Always a defense attorney,
NEVER a prosecutor



My client was arrested for DUI by the Florida Highway Patrol.  I was able to get a copy of the video and police reports for his case.  Because my client retained me within 10 days, I was able to request a “Formal Review” to fight the administrative suspension of his driver’s license for allegedly having a breath test result over the 0.08 legal limit on the Intoxilyzer breath test machine.

At the Formal Review hearing, I raised a number of legal issues and challenges to the suspension.  These included the authority for the trooper to pull my client over for allegedly driving under the influence (DUI), give my client a breath test, whether the breath test machine was working properly, whether my client actually had a breath test result over 0.08, and the authority for the Polk County Sheriff’s Office to give my client a breath test.  After the hearing, the order upholding the suspension was not timely filed by the Department of Highway Safety and Motor Vehicles (DHSMV), so I also challenged the 6 month suspension on that basis also.

Unfortunately, the suspension of my client’s license will continue while the writ is being heard by the Polk county circuit court.  However, not fighting the suspension has consequences besides the license suspension.  There is a mark on your license saying that you drove with an unlawful blood alcohol level if you lose the Formal Review.  If you are ever arrested again and blow over 0.08, the suspension is increased to one (1) year!  There is also the principal of the matter.  I fight for my clients and do not want the DHSMV to think I will go down without a fight!  If you are going  to take my client’s driving privilege away, you better be correct about the DUI law and issues in my client’s case. In addition, if I win the writ/appeal of this suspension, that will help anyone arrested in the future to use this case law in their DUI arrest!

It will take time before a decision is made on this DUI case.  I will continue to fight in court.  The Formal Review is a separate license suspension and a separate proceeding from the court case.  Even if you win the hearing and the administrative suspension of your license is set aside, you still have to go to court and fight the DUI.

When you go to court do you want a DUI lawyer that gives up or a DUI attorney that fights for you and your good name?  If you’re looking for a fighter, call me!




 863-838-5549 cell


Because you only have 10 days to request a Formal Review! 

Tags: 0.08 limit breath test DUI DUI license suspension field sobriety tests Formal Review Refuse breath test


Mar 2013


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112 E Poinsettia St Lakeland, FL, 33803

(863) 688-4606


4107 N. Himes Ave #200 Tampa, FL, 33607

(813) 789-6404


24140 FL-54 #101e Lutz, FL, 33559

(727) 457-8660


Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.