What Every Driver in Orlando Should Know—and How Attorney Beryl Thompson-McClary Fights to Protect Your Record
Facing DUI Charges in Orlando, Florida
Orlando is known for its vibrant nightlife, theme parks, and entertainment districts, from Downtown Orlando to International Drive and the attractions near Universal and Disney. Unfortunately, the same environment that brings joy to millions of visitors also leads to countless DUI arrests each year. Law enforcement in Orange County maintains a strict approach to impaired driving, and the consequences can follow you long after a night out.
I’m Attorney Beryl Thompson-McClary, an experienced DUI Attorney in Orlando, and I’ve spent years defending clients facing these serious charges. Many people arrested for DUI believe that a conviction is inevitable, but in reality, Florida law provides several paths toward reduction or even dismissal—if your defense is handled strategically and aggressively. My firm represents clients across Orange County, including Winter Park, Apopka, and Ocoee.
If you’ve been arrested for DUI, call my office today at 1-888-640-2999 to schedule a consultation. While my firm does not offer free consultations, we dedicate time to understanding your situation and developing a legal strategy that protects your freedom, license, and reputation.
How Florida Defines DUI Under State Law
Florida Statute § 316.193 sets the foundation for DUI charges. A person is guilty of Driving Under the Influence if they are:
- Operating or in actual physical control of a vehicle while under the influence of alcohol or a controlled substance, and
- Their normal faculties are impaired, or
- Their blood-alcohol concentration (BAC) is 0.08 g/dL or higher.
The statute gives prosecutors two main paths to conviction: impairment and BAC evidence. That means even without a breath or blood test, the state can rely on an officer’s observations—such as slurred speech, odor of alcohol, or erratic driving.
However, those same subjective observations are often the weakest part of the case, which is why a strong defense can make the difference between conviction and dismissal.
Understanding What “Reduction” or “Dismissal” Means
In Florida, a reduction typically means the charge is lowered to a lesser offense such as “Reckless Driving” under § 316.192, sometimes referred to as a “wet reckless.” This outcome can eliminate or minimize mandatory jail time, license suspension, and ignition interlock requirements.
A dismissal means the court throws out the DUI charge entirely. This can occur if the evidence is suppressed, the stop was unlawful, or the prosecutor determines the case cannot be proven beyond a reasonable doubt. Both outcomes preserve your record and help you avoid the long-term damage of a DUI conviction.
When a DUI May Be Reduced in Orlando
Prosecutors in Orange County consider several factors when determining whether a DUI can be reduced. These include:
- Your prior record: First-time offenders with clean driving histories often have the best chance.
- Evidence strength: Faulty breath tests, body-cam contradictions, or lack of probable cause can weaken the case.
- Behavior and cooperation: Polite and respectful conduct during the arrest can weigh in your favor.
- Community impact: Whether the offense involved an accident, injury, or property damage.
A skilled Orlando DUI Defense Lawyer reviews every element of the state’s case—police reports, dash-cam footage, calibration logs, and officer training certifications—to find inconsistencies or errors that justify a plea to reckless driving instead of DUI.
Legal Defenses That Can Lead to Dismissal
There are multiple defenses that may lead to dismissal of DUI charges in Florida courts:
1. Illegal Traffic Stop
Under the Fourth Amendment and Article I, Section 12 of the Florida Constitution, police must have reasonable suspicion to initiate a stop. If the officer lacked a lawful reason—such as observing a traffic infraction—the stop itself may be ruled unconstitutional, and all evidence obtained afterward may be suppressed.
2. Lack of Probable Cause for Arrest
Even after a valid stop, officers must have probable cause to arrest you for DUI. Field sobriety tests are highly subjective and often administered incorrectly. If the arrest was based on weak or unreliable indicators, the charge can collapse before trial.
3. Faulty Breath or Blood Test
Breathalyzer results must comply with Florida Administrative Code Chapter 11D-8, governing calibration, maintenance, and operator certification. If the equipment was mishandled or records are incomplete, BAC results can be excluded.
4. Improper Field Sobriety Testing
Officers often conduct the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests under improper conditions—such as uneven pavement or flashing lights. Any deviation from National Highway Traffic Safety Administration (NHTSA) guidelines can invalidate those results.
5. Violation of Miranda Rights
If you were questioned after arrest without being advised of your rights, your statements could be inadmissible.
By combining these legal challenges with negotiation strategies, it’s often possible to achieve dismissal or substantial reduction of the charges.
Penalties for DUI Convictions Under Florida Law
Florida imposes harsh consequences for DUI convictions, as outlined in § 316.193:
- First Offense: Up to 6 months in jail, $500–$1,000 fine, and license suspension up to 1 year.
- Second Offense: Up to 9 months in jail and ignition interlock for 1 year.
- Third or Subsequent: Felony charges possible, up to 5 years in prison.
- Enhanced Penalties: BAC ≥ 0.15 or minor in the vehicle increases fines and jail exposure.
These penalties escalate rapidly, and even a single conviction can affect your job, insurance rates, and travel rights. Avoiding a conviction through reduction or dismissal protects your record and future opportunities.
Why Prosecutors Agree to Reduce a DUI Charge
As a DUI Attorney in Orlando, I’ve handled hundreds of cases where the state was willing to negotiate a reduction. Prosecutors understand that juries often scrutinize DUI evidence closely. When the state’s case is weak—due to poor testing procedures or questionable officer conduct—they may prefer a plea to reckless driving rather than risk an acquittal.
Your attorney’s credibility, presentation, and preparation also play a key role. I take a proactive approach by presenting mitigation materials such as alcohol-education enrollment, community involvement, and letters of recommendation to strengthen your case for a favorable outcome.
How I Approach DUI Defense in Orange County
Every case begins with a thorough review of the arrest process and evidence. I personally obtain dash-cam video, testing records, and witness statements. My approach emphasizes four core steps:
- Challenging the stop: If there was no clear reason for the initial stop, all resulting evidence can be thrown out.
- Examining officer conduct: Police must follow strict procedure when conducting field tests and collecting samples.
- Reviewing lab and machine data: I demand proof that breath-testing machines were properly calibrated.
- Negotiating effectively: I leverage any procedural or evidentiary weaknesses to seek charge reduction or dismissal.
This strategic, detail-driven defense can protect you from license suspension, jail, and criminal record exposure.
Real Case Example: DUI Reduced to Reckless Driving in Orlando
A recent client was arrested near Mills Avenue after a minor fender-bender. The officer noted slurred speech and claimed the client failed the walk-and-turn test. The breath test later showed 0.09 BAC, barely over the limit.
After I subpoenaed maintenance logs, we discovered the Intoxilyzer device had not been calibrated within the legally required timeframe. I filed a motion to suppress the breath test, which the court granted. The State Attorney’s Office subsequently offered a reduction to reckless driving with minimal probation and no license suspension.
This case illustrates how technical flaws can completely shift the outcome of a DUI arrest in Orlando.
The Role of the DHSMV License Hearing
Many people don’t realize that a DUI arrest triggers two separate proceedings: the criminal case and the administrative license suspension handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
You have only 10 days from the date of arrest to request a Formal Review Hearing to challenge your suspension. If you miss this deadline, your license will be automatically suspended for up to one year. I represent clients at both stages, ensuring all procedural rights are preserved and any early missteps are avoided.
Why You Should Choose Attorney Beryl Thompson-McClary
- Extensive trial experience: I’ve defended countless clients charged with DUI across Orange County courts.
- Personalized representation: I handle each case directly, not through junior associates.
- Comprehensive analysis: Every detail of the arrest, from probable cause to test procedure, is scrutinized.
- Negotiation strength: My established relationships within the local court system help facilitate realistic reductions.
- Client communication: I make sure you understand each step and know what to expect.
If you are looking for an experienced Orlando DUI Defense Lawyer, contact me today at 1-888-640-2999 to schedule your consultation.
Possible Alternatives to Conviction
For eligible clients, Florida law provides diversionary and rehabilitative options that may help avoid a permanent record:
- Pre-Trial Diversion (PTD): Some first-offense DUI cases can enter a PTD program where completion of alcohol treatment and community service results in dismissal.
- Reckless Driving Plea: Negotiating a plea under § 316.192 avoids mandatory license suspension.
- Deferred Adjudication: In rare cases, the court may withhold adjudication, preventing a formal conviction.
While these outcomes depend on circumstances, they represent realistic goals for many first-time offenders in Orlando.
What Happens if the DUI Cannot Be Dismissed
Even if dismissal isn’t achievable, a well-built defense can still minimize penalties. Sentencing options often include probation, community service, or alcohol-education courses instead of jail. Demonstrating proactive rehabilitation—such as enrolling in treatment early—can influence both prosecutors and judges to impose leniency.
My role as your DUI Attorney in Orlando is to ensure that every fact, every technicality, and every legal protection is used to reduce the impact on your life.
Protecting Your Record After the Case
If your DUI is reduced to reckless driving or dismissed, you may qualify to seal or expunge your record under Florida Statute § 943.0585. This step is vital for protecting your employment prospects, housing applications, and background checks. My office assists clients through the expungement process to ensure the arrest does not follow them in the future.
Frequently Asked Questions About Reducing or Dismissing a DUI in Florida
Can a first-time DUI be dismissed in Florida?
Yes, dismissal is possible, especially when evidence is weak or the officer violated procedure. First-time offenders often have a better chance of obtaining a dismissal through negotiation, suppression of evidence, or diversion programs. I frequently analyze each arrest for legal flaws that justify dismissal in Orange County courts.
What is a “wet reckless” plea in Florida?
A “wet reckless” refers to a reckless-driving charge under § 316.192 that acknowledges alcohol involvement but is not a DUI conviction. It carries lighter penalties, minimal license consequences, and no mandatory ignition interlock. It’s a common reduction negotiated by an experienced Orlando DUI Defense Lawyer when the state’s proof is questionable.
If I refused a breath test, can my DUI still be reduced?
Yes. While refusal triggers administrative penalties, it can also make the prosecution’s case harder to prove. The state must rely on officer testimony alone, which can be challenged for inconsistency. I often use this leverage to secure reduced charges.
What happens to my driver’s license during a DUI case?
Your license is subject to immediate suspension, but you have 10 days to request a formal review. I represent clients at these hearings to contest the suspension or obtain a hardship license allowing limited driving privileges.
Can I represent myself for a DUI in Florida?
It’s extremely risky. DUI law involves technical rules on evidence, police procedure, and statutory compliance. Without legal training, you may miss crucial opportunities for reduction or dismissal. Hiring a seasoned DUI Attorney in Orlando ensures your rights are fully protected.
Are breath tests always accurate?
No. Machines such as the Intoxilyzer 8000 must meet precise calibration and maintenance standards. Human error, environmental factors, and medical conditions can produce false readings. I frequently subpoena maintenance logs and operator certifications to challenge these results.
What if the officer didn’t read my Miranda rights?
If police questioned you after arrest without advising you of your rights, any statements you made can be excluded from evidence. This exclusion can weaken the prosecution’s case and increase the chance of dismissal.
Is it possible to expunge a DUI arrest in Florida?
If your DUI charge was dismissed or reduced to a lesser offense where adjudication was withheld, you may be eligible to seal or expunge the record. My firm handles this process for clients to protect future employment and background checks.
How long does a DUI stay on my record in Florida?
A DUI conviction remains on your record permanently. Florida does not allow expungement of adjudicated DUI convictions. This is why achieving a reduction or dismissal is critical—it’s the only way to keep your record clean.
What are the penalties for a second DUI?
A second DUI within five years carries mandatory jail time, longer license suspension, higher fines, and ignition interlock requirements. Repeat offenders require immediate legal representation to challenge the validity of prior convictions and protect their driving privileges.
Can a DUI be reduced if there was an accident?
If the crash resulted in no injury or minimal damage, a reduction is still possible depending on the evidence. However, cases involving serious injury or property damage are treated more severely. I’ve successfully negotiated reductions in minor-accident cases by demonstrating low impairment and cooperative behavior.
Do prosecutors in Orange County offer diversion programs for DUI?
Diversion is rare but may be available for first-time offenders under limited conditions. I evaluate eligibility on a case-by-case basis and negotiate directly with the State Attorney’s Office for participation whenever possible.
What are field sobriety tests, and are they mandatory?
Field tests are coordination exercises designed to gauge impairment, but you are not legally required to perform them. Politely declining can limit the evidence against you. However, refusing a breath or blood test has separate administrative consequences.
How much does hiring a DUI attorney cost?
Fees vary by case complexity, prior record, and trial involvement. My office provides transparent fee structures during your consultation so you know exactly what to expect. Remember, the cost of inadequate defense can far exceed the cost of proper representation.
Can a DUI affect my job or professional license?
Yes. Many employers, especially those in healthcare, education, and commercial driving, impose strict background policies. A conviction can also trigger disciplinary action for licensed professionals. I often coordinate with licensing boards to mitigate collateral consequences.
Should I plead guilty to a DUI if I think I’m guilty?
Never plead guilty without reviewing the evidence. Breath tests, police conduct, and procedural errors frequently create opportunities for dismissal or reduction. Consulting an attorney ensures you understand every available option before making decisions that could affect your future.
Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
When your license, reputation, and freedom are at stake, the quality of your defense matters. I am committed to defending clients across Orlando and Orange County with precision, determination, and care. Whether your goal is reduction, dismissal, or preservation of driving privileges, you deserve an attorney who fights for the best possible outcome under Florida law.
Call 1-888-640-2999 today to schedule your consultation and begin protecting your future.
