Attorney Beryl Thompson-McClary explains your next steps, your rights under Florida law, and how fast action can protect your license, your job, and your future.
Orlando is known for its nightlife, theme parks, and constant traffic. Every weekend, Orange County law enforcement increases patrols looking for drivers they believe are impaired. If you’ve been arrested for DUI in Orlando, the moments right after your arrest can have a lasting impact on your case, your driver’s license, and even your criminal record.
My name is Attorney Beryl Thompson-McClary, and as a DUI Attorney in Orlando, I’ve spent years defending people across Orange County, Florida, who suddenly find themselves in the middle of a situation they never expected. A DUI arrest is frightening — you’re handcuffed, your car may be towed, and you may spend the night in jail. But what you do next can determine how serious your outcome will be.
When you call my office at 1-888-640-2999, I will personally review your arrest, examine the police report, and explain what can be done to protect your license and your record. My clients choose me because I take an aggressive, detailed approach to these cases and I understand how Florida DUI laws are enforced locally — from the Orlando Police Department to the Orange County Sheriff’s Office to the Ninth Judicial Circuit Court.
Let’s talk about what you should do immediately after being arrested for DUI in Orlando and why taking these steps matters.
Understand What You’re Accused Of Under Florida Statute § 316.193
Florida law defines DUI under § 316.193, which states:
Florida Statute § 316.193 – Driving under the influence; penalties.
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.(2)(a) Except as provided in paragraph (b), a person who is convicted of a violation of this section shall be punished:
- By a fine of:
(I) Not less than $500 or more than $1,000 for a first conviction.
(II) Not less than $1,000 or more than $2,000 for a second conviction.- By imprisonment for:
(I) Not more than 6 months for a first conviction.
(II) Not more than 9 months for a second conviction.- For a first conviction, by probation not to exceed 1 year and by mandatory 50 hours of community service.
- The court shall order the impoundment of the vehicle for 10 days for a first conviction.
(b) Any person convicted of a violation of this section who has a blood-alcohol level of 0.15 or higher, or who was accompanied by a person under 18 years of age in the vehicle, shall be punished by:
- A fine of not less than $1,000 or more than $2,000 for a first conviction, and by imprisonment for not more than 9 months.
- A fine of not less than $2,000 or more than $4,000 for a second conviction, and by imprisonment for not more than 12 months.
(3) Any person convicted of a third violation within 10 years after a prior conviction for DUI is guilty of a third-degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
This statute controls nearly every DUI arrest in Florida. Even if your blood or breath test was under 0.08, prosecutors can still try to prove impairment under subsection (1)(a) by claiming your normal faculties were impaired. That means the officer’s opinion, dash-cam footage, and field sobriety tests can all become part of the case — even without a failed chemical test.
After Arrest: Protect Your Driver’s License
When you’re arrested for DUI in Orlando, you actually face two separate cases — one criminal case in court, and one administrative case with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
The officer will likely confiscate your driver’s license at the time of arrest and issue a 10-day temporary permit. You have only 10 days to request a formal review hearing to contest the administrative suspension. If you miss that deadline, your license could be automatically suspended for up to a year for a first offense — even if your criminal case is later dismissed.
When clients call me within those 10 days, I immediately file for that hearing, obtain the police reports, and begin collecting evidence to challenge the suspension. Protecting your ability to drive to work or school is one of the first and most urgent parts of any DUI defense.
Document Everything You Remember
Once you are released from jail, write down everything about what happened — where you were stopped, what you said to the officer, whether you were read your rights, how the field tests were conducted, and what you ate or drank that evening.
These details fade quickly but are often crucial. For example, if an officer claims you “stumbled” or “slurred,” but your body-cam video shows uneven pavement or flashing lights, that can be used to question the officer’s credibility. Small details often lead to major breakthroughs in defense strategy.
Understand the Penalties and Collateral Consequences
A DUI conviction carries more than fines or jail time. You could face:
- Suspension or permanent revocation of your driver’s license
- Increased auto insurance rates or cancellation
- Installation of an ignition interlock device
- Criminal record visible to employers and landlords
- Mandatory community service and probation
- Possible loss of professional or commercial driver’s license
Under Florida Statute § 316.193, a first-offense DUI can mean up to 6 months in jail, while a second offense within five years can bring mandatory 10-day jail and up to 9 months total. A third offense within 10 years is a felony carrying up to 5 years in prison.
Because these penalties can escalate quickly, acting fast to build your defense is essential. I often meet with clients the same day they call my office so we can begin the process before critical evidence or deadlines are lost.
Don’t Discuss Your Case with Anyone But Your Lawyer
Many people try to explain their side of the story to the officer, friends, or even on social media. That’s one of the biggest mistakes you can make. Anything you say can be used against you later. Even innocent comments such as “I only had two drinks” can be twisted in court.
Once you retain my office, I handle all communication with law enforcement and prosecutors. That means no more worrying about what to say or how to respond. My role as your Orlando DUI Defense Lawyer is to protect your rights and your future from the moment you call.
Preserve the Evidence and Police Footage
Most DUI arrests in Orange County involve dash-cam and body-cam video, as well as breathalyzer logs and maintenance records. I immediately request these items and review whether the testing devices were properly calibrated.
If an officer failed to follow protocol — for example, not observing the driver for 20 minutes before a breath test or giving unclear instructions on a field test — that evidence may be excluded. Technical violations often lead to reduced or dismissed charges.
The Court Process in Orange County
After a DUI arrest in Orlando, you will receive a court date at the Orange County Courthouse in downtown Orlando. The first hearing is typically an arraignment, where you enter a plea of not guilty. From there, your attorney requests discovery, reviews evidence, and may file motions to suppress unlawfully obtained evidence.
In many cases, we can appear in court on your behalf so you don’t have to miss work. If negotiation is appropriate, I discuss options such as plea to reckless driving, sometimes called a “wet reckless,” which may carry fewer penalties and less stigma than a DUI conviction.
If the prosecution’s evidence is weak or unconstitutional, I prepare for trial and fight the case before a jury.
Understanding Defenses Under Florida Law
Every DUI case is unique. Here are some of the most common defenses I develop for my clients in Orlando:
- Illegal traffic stop: The officer must have a lawful reason for pulling you over. Without it, all evidence can be suppressed.
- Improper field sobriety tests: Uneven surfaces, medical conditions, or poor lighting can cause false indicators of impairment.
- Unreliable breath tests: Breathalyzer machines must be maintained and operated by certified technicians. Any deviation can invalidate the result.
- Violation of Miranda rights: If you were interrogated without being properly advised of your rights, your statements may be inadmissible.
- Lack of evidence of actual control: You can be charged with DUI even if the car wasn’t moving. Proving you were in “actual physical control” can be contested.
I use these strategies based on the specific facts of your arrest and often identify procedural errors that others overlook.
Fictional Example: The Case of Michael R.
To illustrate how quickly a DUI case can be turned around, consider a fictional example similar to situations I’ve handled in Orlando.
Michael R., a 29-year-old software engineer, was stopped near downtown Orlando after leaving a company dinner. The officer said he “failed” the field sobriety test and blew 0.09 on the breath test. Michael contacted my office within 24 hours of his release.
After reviewing the body-cam video, I noticed the officer did not observe the mandatory 20-minute period before administering the breath test, violating Florida Administrative Code Rule 11D-8.007. I filed a motion to suppress the breath result. At the hearing, the judge agreed the procedure wasn’t followed correctly. With the breath evidence excluded and no proof of impairment beyond the officer’s opinion, the State reduced the charge to careless driving.
Michael kept his license, avoided a criminal record, and continued his career without interruption.
This kind of result happens because the defense started immediately — not weeks later.
Why Choose Attorney Beryl Thompson-McClary
My commitment to every client is personal attention, quick response, and aggressive defense. I don’t hand cases off to junior associates or staff. When you hire me, you get direct access to your Orlando DUI Defense Lawyer — the same attorney who will stand beside you in court.
I also understand the emotional side of a DUI arrest. It’s not just a legal issue; it’s embarrassment, fear, and uncertainty. I guide clients through each step with clarity and compassion while fighting to achieve the best possible result.
If you or someone you love has been arrested for DUI anywhere in Orlando or Orange County, call 1-888-640-2999 to schedule a consultation. The sooner you act, the stronger your defense can be.
Frequently Asked Questions About DUI Arrests in Orlando
What happens after my DUI arrest in Orlando?
After an arrest, you’ll likely be booked into the Orange County Jail and released after posting bond or appearing before a judge. Your license is immediately confiscated, and you’re issued a 10-day temporary permit. During this time, you must request a DHSMV hearing to challenge the administrative suspension. Missing this deadline can cause an automatic suspension. A DUI Attorney in Orlando can handle both your court case and the DMV process simultaneously.
Will I lose my driver’s license automatically?
Not if you act quickly. Florida law allows you to request a formal review hearing within 10 days. I file that request immediately for my clients. If successful, we can reinstate driving privileges or secure a hardship license. Many people mistakenly think the suspension is automatic, but procedural errors or missing evidence can result in a reversal.
Do I have to appear in court for every hearing?
Not always. In most misdemeanor DUI cases, your Orlando DUI Defense Lawyer can appear on your behalf for routine hearings. This can save you missed workdays and stress. You may need to appear for specific hearings, but I always let my clients know ahead of time and prepare them thoroughly.
What if I refused the breath test?
Refusing a breath, blood, or urine test triggers an automatic license suspension under Florida’s implied-consent law. However, refusals can often be challenged. The officer must have properly advised you of the consequences and must have had probable cause to request the test. If the warning was unclear or the arrest was unlawful, the refusal may not hold up.
How long does a DUI stay on my record in Florida?
A DUI conviction remains on your record permanently. Unlike many other offenses, it cannot be sealed or expunged if you’re convicted. That’s why it’s vital to fight the charge before conviction occurs. If your case is dismissed or reduced to reckless driving, record sealing might still be possible.
Can a first-time DUI offender go to jail?
Yes. A first conviction can result in up to 6 months in jail, even more if aggravating factors exist such as a high BAC or a minor in the car. However, first-time offenders often qualify for alternative sentencing or diversion programs if handled correctly by an experienced attorney.
How do police decide who to pull over?
Officers look for “signs of impairment” like swerving, delayed reaction at traffic lights, or inconsistent speed. But sometimes, innocent behaviors are misinterpreted. Dash-cam footage, GPS data, or witness statements can help show you were driving safely and should not have been stopped.
Is it worth hiring a lawyer for a DUI?
Absolutely. The potential consequences of a conviction—criminal record, jail time, and loss of license—far outweigh the cost of legal representation. An Orlando DUI Defense Lawyer can identify weaknesses in the State’s case, negotiate reductions, or even secure dismissal.
Can my DUI be reduced to reckless driving?
Yes, that’s often possible when the evidence is questionable or when you have no prior record. A reckless-driving plea may carry fewer penalties, shorter probation, and no mandatory ignition interlock device. Every case is unique, but the goal is always to reach the most favorable result.
What if I was visiting Orlando and live in another state?
Out-of-state drivers face unique challenges because Florida reports DUI convictions to your home state. I handle these cases regularly and coordinate with your local licensing agency to minimize long-term impact. Acting quickly ensures your driving privileges can be protected in both states.
Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’ve been arrested for DUI anywhere in Orlando or Orange County, Florida, do not wait to get legal help. I defend clients in every courthouse across Central Florida and will review your case personally. The sooner you call, the sooner we can protect your license, your job, and your future.
