Labor Day DUI Crackdown in Hillsborough Leads to 27 Arrests, Highlights License Suspension Process

Over Labor Day weekend, Hillsborough County deputies and officers from Tampa, Plant City, and the University of South Florida police conducted a joint operation that resulted in 27 DUI arrests and 225 traffic stops, according to the Hillsborough County Sheriff's Office. The operation highlights the intensified holiday DUI enforcement that Tampa Bay agencies carry out around major weekends, aiming to curb impaired driving and enhance public safety.

Each arrest can trigger two separate legal processes: a criminal DUI case and an administrative license suspension under Section 322.2615, Florida Statutes. This statute applies when a driver’s breath or blood alcohol level is 0.08 or higher, or if the driver refuses testing. A first suspension lasts six months for a 0.08 or higher result and one year for a refusal. The statute outlines a strict timeline: on the day of arrest, the officer confiscates the license, issues a notice of suspension, and provides a 10-day temporary permit. Within 10 days, the driver can request a formal or informal review, or after a first DUI-related offense, request a restricted-license eligibility review. The temporary permit expires at midnight on day 10. If a formal review is requested, the department must schedule the hearing within 30 days or invalidate the suspension, and must send its decision within 7 working days after the hearing. The formal review is limited to whether the arresting officer had probable cause and whether the test result or refusal occurred as reported. The driver may subpoena the officer and breath test operator; if either fails to appear, the suspension must be invalidated.

Filing the request for a formal review is among the first tasks Ben Stechschulte handles after a driver retains him as a DUI defense lawyer in Tampa, FL. “At a formal review hearing, the arresting officer can be questioned under oath for the first time,” said Mr. Stechschulte. “It is usually scheduled within weeks of the arrest, long before the criminal case is ready for trial.” StechLaw Criminal Defense, where Stechschulte leads, represents drivers in Hillsborough County charged with DUI, DUI manslaughter, and boating under the influence, along with other state and federal charges. Stechschulte, a Stetson University College of Law graduate and Florida Bar board-certified specialist in criminal trial law, offers free consultations for DUI cases, which can be scheduled online.