Driving Under The Influence (DUI)

Driving Under The Influence (DUI)

There are many areas Thomas Maiello will investigate in order to mount the strongest possible attack on your DUI charge.  By conducting a thorough factual investigation, Tom will determine if your rights have been violated or whether there are other viable challenges to the DUI charge which can ultimately be won in the courtroom.   

Just because a breath test result was over the .08 legal limit does not automatically mean that a person is guilty of DUI.  There still may be ways to effectively challenge the DUI arrest and win in court. 

Tom can also fight the suspension of your driver’s license and obtain a temporary “business purposes” license in the meantime (this process must be initiated within 10 days of arrest). 

In addition to standard DUI cases, Tom has been the lead defense attorney in defending clients charged with:

DUI Manslaughter
DUI with Serious Bodily Injury
Felony DUI (multiple convictions)
Vehicular Homicide


The first thing Thomas Maiello does after accepting a client’s DUI case is obtain the DUI video and  police reports in order to scrutinize every aspect of the arrest and surrounding circumstances.

Some examples of the types of issues Thomas Maiello will investigate are:

The Vehicle Stop
Did the police officer have a sufficient legal basis to stop you?  Or, did the police officer merely have a “hunch” that you had been drinking?

If the reason for the stop was a traffic infraction, was there sufficient probable cause that you actually committed the infraction, as the police officer claims?

If the car was already stopped or parked, was there probable cause to detain you and begin a DUI investigation?

Field Sobriety Tests

Were the roadside field sobriety tests properly administered?  Was your performance affected because you were tired or nervous?  Do you have any injuries or physical limitations which may have affected your ability to complete all the tests?  Were the testing conditions fair (e.g. proper lighting, level surface)?

Did the police officer properly advise you of your Constitutional rights? (right to remain silent, right to speak to an attorney, etc.)

The Breath Test
Were you coerced or intimidated into taking the breath test?  Were you properly informed of the legal consequences of refusing the test?

Was the breathalyzer reading accurate?  Was the machine properly maintained and calibrated?  Are there other reasons, besides alcohol consumption (like an illness) that may account for an elevated blood alcohol level?  Is it possible to get the breathalyzer results “suppressed” or thrown out of court?

The Video
How do you look on the DUI video?  Do you look “impaired”?  The law in Florida allows people to drink and drive, just not while impaired.  Can it be demonstrated that the officer’s opinion that you were impaired is flawed or even flat-out wrong?  Based on your overall appearance on the video, can the prosecution prove beyond every single reasonable doubt that you were “impaired”?  Does your appearance on the video seem to be inconsistent with a high breath test result?  

Call Tampa criminal defense attorney Thomas Maiello to schedule a free consultation and case analysis of your DUI charge.