Tampa DUI Attorney
If you have been arrested for DUI in Tampa or Hillsborough County, you may be facing consequences that affect your driver’s license, freedom, finances, and future. Florida DUI cases can involve license suspension, fines, probation, DUI school, increased insurance costs, and possible jail time—even for a first offense. A DUI arrest can also trigger separate driver’s license consequences, making it important to understand your options soon after an arrest.
Tampa DUI attorney J. Ruffin Hunt is a former Division Chief at the Hillsborough County Public Defender’s Office who has handled thousands of criminal and DUI cases in Tampa courts. At Hunt Law | Tampa Criminal Defense, Mr. Hunt personally represents every client, carefully examining the traffic stop, field sobriety exercises, breath or blood testing, and other evidence to identify weaknesses in the State’s case and pursue the best possible outcome.
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Tampa DUI Attorney
Aggressive DUI Defense in Hillsborough County
If you have been arrested for Driving Under the Influence (DUI) in Tampa, acting quickly is critical. A DUI conviction in Florida can have serious and lasting consequences, including jail time, driver’s license suspension, costly fines, probation, increased insurance premiums, mandatory DUI school, and a permanent criminal record. At Hunt Law | Tampa Criminal Defense, we provide aggressive, strategic, and local representation for individuals facing DUI charges throughout Tampa and Hillsborough County. When your freedom, license, and future are on the line, working with an experienced Tampa DUI attorney can make a significant difference.
What Is DUI Under Florida Law?
Under Section 316.193, Florida Statutes, a person commits the offense of Driving Under the Influence if they are driving or in actual physical control of a vehicle and:
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Their normal faculties are impaired by alcohol, controlled substances, or certain chemical substances;
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They have a blood alcohol concentration (BAC) of 0.08 or higher; or
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They have a breath alcohol level of 0.08 or higher.
Importantly, DUI charges are not limited to alcohol-related offenses. Prescription medications, marijuana, and other controlled substances may also lead to DUI charges if law enforcement believes your normal faculties were impaired.
Penalties for DUI in Florida
Even a first-time DUI conviction can carry significant penalties. In Florida, a standard first DUI is generally punishable by up to 6 months in jail and fines of up to $1,000. However, if your BAC was 0.15 or higher, or if a minor was in the vehicle, penalties increase to up to 9 months in jail and fines of up to $2,000.
If the DUI allegedly caused or contributed to property damage, the charge may be enhanced to a first-degree misdemeanor, punishable by up to 1 year in jail. Additional consequences may include probation, mandatory DUI school, ignition interlock requirements, vehicle impoundment, community service, and a permanent criminal record.
Driver’s License Suspension After a DUI Arrest
A DUI arrest can place your driving privileges at immediate risk. Following an arrest, Florida law generally provides only 10 days to challenge the administrative suspension of your driver’s license through the Department of Highway Safety and Motor Vehicles (DHSMV). Failing to act quickly may result in the loss of your driving privileges.
At Hunt Law | Tampa Criminal Defense, we assist clients with:
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Administrative license suspension hearings (DHSMV)
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Hardship license eligibility and reinstatement
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Challenges to unlawful suspensions
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Protecting driving privileges whenever possible
Prompt action may significantly improve your ability to continue driving while your case is pending.
Experienced Tampa DUI Attorney for Complex Cases
No two DUI cases are alike. A skilled Tampa DUI attorney must understand Florida DUI law, roadside investigations, field sobriety exercises, breath and blood testing procedures, implied consent law, and the technical issues that frequently arise in DUI prosecutions.
At Hunt Law | Tampa Criminal Defense, we represent clients facing a wide range of DUI charges, including:
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First-time DUI offenses
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Repeat DUI charges
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Breath, blood, and urine testing cases
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DUI involving accidents, property damage, or injury
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High BAC DUI allegations
Every case is thoroughly reviewed to identify weaknesses in the prosecution’s evidence and pursue the strongest defense possible.
Why Hiring a Tampa DUI Attorney Matters
DUI cases often depend on whether law enforcement followed proper procedures during the traffic stop, roadside investigation, arrest, and chemical testing process. An experienced DUI defense attorney can identify critical mistakes that may lead to reduced charges, suppression of evidence, or dismissal.
Your defense may involve challenging:
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The legality of the traffic stop
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Probable cause for arrest
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Improperly administered field sobriety exercises
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Breathalyzer calibration, maintenance, and testing procedures
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Violations of constitutional rights
Early intervention by a Tampa DUI attorney can be one of the most important factors in protecting your record and minimizing the long-term consequences of a DUI arrest.
Speak With a Tampa DUI Attorney Today
If you were arrested for DUI in Tampa or anywhere in Hillsborough County, do not wait to protect your rights. The earlier you involve an experienced Tampa DUI attorney, the more opportunities may exist to challenge the evidence, protect your driver’s license, and pursue the best possible outcome.
Call Hunt Law | Tampa Criminal Defense today for a free consultation and begin building your defense immediately.
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What Are The Elements Of Driving Under the Influence (DUI)?
To prove the crime of Driving Under the Influence, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) drove [or was in actual physical control of] a vehicle.
2. While driving [or in actual physical control of] the vehicle, (defendant)
Give 2a or 2b or both as applicable.
a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.
b. had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].
Give if applicable. § 316.193(4), Fla. Stat.
If you find the defendant guilty of Driving Under the Influence, you must also determine whether the State has proven beyond a reasonable doubt whether:
a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving [or in actual physical control of] the vehicle.
b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the Driving Under the Influence.
§ 316.003, Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.
“Vehicle” is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway [, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks].
§ 316.1934(1), Fla. Stat.
Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001).
Impaired means diminished in some material respect.
Give if applicable. The option of “on a vehicle” pertains to vehicles such as motorcycles and bicycles.
Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.
§ 322.01(2), Fla. Stat.
Alcoholic beverages are considered to be substances of any kind and description which contain alcohol.
(____________) is a controlled substance under Florida law. Ch. 893, Fla. Stat.
(____________) is a chemical substance under Florida law. § 877.111(1), Fla. Stat.
Give if appropriate. § 316.1934(2)(a) and (2)(b), Fla. Stat.
1. If you find from the evidence that while driving or in actual physical control of a vehicle, the defendant had a blood or breath-alcohol level of .05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; but this presumption may be overcome by other evidence demonstrating that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.
2. If you find from the evidence that while driving or in actual physical control of a vehicle, the defendant had a blood or breath-alcohol level in excess of .05 but less than .08, that fact does not give rise to any presumption that the defendant was or was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. In such cases, you may consider that evidence along with other evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.
It is not necessary to instruct on the “prima facie evidence of impairment” in § 316.1934(2)(c), Fla. Stat., if the State charged the defendant with driving with a blood or breath-alcohol level of .08 or over. In those cases, if the jury finds that the defendant drove with an unlawful blood or breath-alcohol level, impairment becomes moot. Tyner v. State, 805 So. 2d 862 (Fla. 2d DCA 2001).
Give only if appropriate. State v. Burns, 661 So.2d 842 (Fla. 5th DCA 1995); Kurecka v. State, 67 So.3d 1052 (Fla. 4th DCA 2010).
A person [arrested] [being investigated] for Driving Under the Influence does not have the right to consult with an attorney before deciding whether to submit to a [breath] [urine] [blood] test.
Give only if appropriate
A person [arrested] [being investigated] for Driving Under the Influence does not have the right to consult with an attorney before deciding whether to submit to a [breath] [urine] [blood] test. However, if the defense maintains that the defendant mistakenly believed that [he] [she] did have such a right and refused to provide a [breath] [blood] [urine] sample because of that mistaken belief, you may consider that claim, as well as the state’s competing claim that the defendant’s refusal shows that [he] [she] did not want the police to obtain evidence regarding [his] [her] [[breath] [blood] alcohol level] [or] [drug consumption].
Defense of inoperability; give if applicable.
It is a defense to the charge of Driving Under the Influence if at the time of the alleged offense, the vehicle was inoperable. However, it is not a defense if the defendant was driving under the influence before the vehicle became inoperable. Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty, if all the other elements of the charge have been proved beyond a reasonable doubt.
*§ 316.193(6)(b), Fla. Stat. and *§ 316.193(6)(c), Fla. Stat.
See Comments regarding issue of whether a jury finding is required. The following instruction is suggested if the judge determines a jury finding required. The State’s allegation of a prior conviction should not be read to the jury, and the trial must be bifurcated if a jury finding is required. Note: BUI and out-of-state DUI/DWI convictions count as prior convictions. See §316.193(6), Fla. Stat.
Now that you have found the defendant guilty of Driving Under the Influence, you must further determine whether the State proved beyond a reasonable doubt that the defendant was previously convicted of [Driving Under the Influence] [(insert qualifying conviction(s))] and that the DUI for which you just found the defendant guilty was committed within [5 years] [10 years] after the date of a prior conviction.
J. Ruffin Hunt
Managing Member
Attorney J. Ruffin Hunt is a Tampa DUI attorney and founder of Hunt Law | Tampa Criminal Defense, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he handled DUI cases and other criminal matters in Tampa courts and gained extensive courtroom and trial experience. During his time with the Public Defender’s Office, he rose to leadership positions and served as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to defending individuals accused of crimes, including drivers arrested for DUI in Tampa and throughout Hillsborough County. He understands that a DUI case can involve much more than a criminal charge, including potential driver’s license suspension, employment consequences, increased insurance costs, and other long-term effects. Mr. Hunt carefully evaluates the traffic stop, officer observations, field sobriety exercises, breath or blood testing, video evidence, and other circumstances surrounding each DUI arrest. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, he is committed to protecting his clients’ rights and pursuing the strongest possible defense in every DUI case.
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Tampa, FL 33602
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Hunt Law | Tampa Criminal Defense serves clients charged with criminal offenses in Tampa, Brandon, Plant City, Riverview, Ruskin, Lutz, Valrico, Wimauma, Temple Terrace, Seffner, Dover, Thonotosassa, Gibsonton, Sun City Center, Town 'n' Country, Carrollwood, Citrus Park, Westchase, Bloomingdale, University, Progress Village, Lake Magdalene, Egypt Lake-Leto, Greater Northdale, Palm River-Clair Mel, East Lake-Orient Park, Mango, Keystone, Cheval, Balm, Pebble Creek, Apollo Beach, Lithia, Fish Hawk.
Important Hillsborough County Criminal Justice Locations
If you've been arrested in Hillsborough County, your case will likely involve several different locations. Understanding where your case begins and where it will proceed can help reduce confusion during an already stressful time.
Trusted Throughout Hillsborough County
Hunt Law | Tampa Criminal Defense has deep roots in Hillsborough County and remains actively involved in the Tampa Bay community through participation in several respected local and professional organizations. The firm is proud to be associated with the Tampa Bay Chamber of Commerce, the South Tampa Chamber of Commerce, and the Ybor City Chamber of Commerce, organizations that play an important role in supporting local businesses, economic development, and community engagement throughout the region. As a Tampa native, attorney J. Ruffin Hunt understands the unique needs of individuals and families in Hillsborough County and is committed to serving the community both inside and outside the courtroom. These local affiliations reflect Hunt Law | Tampa Criminal Defense's ongoing commitment to professionalism, community involvement, and providing trusted criminal defense representation to clients throughout all of Hillsborough County.
Frequently Asked Questions (FAQ)
Q: What happens after an arrest in Tampa?
A: After an arrest in Tampa, you will typically be transported to Orient Road Jail for booking, where law enforcement will fingerprint you, take your photograph, record your personal information, and formally process the charges against you. Within 24 hours of your arrest, you must appear before a judge at First Appearance, where the court will determine whether probable cause existed for your arrest, decide whether to set bond, and impose any conditions of release. During this time, it is important to exercise your right to remain silent, avoid discussing your case with anyone other than your attorney, and refrain from consenting to searches if asked by law enforcement. As your case moves forward, early involvement by an experienced Tampa criminal defense attorney can help protect your constitutional rights, advocate for a favorable bond, preserve important evidence, and begin developing a defense strategy from the outset.
Q: What is a misdemeanor in Florida?
A: A misdemeanor in Florida is a criminal offense that is less serious than a felony but can still result in significant penalties, including jail time, probation, fines, and a permanent criminal record. A misdemeanor is an offense that can result in a term of imprisonment that doesn't exceed 1 year. Florida classifies misdemeanors as either second-degree misdemeanors, which are generally punishable by up to 60 days in jail and a $500 fine, or first-degree misdemeanors, which can carry up to one year in jail and a $1,000 fine. Common misdemeanor offenses include battery, petit theft, possession of drug paraphernalia, resisting an officer without violence, and disorderly conduct. Although misdemeanors carry lower maximum penalties than felonies, a conviction can still affect employment, professional licensing, housing opportunities, and other aspects of your future. Depending on the facts of the case, it may be possible to obtain a dismissal, diversion, reduced charges, or another favorable resolution, making it important to speak with an experienced Florida criminal defense attorney as early as possible.
Q: What is a felony in Florida?
A: A felony in Florida is a criminal offense punishable by more than one year in state prison and is generally considered more serious than a misdemeanor. Florida classifies felonies into five categories: third-degree, second-degree, first-degree, life felonies, and capital felonies, with penalties ranging from up to five years in prison for many third-degree felonies to life imprisonment for the most serious offenses. Examples of felony crimes include drug trafficking, robbery, aggravated battery, burglary, kidnapping, grand theft, and certain sex offenses. In addition to prison time, a felony conviction can result in substantial fines, probation, the loss of firearm rights, employment and professional licensing consequences, and a permanent criminal record. Depending on the facts of the case, however, felony charges may be reduced, dismissed, resolved through diversion, or successfully challenged at trial, making it important to consult an experienced Florida criminal defense attorney as early as possible.
Q: Do I need a lawyer if charges haven't been filed yet?
A: It can be beneficial. In many cases, hiring a criminal defense attorney before formal charges are filed can be one of the most important decisions you make. Whether you are under investigation, have been contacted by detectives, or were arrested but are still waiting for the State Attorney's Office to decide whether to file charges, an attorney can protect your rights, communicate with law enforcement on your behalf, and help you avoid making statements that could be used against you. Early legal representation also provides an opportunity to present favorable evidence, identify weaknesses in the allegations, address misunderstandings, and advocate for prosecutors not to file charges or to pursue less serious charges when appropriate. Although no attorney can guarantee a particular outcome, getting experienced legal counsel involved as early as possible often creates opportunities that may no longer exist once formal charges have been filed.
Q: What happens if I miss court in Tampa?
A: Missing a court date in Tampa can have serious consequences, including the issuance of a bench warrant for your arrest, revocation of your bond, or stricter release conditions. Whether a warrant is issued often depends on the type of hearing you missed, the underlying criminal charge, whether you are represented by an attorney, and the reason for your absence. While emergencies such as hospitalization, transportation problems, or scheduling errors may help explain a missed appearance, it is important to act quickly before the situation becomes more difficult to resolve. In many cases, an experienced Tampa criminal defense attorney can determine whether a warrant has been issued, file a motion to quash or recall the warrant, explain mitigating circumstances to the court, and work to minimize additional penalties. Ignoring a missed court date typically makes matters worse, so seeking legal guidance as soon as possible is often the best course of action.
Q: What happens at first appearance court in Hillsborough County?
A: First appearance is the initial court hearing that takes place within 24 hours of an arrest in Hillsborough County, where a judge determines whether probable cause exists for the arrest, advises the defendant of the charges, and decides whether to set bond and impose any conditions of release. In Hillsborough County, first appearance hearings are generally held in Courtroom 17 at 1:30 p.m. on weekdays and 10:00 a.m. on weekends and holidays, with most defendants appearing by video from the jail. During the hearing, the judge considers factors such as the nature of the offense, the defendant's criminal history, risk of flight, and danger to the community when making bond decisions. While some defendants (such as those arrested for violating probation or on certain warrants) may not be eligible for bond at first appearance, an experienced Tampa criminal defense attorney can advocate for lower bond, release on recognizance, and favorable release conditions, making early legal representation an important part of protecting your rights.
Q: What happens at an arraignment hearing in Hillsborough County?
A: An arraignment is a procedural court hearing where the judge formally advises you of the criminal charges filed against you and asks you to enter a plea of guilty, not guilty, or no contest. Unlike a trial, no witnesses testify, no evidence is presented, and the judge does not determine guilt or innocence. In most cases, defendants plead not guilty, allowing the case to proceed to the discovery phase, pretrial hearings, negotiations, and, if necessary, trial. If you are represented by an attorney, your appearance at arraignment can often be waived by filing a written plea of not guilty and waiver of appearance with the court, although this depends on the specific case and court policies. Because important strategic decisions begin early in a criminal case, hiring an experienced Tampa criminal defense attorney before arraignment can help protect your rights, evaluate potential defenses, and position your case for the best possible outcome.
Q: Will my license be suspended if I'm arrested for DUI in Florida?
A: In most cases, yes. If you are arrested for DUI in Florida, your driver's license may be administratively suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), even before your criminal case is resolved. After the arrest, the officer will typically confiscate your driver's license and issue a 10-day temporary driving permit if you are eligible. The length of the suspension depends on the circumstances: a first-time unlawful breath or blood alcohol level of 0.08 or higher generally results in a six-month suspension, while refusing to submit to a lawful breath, blood, or urine test can result in a 12-month suspension for a first refusal and an 18-month suspension for subsequent refusals. You have only 10 days from the date of your arrest to request a DHSMV review hearing to challenge the suspension, making it critical to speak with an experienced Florida DUI defense attorney as soon as possible to protect your driving privileges.
Q: What happens if I refuse a breath test in Florida?
A: If you refuse a breath test after a lawful DUI arrest in Florida, you may face serious administrative and criminal consequences. Under Florida's implied consent law, refusing a breath test can result in a one-year driver's license suspension for a first refusal and an 18-month suspension for a second or subsequent refusal. Refusing to provide a lawful breath sample is also a crime in and of itself in Florida, meaning you'll likely face an additional criminal charge. Additionally, prosecutors are generally allowed to tell the jury that you refused the test and may argue that the refusal demonstrates a consciousness of guilt. However, refusing a breath test does not automatically result in a DUI conviction, as the State must still prove impairment through other evidence such as officer observations, field sobriety exercises, body camera footage, witness testimony, and driving behavior. Because potential defenses may exist, including challenges to the legality of the stop, arrest, or implied consent warnings, it is important to consult an experienced Florida DUI defense attorney as soon as possible.
Q: How do criminal traffic charges affect a Commercial Driver's License (CDL) in Florida?
A: Criminal traffic charges can have serious consequences for Florida CDL holders, often extending far beyond the penalties imposed in criminal court. Certain convictions (including DUI, reckless driving, leaving the scene of a crash, refusing a lawful alcohol test, and other "serious traffic violations") can result in temporary or permanent disqualification of your commercial driving privileges, even if the offense occurred while driving your personal vehicle. Two serious traffic violation convictions within three years can lead to a 60-day CDL disqualification, while three convictions can result in a 120-day disqualification. More serious offenses, such as DUI or leaving the scene, may trigger a one-year disqualification, and some repeat or felony-related offenses can permanently revoke your CDL. Because many of these penalties are triggered by a conviction rather than an arrest, it is important to consult an experienced Florida criminal traffic attorney before entering a plea to explore defenses and protect both your commercial driver's license and your livelihood.
Q: What happens if I violate probation in Florida?
A: If you are accused of violating probation in Florida, your probation officer may file an affidavit alleging a violation, which can lead to the issuance of a warrant, a warrantless arrest, or a notice to appear in court. At your first court appearance, you can either admit or deny the alleged violation. If you deny it, the court will hold a violation of probation hearing where the State must prove by the greater weight of the evidence that you committed a willful and substantial violation of your probation. If the judge finds that a violation occurred, the court may continue your probation, modify its conditions, or revoke it entirely. Revocation can result in a conviction if adjudication was previously withheld and may expose you to the maximum sentence available for the original offense. Because probation violation cases involve different procedures and a lower burden of proof than a criminal trial, it is important to speak with an experienced criminal defense attorney as soon as possible to evaluate potential defenses and protect your rights.
Q: How do I seal or expunge criminal records in Florida?
A: Florida law allows certain individuals to limit public access to their criminal records through either record sealing or record expungement, but eligibility depends on the outcome of the case and your prior criminal history. Generally, you may qualify for expungement if your case was dismissed, nolle prossed, resulted in a not guilty verdict, or was resolved through a qualifying diversion program, and you have never been adjudicated guilty of a criminal offense. You may qualify for "sealing" of records if you received a withhold of adjudication on the underlying offense. The process typically involves obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), then filing a petition with the court requesting that your record be sealed or expunged. If granted, the court will order the appropriate agencies to seal or destroy the record in accordance with Florida law. Because the eligibility rules are strict and the process involves detailed paperwork and court procedures, consulting an experienced Florida criminal defense attorney can help determine whether you qualify and maximize your chances of successfully clearing your record.
Q: What is Hillsborough County's RIDR DUI Diversion Program?
A: Hillsborough County's Reducing Impaired Driving Recidivism (RIDR) Program is a diversion-style program available to certain first-time, non-aggravated DUI offenders that may allow participants to avoid a DUI conviction. If accepted and all pre-plea requirements are successfully completed (such as DUI School, a MADD Victim Impact Panel, community service, and any required alcohol or drug monitoring) the State Attorney's Office may agree to reduce the DUI charge to reckless driving with alcohol as a significant factor and withhold adjudication. Eligibility is limited and generally excludes cases involving aggravating factors such as crashes, minors in the vehicle, very high breath alcohol levels, prior DUI-related offenses, or certain criminal histories. Because participation requires waiving speedy trial rights and completing significant conditions before receiving the plea offer, it is important to consult an experienced Tampa DUI defense attorney to determine whether RIDR is the best strategy or whether challenging the DUI charge may produce a more favorable outcome.
Q: Should I speak to detectives or police during a criminal investigation in Florida?
A: In most situations, no. If detectives or law enforcement officers want to question you during a criminal investigation, it is generally in your best interest to speak with an experienced criminal defense attorney before answering any questions. Even if you believe you are innocent or simply want to "tell your side of the story," your statements can be misunderstood, taken out of context, or used against you later in court. Under the Fifth Amendment, you have the right to remain silent and the right to have an attorney present during questioning, and invoking those rights cannot be used as evidence of guilt. Whether police contact you about a DUI, domestic violence, theft, drug offense, sex crime, or another investigation, you should politely decline to answer questions by stating that you wish to remain silent and speak with an attorney. Early legal representation can protect your constitutional rights, manage communications with law enforcement, and help avoid mistakes that could significantly impact your case.
Q: Can criminal charges in Florida be dropped?
A: Yes. Criminal charges in Florida can be dropped in several different ways, depending on the facts and legal issues involved. The most common occurs when the State Attorney's Office files a nolle prosequi, formally dismissing the prosecution because of insufficient evidence, witness credibility problems, constitutional issues, or other weaknesses in the case. Charges may also be dismissed after a defendant successfully completes a pretrial diversion program, such as those available for certain first-time offenders. In other situations, a judge may dismiss the case by granting a defense motion, such as a motion based on Florida's Stand Your Ground immunity law or a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) when the undisputed facts do not establish a crime. Constitutional violations, lack of probable cause, speedy trial issues, and other procedural defects may also lead to dismissal in appropriate cases. Because every case is different, an experienced Florida criminal defense attorney can evaluate the evidence, identify potential defenses, and pursue every available opportunity to have the charges reduced or dismissed.