to you.
When someone contacts me shortly after an arrest, I can begin reviewing the available evidence, explain the legal process, and discuss the next steps based on the facts of the case.
If you have recently been arrested for DUI, I encourage you not to wait before speaking with an experienced DUI defense lawyer.
My Initial Driver’s License Review
One of the first things I review is the current status of your driving privileges.
My initial review may include:
- Documents provided at the time of arrest
- Current driver’s license status
- Charging documents
- Available court information
- Notices affecting your driving privileges
Understanding these documents allows me to explain where your case stands and what may happen next.
Criminal Case vs. Driver’s License Issues
Many people are surprised to learn that the criminal case and the status of their driver’s license may involve separate processes. While they often overlap, they are not necessarily resolved at the same time.
Criminal Court vs. Driver’s License Proceedings
| Criminal Court | Driver’s License Matters |
| Criminal charge | Driving privileges |
| Court hearings | Administrative procedures |
| Prosecuting attorney | Driver licensing authorities |
| Criminal case resolution | License status review |
Because every case is unique, I evaluate both aspects together and explain how they may affect one another.
What Happens After a DUI Arrest?
Although every case follows its own path, most DUI cases involve several common stages.
Typical DUI Timeline
| Stage | What Generally Happens |
| DUI Arrest | Law enforcement concludes the investigation and makes an arrest. |
| Booking | Processing by the arresting agency. |
| Initial Court Appearance | Court proceedings begin. |
| Discovery | Evidence is exchanged through the legal process. |
| Case Investigation | I review reports, videos, witness statements, and available evidence. |
| Negotiation or Litigation | Depending on the facts, the case may proceed through negotiations, motions, or trial preparation. |
| Resolution | Every case concludes based on its own facts and circumstances. |
No attorney can ethically guarantee a particular outcome because every case is different.
How I Prepare a DUI Case
Preparation begins long before anyone enters a courtroom. Rather than relying on assumptions, I review every available piece of evidence before recommending a defense strategy.
DUI Case Preparation Checklist
| Review Area | Purpose |
| Police Reports | Understand the officer’s version of events |
| Body Camera & Dash Camera Videos | Compare recordings with written reports |
| Witness Information | Evaluate available testimony |
| Discovery Materials | Review all available evidence |
| Client Interview | Learn facts not contained in police reports |
| Legal Research | Address legal issues unique to the case |
Every defense strategy should be based on verified facts—not assumptions.
Communicating With My Clients
I believe clients deserve honest answers and straightforward advice. If I know the answer to a legal or procedural question, I will explain it in plain English. If additional investigation is necessary, I will tell you. If I cannot verify a fact with confidence, I will not speculate or guess. My goal is to make sure every client understands the process and can make informed decisions throughout the case.
Negotiation and Trial Preparation
Many DUI cases involve discussions with the prosecution, while others require motions, hearings, or trial preparation. Regardless of how a case ultimately resolves, I prepare every case thoroughly from the beginning. Careful preparation allows me to identify strengths, evaluate the evidence, and discuss realistic options with my clients.
Understanding the Court Process
Many people facing a DUI charge have never been inside a criminal courtroom.
One of my goals is to explain what generally happens at each stage of the process so you know what to expect.
Florida DUI Court Process
The path through the court system varies depending on the facts of each individual case.
Factors I Evaluate in Every DUI Case
Every DUI investigation is different. Some of the issues I carefully evaluate include:
| Case Factor | Why I Review It |
| Traffic Stop | Understand how the investigation began |
| Officer Observations | Compare reports with available evidence |
| Witness Statements | Evaluate independent observations |
| Video Recordings | Review objective evidence |
| Chemical Test Evidence | Examine available documentation |
| Client Statements | Understand the complete timeline |
| Physical Evidence | Compare evidence with reports and photographs |
The significance of each factor depends entirely on the facts of your case.
Frequently Asked Questions
Should I wait until my first court date before hiring a lawyer?
Many people choose to speak with an attorney soon after an arrest so they can better understand the legal process, preserve important information, and begin preparing their defense. Every situation is different, and early legal advice may help you make informed decisions.
Will you personally handle my case?
Yes. When you hire me, you work directly with me. I believe personal attention and communication are essential parts of effective legal representation.
Can you guarantee the outcome of my DUI case?
No. No attorney can ethically guarantee a particular result. Every case depends on its unique facts, the available evidence, and how the law applies to those facts.
Do you review body camera and dash camera videos?
When those recordings are available through the discovery process, I review them carefully as part of my evaluation of the evidence.
What if I have questions during my case?
I encourage my clients to ask questions throughout the representation. My goal is to ensure you understand your options and remain informed at every stage of your case.
Related DUI2Go Resources
For more information, explore these related practice areas:
- Florida DUI Defense
- First-Time DUI
- Felony DUI
- Drug DUI
- DUI Breath Testing
- Breath Test Refusal
- DUI Checkpoints
- DUI Process
- Administrative License Suspension
- Hardship License
- License Restoration
- DUI Penalties
These resources provide additional information about specific DUI topics and help you better understand the Florida DUI process.
Speak With W.F. “Casey” Ebsary Jr.
Every DUI case begins with questions, and every client deserves clear, honest answers based on verified facts.
If you’d like to learn more about my qualifications and approach to DUI defense, please visit my About Me page.
If you’re ready to discuss your situation, schedule a confidential consultation through my Contact page.
I look forward to reviewing your case, answering your questions, and helping you make informed decisions about your defense.