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Can Orlando Police Force a Blood Test for DUI?

Can Orlando Police Force a Blood Test for DUI?

Understanding Florida’s Implied Consent Law and How an Experienced Orlando DUI Defense Lawyer Can Protect Your Rights

Defending Your Rights in Orlando, Florida

Orlando is known for its mix of tourism, nightlife, and year-round traffic from locals and visitors alike. From downtown’s entertainment districts to the suburbs of Winter Park, Altamonte Springs, and Apopka, law enforcement in Orange County actively patrols for impaired drivers. If you’re stopped on suspicion of DUI, one question often arises: can the police force you to take a blood test?

I’m Attorney Beryl Thompson-McClary, an Orlando DUI Defense Lawyer with decades of courtroom experience defending drivers throughout Central Florida. I understand how frightening it can be when a traffic stop turns into an arrest or when an officer insists on a chemical test. At my firm, I fight to protect your constitutional rights and ensure that any test or evidence used against you is obtained legally.

If you’ve been accused of DUI or subjected to a forced blood draw, you should speak with an experienced DUI Attorney in Orlando immediately. You can schedule a confidential consultation by calling 1-888-640-2999. I represent clients throughout Orange County, including Orlando, Winter Park, Ocoee, and Maitland.

Florida’s DUI Blood Test Laws Explained

Under Florida Statutes §316.1932, every person who operates a vehicle in the state is subject to the implied consent law. This law means that by driving on Florida roads, you are deemed to have consented to submit to an approved chemical test—such as a breath, urine, or blood test—if lawfully arrested for DUI.

However, there are limits. Law enforcement cannot automatically force a blood test. Instead, the law sets strict conditions for when a blood draw may be authorized.

A blood test is generally permitted in the following situations:

  • When a driver voluntarily consents after being informed of their rights.
  • When a breath or urine test is impossible or impractical, such as after a crash that results in serious injury or death.
  • When a warrant is obtained from a judge authorizing the test.

Outside of these situations, forcibly drawing blood from a suspect without legal justification violates constitutional protections against unreasonable searches and seizures under both the Fourth Amendment to the U.S. Constitution and Article I, Section 12 of the Florida Constitution.

When Can Police Use Force to Obtain a Blood Sample?

Florida Statute §316.1933(1)(a) is the key authority on forced blood draws. It allows an officer to require a blood test—without consent—if they have probable cause to believe a motor vehicle crash caused death or serious bodily injury and that the person driving under the influence contributed to the accident.

This means that outside of serious injury or fatal collisions, law enforcement typically cannot physically compel you to give a blood sample. In most DUI stops that do not involve an accident, the officer must rely on a breath or urine test unless a warrant is issued.

Even in cases where a warrant is sought, the process must follow strict procedures. A judge must review a sworn affidavit from the officer establishing probable cause. Any deviation—such as an invalid warrant or improper execution—can render the blood test evidence inadmissible in court.

Florida’s Warrant Requirement After Missouri v. McNeely

The U.S. Supreme Court’s landmark decision in Missouri v. McNeely (2013) changed how states, including Florida, handle blood tests in DUI investigations. The Court ruled that the natural dissipation of alcohol in the bloodstream does not automatically justify a warrantless blood draw. Instead, each situation must be evaluated under the “totality of the circumstances.”

In other words, unless there is a true emergency that makes obtaining a warrant impossible, police must secure judicial authorization before performing a forced blood test. Florida courts have followed this precedent closely, requiring officers to justify any claim of “exigent circumstances.”

The Role of Probable Cause in Blood Test Requests

To lawfully request a blood sample, police must first establish probable cause that you were driving under the influence. This may include evidence such as:

  • Erratic driving behavior or involvement in a crash.
  • The odor of alcohol, slurred speech, or unsteady movements.
  • Results from field sobriety exercises.
  • Statements made by the driver.

However, these indicators alone are not always reliable. Officers sometimes misinterpret fatigue, medical conditions, or environmental factors as signs of impairment. That’s why it’s critical to have an experienced DUI Attorney in Orlandoreview every step of the investigation, from the initial stop to the administration of any test.

What Happens If You Refuse a Blood Test

Refusing a lawful test under the implied consent law carries significant penalties in Florida. According to §316.1939, a first refusal can lead to a one-year driver’s license suspension, and a second refusal can result in an 18-month suspension plus a separate misdemeanor charge.

But not every refusal is illegal. If the request for a blood test was not legally justified—such as when no warrant was obtained, or there was no serious injury or death—then your refusal should not trigger a suspension or criminal penalty.

I frequently challenge refusals by showing that the officer lacked authority to demand a blood test in the first place. If the police failed to comply with the statute, I fight to have the evidence excluded and the suspension overturned.

Medical Privacy and Chain of Custody Issues

Blood tests raise additional privacy concerns. Drawing blood is an invasive act that requires proper medical training, sterile equipment, and strict adherence to chain-of-custody procedures. Florida law mandates that blood be drawn by authorized personnel—such as a nurse, physician, or certified paramedic—using approved medical protocols.

If the sample is mishandled, mislabeled, or contaminated, the test results can be challenged and potentially thrown out. I review every stage of the collection and testing process, including lab documentation and technician credentials, to uncover errors that may cast doubt on the validity of the results.

Common Defense Strategies in Blood Test DUI Cases

Each case is unique, but as an Orlando DUI Defense Lawyer, I employ several proven defense approaches depending on the circumstances:

1. Illegal Search or Seizure: If the blood draw occurred without consent, a valid warrant, or statutory authority under §316.1933, I move to suppress the evidence as unconstitutional.

2. Faulty Warrant: Warrants must be based on reliable information. Any factual errors or lack of probable cause can invalidate the entire test.

3. Contamination or Improper Handling: Laboratory and storage errors are more common than most people realize. Small mistakes in labeling or refrigeration can distort results.

4. Chain of Custody Breaks: If the state cannot document every person who handled the sample, the evidence’s integrity collapses.

5. Rising BAC Defense: Alcohol levels change over time. By showing that your BAC was below the legal limit while driving, even if it rose later during testing, I can weaken the prosecution’s case.

6. Medical or Dietary Conditions: Certain health issues and medications can mimic signs of impairment or interfere with test readings.

The Consequences of a DUI Blood Test Conviction

If the prosecution successfully introduces blood test results showing a blood-alcohol concentration (BAC) of 0.08% or higher, you could face severe penalties under §316.193(2):

  • Fines between $500 and $1,000 for a first offense.
  • Up to six months in jail.
  • Mandatory probation and community service.
  • Driver’s license suspension.
  • Ignition interlock device installation.

For repeat offenses, penalties increase dramatically, including felony charges, multi-year license revocations, and permanent criminal records. Beyond the legal consequences, a DUI conviction can damage employment prospects, insurance rates, and professional reputation.

Why Choose Attorney Beryl Thompson-McClary

I have built my practice on a simple principle: every person deserves a fair defense, no matter the accusation. My firm has defended thousands of clients charged with DUI and related offenses in Orange County and surrounding jurisdictions.

When you retain me, I don’t just examine your test results—I dissect every element of the state’s case, from the initial stop to the chain of custody at the lab. My approach combines investigative precision with trial-tested defense strategy.

Clients choose me because I:

  • Personally handle every case from start to finish.
  • Have decades of courtroom experience in Florida criminal law.
  • Know how to challenge improper warrants and police overreach.
  • Understand the local court system, prosecutors, and judges.

If you’ve been arrested for DUI involving a blood test in Orlando, don’t wait for the system to decide your fate. Take control of your defense by calling 1-888-640-2999 to schedule your consultation today.

Case Example: Suppression of an Unlawful Blood Test

A recent client was involved in a minor crash in Orange County. The officer claimed the driver appeared intoxicated and ordered a blood draw at the hospital without obtaining a warrant. The driver never gave consent, and no serious injuries occurred.

I filed a motion to suppress the blood test results, arguing the officer lacked legal authority under §316.1933 and violated Missouri v. McNeely. The court agreed that the circumstances did not justify a forced draw. Once the blood evidence was excluded, the prosecution dismissed the DUI charge.

This case highlights how crucial it is to have an Orlando DUI Defense Lawyer who understands both the science and the law behind forced blood tests.

Protecting Your Constitutional Rights

Blood tests are among the most invasive forms of evidence collection in DUI investigations. Without proper legal safeguards, your constitutional rights can easily be violated. If you were forced to submit to a blood test or arrested after refusing one, I can review whether your rights were infringed and take immediate steps to challenge the results.

I often uncover procedural and constitutional errors that lead to reduced charges, dismissed cases, or acquittals. These defenses are not hypothetical—they are built on real violations that happen every day in Florida DUI investigations.

Orlando DUI Defense Frequently Asked Questions

Can Orlando police draw my blood without a warrant?
Only under very limited conditions. Florida law allows a warrantless blood draw if there’s probable cause to believe you caused serious injury or death in a crash while under the influence. Outside of that scenario, officers must obtain a valid warrant or your voluntary consent. If they skip this step, any evidence collected may be excluded from court.

What if I refuse to give blood when asked?
You have the right to refuse in most cases unless the officer has statutory authority under §316.1933 or a signed warrant. However, refusal can lead to administrative penalties such as license suspension. A skilled DUI Attorney in Orlando can determine whether your refusal was justified and fight to restore your driving privileges.

Are hospital blood tests admissible in DUI cases?
Sometimes hospitals draw blood for medical purposes after a crash. Law enforcement must follow specific procedures before accessing these results. If the state obtained your hospital records without a warrant or subpoena, those results can often be suppressed.

How accurate are DUI blood tests?
Blood tests are not infallible. Issues such as sample contamination, equipment calibration, or incorrect storage temperatures can lead to false readings. I frequently consult independent toxicologists to review the state’s lab results and identify scientific weaknesses.

Can I be charged with DUI based solely on a blood test?
Yes, but the prosecution must first prove that the test was obtained lawfully and processed correctly. Without proper chain-of-custody documentation and a valid warrant or consent, the results are unlikely to stand in court.

What’s the difference between a breath test and a blood test?
A breath test measures alcohol concentration through exhaled air, while a blood test measures it directly from the bloodstream. Blood tests can also detect drugs. However, because they’re more invasive, the law restricts when police can require them.

How long does the state have to file DUI charges after a blood test?
Florida prosecutors typically wait for lab results before filing formal charges, which can take weeks or months. However, the statute of limitations still applies. If delays occur or evidence is mishandled, I can seek dismissal for lack of timely prosecution.

What should I do if I’m asked to take a blood test after an accident?
Politely ask whether the officer has a warrant. If they do not, you have the right to refuse unless there’s a serious injury or fatality involved. Remain calm, avoid arguing, and contact an attorney immediately.

Can I challenge my driver’s license suspension after refusing a blood test?
Yes. You can request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within ten days of your arrest. As your attorney, I can represent you at this hearing to contest the suspension and expose flaws in the officer’s procedure.

Will a forced blood draw affect my chances in court?
It can, but forced blood draws are often legally vulnerable. If the officer exceeded statutory authority or failed to obtain a proper warrant, I can move to exclude the blood evidence. Without that evidence, the prosecution’s case often collapses.

Call an Experienced Orlando DUI Defense Lawyer Today

A DUI arrest involving a blood test can feel overwhelming—but you don’t have to face it alone. Whether you consented to a test or were forced into one, I can review your case and protect your rights at every step.

Contact Orlando DUI Attorney Beryl Thompson-McClary at 1-888-640-2999 to schedule your confidential consultation. I represent clients throughout Orlando and Orange County, Florida, in all DUI-related cases, including forced blood draws, refusals, and administrative hearings.

Contact Orlando DUI Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

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Orlando DUI Defense for Out-of-State Drivers Arrested in Florida

Orlando DUI Defense for Out-of-State Drivers Arrested in Florida

Arrested for DUI While Visiting or Traveling Through Orlando? You’re Not Alone

Orlando, Florida, welcomes millions of visitors each year—from families exploring Walt Disney World and Universal Studios to professionals attending conventions at the Orange County Convention Center. But what many visitors don’t expect is to leave town with a criminal charge. Unfortunately, every year, thousands of out-of-state drivers find themselves arrested in Central Florida for driving under the influence.

I’m Attorney Beryl Thompson-McClary, an experienced Orlando DUI Defense Lawyer, and I’ve represented many drivers who live in other states but were arrested while visiting or passing through Florida. Being charged with DUI while far from home creates unique complications: you’re suddenly facing a Florida criminal case, possible license suspension in your home state, and the anxiety of dealing with unfamiliar laws. My office helps clients manage every aspect of this process so that they can protect their rights without having to travel back and forth repeatedly.

If you’ve been arrested for DUI in Orlando or anywhere in Orange County, Florida, call 1-888-640-2999 to schedule a confidential consultation with my office. We’ll discuss what happened, what’s at stake, and how we can begin protecting your future.

Understanding Florida’s DUI Laws

Under Florida Statutes § 316.193, a person is guilty of driving under the influence if they are in actual physical control of a vehicle and:

  • Their blood-alcohol concentration (BAC) is 0.08 or higher, or
  • They are impaired by alcohol, chemical substances, or controlled substances to the extent that their normal faculties are affected.

It’s important to understand that Florida’s law applies not only to residents but to anyone operating a vehicle within the state—including out-of-state visitors. Even if you hold a driver’s license from another state, Florida law governs your conduct while you’re driving here.

A DUI conviction in Florida carries serious penalties, including fines, driver’s license suspension, probation, community service, vehicle impoundment, and even jail time. For out-of-state drivers, these penalties can also follow you home under the Driver License Compact, which allows states to share driving-related convictions.

How an Out-of-State DUI Arrest Works in Florida

When an out-of-state driver is arrested for DUI, they’re treated just like any Florida resident in terms of the criminal process and administrative license suspension handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

After a DUI arrest, you typically receive a 10-day temporary driving permit. During that window, you must decide whether to contest the suspension through a formal review hearing or allow it to take effect. Missing that deadline can cause serious complications—especially if you live out of state. My office immediately files for that hearing to preserve your right to drive and to start building your defense.

In many cases, I can represent you in court without requiring you to return to Florida for every hearing. Florida law allows your attorney to appear on your behalf in certain misdemeanor DUI cases, which can save you time and travel expenses while ensuring your defense continues uninterrupted.

Why Out-of-State DUIs Are Especially Complicated

If you live in another state, a Florida DUI arrest affects more than your travel plans—it can impact your driving privileges at home. Through the Driver License Compact, most states (except a few, such as Michigan, Wisconsin, and Georgia) share conviction information. That means if you’re convicted in Florida, your home state’s DMV or BMV will likely impose its own suspension or penalties.

Additionally, a conviction will appear on your national driving record, which can affect your insurance rates and employment background checks. Some states even apply harsher penalties than Florida does once they receive notice of your conviction.

That’s why it’s essential to work with an Orlando DUI Defense Attorney who understands how to protect both your Florida record and your out-of-state driver’s license. I coordinate with clients’ local DMV authorities and ensure that every aspect of the case is handled to minimize its impact on your life and career.

The Penalties for DUI in Florida

Even for first-time offenders, a Florida DUI can have lifelong consequences. The penalties vary depending on your BAC level, whether a crash occurred, and whether anyone was injured. Here’s how the law defines the penalties under § 316.193:

  • First DUI offense: Up to 6 months in jail, fines between $500 and $1,000, and a 6-month license suspension.
  • Second DUI within five years: Up to 9 months in jail, fines up to $2,000, mandatory ignition interlock device, and a 5-year license revocation.
  • Third DUI within ten years: Felony offense with up to 5 years in prison and license revocation for 10 years.
  • DUI with serious bodily injury or death: Felony charges that can lead to years in prison and permanent license revocation.

For out-of-state drivers, even a first offense can result in your home state suspending your license once Florida reports the conviction. This can make daily life and employment extremely difficult—especially if you rely on your vehicle.

How I Defend DUI Charges for Out-of-State Drivers

Each case requires a tailored defense. When I represent an out-of-state driver accused of DUI in Orlando, my goal is to identify every weakness in the prosecution’s case and to limit your exposure to penalties—both in Florida and your home state.

Here’s what I focus on in these cases:

  1. Was the traffic stop lawful?
    Under the Fourth Amendment and Article I, Section 12 of the Florida Constitution, officers must have reasonable suspicion of a traffic violation or criminal activity before stopping you. If they lacked a valid reason, any evidence gathered after the stop could be suppressed.
  2. Were the field sobriety tests administered correctly?
    Field sobriety exercises are subjective and can be misinterpreted—especially for tired travelers or visitors unaccustomed to Florida’s heat or uneven roadside conditions. I evaluate video footage and officer reports for inconsistencies.
  3. Was the breath or blood test valid?
    Breathalyzer devices must be properly calibrated and maintained under strict Florida Administrative Code rules. If the machine wasn’t correctly maintained or the officer wasn’t certified, your BAC reading may be inadmissible.
  4. Did the officer properly advise you of your rights?
    Under Florida’s implied consent law (§ 316.1932), drivers must be informed of the consequences of refusing a chemical test. If this wasn’t done correctly, your license suspension could be challenged.
  5. Are there alternative resolutions available?
    In some cases, we can pursue plea negotiations to a lesser charge such as reckless driving (often called a “wet reckless”). For eligible clients, this can significantly reduce penalties and help protect their driving record.

Understanding Florida’s Implied Consent Law

When you drive in Florida—whether you live here or not—you consent to chemical testing if lawfully arrested for DUI. This is known as implied consent under § 316.1932, Florida Statutes.

If you refuse a breath, blood, or urine test, the officer will immediately seize your driver’s license and issue a notice of suspension. For a first refusal, your license will be suspended for one year; for a second refusal, the suspension is 18 months and can be used as evidence against you in court.

Out-of-state drivers often assume a refusal won’t affect their home license—but it usually does. Once Florida reports your refusal to your home state, that state may impose its own suspension under reciprocal agreements. That’s why consulting an Orlando DUI Lawyer promptly after arrest is critical.

How My Office Protects Out-of-State Drivers

I handle DUI cases throughout Orlando and Orange County, including the Orange County Courthouse on North Orange Avenue. My team ensures that your case proceeds smoothly even if you’ve already returned home. We can often handle many aspects of your defense remotely and, in many cases, appear in court for you.

My approach includes:

  • Filing all necessary motions within the strict Florida deadlines.
  • Reviewing arrest videos, body cam footage, and calibration logs.
  • Challenging illegal stops, improper testing, and procedural errors.
  • Negotiating for reduced charges or dismissal when possible.
  • Protecting your ability to drive in both Florida and your home state.

Being charged in another state can be intimidating, but my office works to make the process manageable while protecting your reputation, license, and future.

Why Choose Beryl Thompson-McClary for Your Orlando DUI Defense

Out-of-state DUI cases require a defense lawyer who knows Florida law inside and out and understands how to protect your interests across state lines. I have represented thousands of individuals charged with DUI and criminal offenses throughout Central Florida. My experience includes defending cases before both the criminal courts and the Florida Department of Highway Safety and Motor Vehicles.

When you hire my office, you get:

  • Personalized attention: I personally review every case and strategy.
  • Aggressive courtroom representation: I challenge evidence and procedure at every turn.
  • Communication: You’ll never be left wondering about your case status, even from another state.
  • Comprehensive support: From arrest through resolution, I handle every stage.

You deserve a defense that protects not just your license, but your livelihood and peace of mind. To discuss your case confidentially, call 1-888-640-2999 today.

What to Expect After a DUI Arrest in Orlando

The DUI process in Orange County typically includes several key stages:

  1. Arrest and booking – You’ll be taken to the Orange County Jail for processing.
  2. Administrative suspension – The officer will seize your license if your BAC was 0.08 or higher or if you refused testing.
  3. 10-day deadline – You must request a hearing within 10 days to contest the suspension.
  4. Arraignment – This is your first court appearance. In many cases, I can appear on your behalf.
  5. Pretrial phase – Motions are filed, evidence is reviewed, and negotiation discussions occur.
  6. Trial or resolution – Depending on the facts, your case may proceed to trial or be resolved through dismissal or plea reduction.

Throughout each stage, my office ensures deadlines are met and your rights are fully protected.

How a DUI Conviction Can Follow You Home

If you’re convicted of DUI in Florida, that record does not disappear when you leave the state. Under the Driver License Compact, your home state is notified of the conviction, and its DMV will likely impose similar or additional penalties.

This can mean losing your license at home even after you’ve completed your Florida suspension. It can also affect your insurance premiums and professional licensing. A conviction can even appear in background checks when applying for new employment.

Because of these long-term implications, I always explore every possible defense and resolution strategy to avoid or reduce a DUI conviction for my out-of-state clients.

How to Protect Yourself Right After an Out-of-State DUI Arrest

If you’ve been arrested for DUI in Orlando, here are immediate steps to take:

  • Contact a DUI Defense Lawyer right away. Do not wait until you get home. Your 10-day window to protect your license begins the day of your arrest.
  • Do not discuss your case with anyone except your attorney. Anything you say—even on social media—can be used by prosecutors.
  • Preserve all paperwork from your arrest, including the citation and temporary permit.
  • Write down everything you remember about the stop, testing, and officer statements. These details can become critical in your defense.
  • Do not ignore Florida court notices. Failing to appear can lead to a warrant and further penalties in your home state.

Florida Statutes That Commonly Affect Out-of-State DUI Drivers

  • § 316.193 – Defines DUI and establishes penalties.
  • § 316.1932 – Implied consent to testing for alcohol or drugs.
  • § 316.1933 – Authorizes blood tests in certain cases.
  • § 322.2615 – Outlines administrative suspension procedures.
  • § 322.24 – Governs the reciprocal enforcement of out-of-state suspensions and convictions.

These laws form the foundation of how out-of-state DUI cases are handled and why timely legal representation is so important.

Protecting Your Future Starts Now

You may be miles away from Florida, but your case is still active here. The sooner you take action, the more options you have to reduce or eliminate the consequences. I’ve helped countless drivers in your situation avoid license suspensions, keep their records clean, and return home without carrying the burden of a criminal conviction.

Call 1-888-640-2999 today to speak with me about your case. I handle DUI cases across Orlando and Orange County with precision, discretion, and commitment to protecting your future.

Frequently Asked Questions About Orlando DUI Defense for Out-of-State Drivers

What happens if I live in another state and I’m arrested for DUI in Florida?
If you’re arrested for DUI in Florida, your case will still be prosecuted under Florida law. You’ll face both criminal penalties and an administrative license suspension through the Florida DHSMV. Your home state will likely be notified of the arrest and conviction under the Driver License Compact, meaning you could face a suspension there as well. Hiring an Orlando DUI Defense Attorney allows you to protect your rights without having to travel for every court appearance.

Can my Florida DUI affect my driver’s license back home?
Yes. Most states share DUI convictions, so your home DMV will typically impose the same or similar penalties. For example, if Florida suspends your license for six months, your home state may mirror that suspension. An experienced DUI Lawyer in Orlando can help minimize the consequences and work to prevent your home state from taking additional action.

Will I have to appear in court in Florida?
In many misdemeanor DUI cases, your lawyer can appear on your behalf for most hearings. Florida law allows out-of-state defendants to be represented through counsel if certain paperwork is completed. However, if your case goes to trial or involves serious injuries, your appearance may be required. My office works to minimize your travel while ensuring your defense remains active and effective.

Can I get a hardship license if I’m not a Florida resident?
Out-of-state drivers are typically not eligible for a Florida hardship license. However, by contesting the suspension within the 10-day window, you may be able to maintain your driving privileges while your case proceeds. I handle these hearings for out-of-state clients to prevent automatic suspensions whenever possible.

What should I do immediately after a DUI arrest in Orlando?
You should contact a DUI Attorney in Orlando immediately to protect your rights and file for a formal review hearing. Do not wait until you return home—your case clock starts ticking at the moment of arrest. Preserve all documentation, avoid discussing your case publicly, and provide your lawyer with every detail of what happened.

Can a Florida DUI be reduced or dismissed?
Yes, depending on the facts. In some cases, we can challenge the legality of the stop, the reliability of breath test results, or procedural violations. If successful, charges can be reduced to reckless driving or even dismissed entirely. Each case is unique, but a strong defense can often change the outcome dramatically.

What if I refuse the breath test?
Refusing a breath or blood test under Florida’s implied consent law results in an immediate license suspension—one year for the first refusal and 18 months for subsequent ones. The refusal can also be used as evidence against you in court. However, a lawyer may be able to challenge whether the officer properly explained the implied consent warning.

How long does a Florida DUI stay on my record?
A DUI conviction in Florida is permanent—it cannot be sealed or expunged. That’s why it’s so important to fight the charge before conviction. Avoiding a conviction through dismissal or reduction to a lesser charge can make a major difference for your record and future employment.

Can I just pay a fine and move on?
No. A DUI is a criminal charge, not a traffic citation. Paying a fine means pleading guilty and accepting a permanent criminal record. It’s crucial to consult an Orlando DUI Lawyer before making any decisions that could affect your future.

What makes defending out-of-state DUI cases different?
The coordination between states adds complexity. Florida reports convictions and suspensions to your home state, and your home DMV may impose its own sanctions. A local lawyer who understands this process can prevent overlapping penalties and help you resolve the matter efficiently.

Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Protect your rights, your driver’s license, and your future. Whether you were visiting Orlando for vacation, business, or just passing through, you deserve a defense that keeps you informed and in control—even from another state. My office stands ready to guide you through every step of your DUI case in Florida with the dedication and discretion you deserve.

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Do You Lose Your License Immediately After a DUI in Florida?

Do You Lose Your License Immediately After a DUI in Florida?

What Every Driver in Orlando Should Know About License Suspensions, Hearings, and Your Legal Rights

When people in Orlando are stopped and arrested for driving under the influence, one of the first questions they ask me is: “Do I lose my driver’s license right away?” The answer is not as simple as many think. Florida’s DUI laws are strict, but they also provide specific procedures and limited rights that can make the difference between keeping your driving privilege and losing it for months or even years.

I’m Attorney Beryl Thompson-McClary, an Orlando DUI Defense Lawyer representing clients throughout Orange County, Florida, including Winter Park, Apopka, and Maitland. For over three decades, I’ve defended good people who made mistakes or were wrongly accused of DUI. My law office handles every aspect of these cases—from challenging the traffic stop and breath test results to protecting your driver’s license before the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

If you’ve been arrested for DUI, do not wait. The state’s license suspension process starts immediately, often before you ever see a judge. Call 1-888-640-2999 to schedule a consultation with me. You deserve someone who understands the law, the local courts, and how to fight for your ability to drive and work.

Understanding What Happens After a DUI Arrest in Orlando

When you are arrested for DUI in Florida, the process begins the moment you are taken into custody. Under Florida Statutes § 316.193, a DUI arrest occurs when an officer believes you were driving or in actual physical control of a vehicle while your normal faculties were impaired by alcohol or drugs, or when your blood-alcohol concentration (BAC) is 0.08% or higher.

The arresting officer will confiscate your driver’s license if you either:

  1. Refused a breath, blood, or urine test under Florida’s implied consent law, or
  2. Took the test and registered a BAC of 0.08% or above.

From that point forward, you are facing two separate legal actions:

  • A criminal case, which determines guilt and potential penalties such as jail or probation, and
  • An administrative license suspension handled by the DHSMV.

The administrative suspension happens automatically, even if your criminal case has not yet been resolved. That’s why you need to act fast—because your right to drive is on the line before your court date ever arrives.

The 10-Day Rule: Your Immediate Window to Fight the Suspension

Florida law gives you only ten calendar days from the date of your arrest to request a Formal Review Hearing with the DHSMV. This is a crucial step that most drivers don’t realize exists until it’s too late.

If you fail to request this hearing within ten days, your suspension becomes effective automatically—without any chance to challenge it. That means your license will remain suspended for the full duration specified by law.

When my office represents you, I immediately file the petition for review and secure a temporary driving permit (also known as a “Business Purpose Only” permit). This allows you to legally drive to work, school, medical appointments, and essential errands while your case is pending.

That small action—requesting the hearing—can make an enormous difference in your daily life. It also gives us a chance to cross-examine the arresting officer, challenge the validity of the stop, and expose flaws in the chemical test or procedure.

Florida’s Implied Consent Law and Administrative Suspensions

Under Florida Statutes § 316.1932, every person who accepts the privilege of driving in Florida is deemed to have given “implied consent” to chemical testing if lawfully arrested for DUI. Refusing a breath, blood, or urine test has automatic administrative consequences:

  • First refusal: 1-year license suspension.
  • Second or subsequent refusal: 18-month suspension and potential criminal charge for refusal.

If you submit to testing and your BAC is 0.08% or higher, the suspension periods differ slightly:

  • First offense: 6-month suspension.
  • Second or subsequent offense: 1-year suspension.

These administrative penalties are independent of any criminal court penalties. Even if your DUI charge is reduced or dismissed, the administrative suspension can still remain unless successfully challenged.

As your Orlando DUI Defense Lawyer, I focus on both sides of the process. Many attorneys overlook the administrative hearing entirely, but I treat it as an essential opportunity to protect your license and gather evidence early in the case.

What Happens to Your Driver’s License After the Arrest

Immediately after the officer takes your physical license, you’ll receive a Notice of Suspension. This document acts as a temporary driving permit for 10 days. During that period, you may continue to drive legally anywhere in Florida.

Those ten days are your window to act. If you request a formal review hearing within that time, you’ll usually receive a temporary permit good for approximately 45 days while your hearing is scheduled.

At the hearing, the DHSMV hearing officer will consider the following:

  1. Whether the officer had probable cause to believe you were driving under the influence.
  2. Whether you were lawfully arrested.
  3. Whether you refused testing after being informed of the consequences, or whether your BAC was 0.08% or above.

If the hearing officer finds the suspension valid, it will go into effect for the statutory period. But if we win, your full license is reinstated immediately.

Temporary Permits and Hardship Licenses in Florida

If your suspension is upheld, you may still qualify for a hardship license under Florida Statutes § 322.271. A hardship license allows you limited driving privileges for work, school, or business purposes.

To apply, you must:

  • Enroll in or complete a DUI Level I or II school approved by the state.
  • Pay the reinstatement and administrative fees.
  • Complete the application through a DHSMV Bureau of Administrative Reviews office.

However, if you refused chemical testing, you will not be eligible for a hardship license during the first 90 days of suspension. For second refusals, you are ineligible entirely for hardship reinstatement.

My office helps clients determine their eligibility, complete required documentation, and prepare for the DHSMV interview to maximize the chance of approval.

How Florida Statute § 316.193 Defines DUI and Its Penalties

The core of Florida’s DUI law is § 316.193, which outlines what constitutes the offense and its penalties:

“A person is guilty of the offense of driving under the influence… if the person is driving or in actual physical control of a vehicle and is under the influence of alcoholic beverages, any chemical substance… or any controlled substance, when affected to the extent that the person’s normal faculties are impaired, or has a blood-alcohol level of 0.08 or more grams per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams per 210 liters of breath.”

First-time offenders face up to 6 months in jail, a fine between $500 and $1,000, and license revocation of 180 days to 1 year. For a second DUI, penalties include up to 9 months in jail, higher fines, mandatory ignition interlock, and longer revocation periods.

However, the license suspension imposed administratively can overlap with, or extend beyond, the court-ordered suspension—another reason to have an experienced DUI Attorney in Orlando handle both tracks of your case simultaneously.

Why Timing and Representation Matter

DUI law is one of the few areas where deadlines move faster than most people realize. Ten days can pass in a blur, especially after the stress of an arrest, vehicle impoundment, or a night in jail. Missing that window often means automatic suspension, even if your case later collapses in court.

As your Orlando DUI Defense Lawyer, I take immediate action:

  • File the hearing request within the 10-day limit.
  • Obtain the temporary driving permit.
  • Gather discovery from the state, including dash-cam and body-cam footage.
  • Examine whether the officer’s initial stop or detention was lawful.
  • Challenge the accuracy and maintenance records of the breathalyzer.

Every one of these steps can uncover a procedural flaw that undermines the state’s case. I have successfully argued countless cases in Orange County courts where breath tests were thrown out or refusals were deemed unlawful because the officer’s warning was incomplete or misleading.

Common Scenarios That Affect Your License Status

  1. You Blew Over 0.08%:
    Your license is immediately suspended for six months, but you can request the DHSMV hearing within ten days to contest it. You remain eligible for a hardship permit after 30 days if you lose the hearing.
  2. You Refused Testing:
    Your license is immediately suspended for one year for a first refusal, or 18 months for a second. Hardship eligibility is delayed by 90 days for a first refusal and denied entirely for subsequent refusals.
  3. You Hold a Commercial Driver’s License (CDL):
    A DUI arrest triggers immediate disqualification of your CDL, even if you were driving your personal vehicle. Florida law is unforgiving toward commercial drivers under § 322.64, and reinstatement requires special handling.
  4. Underage Drivers:
    For those under 21, Florida’s “zero-tolerance” law under § 322.2616 imposes an automatic six-month suspension for any BAC of 0.02% or higher. A refusal carries a one-year suspension, regardless of criminal outcome.

Each of these scenarios requires a different defense strategy. My goal is always to preserve your driving privilege wherever possible, while also fighting to protect your criminal record and professional future.

Building a Defense That Protects Your License and Your Future

A DUI arrest can feel overwhelming, but it does not have to define your life. My approach begins with listening—understanding the circumstances of your stop, your background, and what’s at stake for you personally. From there, I create a tailored defense plan that targets the weaknesses in the state’s evidence.

I analyze whether:

  • The officer had legal grounds to stop your vehicle.
  • Field sobriety exercises were conducted properly.
  • You were informed of implied consent rights.
  • The breath or blood test equipment was properly calibrated and maintained.
  • Any medical or environmental conditions could have affected the results.

When appropriate, I negotiate for reduced charges such as reckless driving (“wet reckless”), which carries lesser penalties and often avoids a full license suspension. In other cases, I fight the evidence head-on in trial, particularly where the state cannot prove impairment beyond a reasonable doubt.

The Importance of Local Knowledge in Orlando DUI Cases

Orlando and greater Orange County operate under specific local procedures that differ slightly from neighboring jurisdictions. The Orange County State Attorney’s Office has particular policies regarding first-offense DUI diversion eligibility, discovery timelines, and plea structures.

Having practiced extensively in these courts, I understand how local judges and prosecutors approach these cases. I know which arguments carry weight, which officers frequently appear in hearings, and how to position your case for the most favorable result.

When you hire me as your DUI Attorney in Orlando, you gain not just knowledge of the law but the relationships and insight that come from years inside these courtrooms. That local experience often makes the difference between a conviction and a clean record.

How to Protect Yourself Immediately After a DUI Arrest

If you have been arrested or cited for DUI in Orlando or anywhere in Orange County, here’s what you should do immediately:

  • Secure legal counsel before the 10-day deadline expires.
  • Avoid driving once your temporary permit expires unless you’ve been issued a new one.
  • Enroll in DUI school early if you intend to apply for a hardship license.
  • Keep every document you receive from the police and court; these contain crucial dates and numbers.
  • Do not discuss your case on social media or with friends who may later be called as witnesses.

My office manages all of these logistics for clients. You will never face the DHSMV hearing or court appearance alone. We will walk through the process together and ensure that your rights are protected every step of the way.

Why Clients Choose Orlando DUI Attorney Beryl Thompson-McClary

I’ve defended thousands of DUI cases over my career—ranging from first offenses to serious felony DUIs involving injury. Clients choose my firm because I take a hands-on approach to every case, not just reviewing files but personally attending hearings and questioning officers.

My commitment is simple: treat every client’s case like it’s the most important one in the room—because for you, it is. I understand how vital your driver’s license is for work, family, and freedom. Whether you’re a college student, a medical professional, or a commercial driver, losing your license can disrupt everything.

You deserve an advocate who fights hard, acts quickly, and knows the Orlando court system inside and out. Call my office today at 1-888-640-2999 to schedule a confidential consultation. We handle DUI defense across all of Orange County and surrounding areas.

Frequently Asked Questions About Losing Your License After a DUI in Florida

Will I lose my license the night of my DUI arrest?
Yes, if you either refused testing or registered a BAC of 0.08% or higher, the officer will seize your physical license that night and issue a 10-day temporary driving permit. This means your license is technically suspended, but you may still drive during those ten days. The key is to request a DHSMV hearing before that temporary period expires. Once that deadline passes, your suspension becomes final without review.

Can I still drive to work after a DUI in Orlando?
Yes, in many cases. If you request a formal review hearing within ten days, you can obtain a temporary driving permit that allows limited travel to work, school, or essential errands. If your suspension is upheld later, you may still qualify for a hardship license after completing DUI school and meeting other eligibility requirements. An experienced Orlando DUI Defense Lawyer can help you apply and ensure all paperwork is properly submitted.

What happens if I miss the 10-day deadline?
Missing the ten-day window eliminates your right to challenge the suspension. You’ll serve the full administrative suspension period—six months for blowing over 0.08%, or one year for refusing the test. During that time, you cannot legally drive unless you qualify for and obtain a hardship license. This is why immediate legal help is essential after any DUI arrest in Florida.

Does winning my criminal case restore my license?
Not necessarily. The administrative suspension by the DHSMV is completely separate from the criminal court case. Even if your DUI charge is dropped or reduced, your license will remain suspended unless the DHSMV hearing officer formally overturns the suspension. However, your attorney can use the outcome of one case to strengthen your position in the other.

Can I refuse the breath test and avoid giving evidence?
While you have the right to refuse, doing so carries its own penalties. A first refusal triggers a one-year license suspension; a second refusal results in an 18-month suspension and can be prosecuted as a separate misdemeanor. Additionally, prosecutors may argue that your refusal shows consciousness of guilt. Each case is unique, so your Orlando DUI Defense Lawyer should carefully evaluate whether a refusal defense benefits your situation.

How long will my license be suspended after a DUI conviction?
For a first conviction, expect a suspension between 180 days and one year under § 322.28. A second conviction can lead to a five-year revocation, and a third within ten years results in a ten-year revocation. Felony DUIs or DUIs involving death may lead to permanent revocation. These penalties may run concurrently with or separately from administrative suspensions.

Is it possible to completely avoid a suspension?
Yes, in limited cases. If we win the DHSMV hearing or secure a dismissal of your DUI charge before the suspension becomes final, your full driving privileges can be restored. Additionally, if the officer made procedural mistakes—such as failing to properly advise you of implied consent or conducting an unlawful stop—your suspension can be invalidated.

What if I’m not a Florida resident but was arrested in Orlando?
Out-of-state drivers face license suspensions reported to their home states under the Driver License Compact, which most states participate in. That means a Florida suspension can affect your driving status back home. It’s critical to retain a local DUI Attorney in Orlando to handle the administrative hearing promptly to minimize out-of-state consequences.

Can I get my license reinstated early?
Early reinstatement depends on eligibility. If you complete DUI school and demonstrate genuine rehabilitation, you can apply for reinstatement once the minimum suspension period has passed. The DHSMV will require proof of completion and may impose ignition interlock or monitoring requirements depending on your case history.

What should I do right now if I’ve been arrested for DUI in Orlando?
Act immediately. Contact my office within 10 days of your arrest to preserve your right to a hearing and your ability to drive legally. I will review your arrest documents, request the DHSMV hearing, and guide you through both the administrative and criminal processes. Every day you wait reduces your legal options. Call 1-888-640-2999 to schedule your consultation today.

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, your license—and your future—are at risk from the very first day. Don’t wait until the suspension takes effect. 

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Will I Go to Jail for a DUI in Orlando, Florida?

Will I Go to Jail for a DUI in Orlando, Florida?

Understanding Jail Time, Penalties, and Defense Options From an Experienced Orlando DUI Defense Lawyer

Facing a DUI Charge in Orlando: What You Need to Know

Orlando is a vibrant city known for its theme parks, nightlife, and constant movement of residents and visitors alike. With so much activity, law enforcement officers in Orange County keep a close eye on the roads for impaired drivers. If you are stopped and arrested for driving under the influence (DUI) in Orlando, one of the first fears that often arises is: Will I go to jail for this?

As an Orlando DUI Defense Lawyer, I’ve represented hundreds of people who never thought they’d be in this position. Many were good people who made a single mistake or were unfairly accused because of flawed testing or assumptions. My name is Attorney Beryl Thompson-McClary, and for decades, I’ve fought to protect the rights, freedom, and future of people just like you across Orange County, Florida.

If you’re facing a DUI, the risk of jail time depends on several factors — your prior record, the level of impairment alleged, and whether anyone was injured or property was damaged. The good news is that not everyone convicted of DUI serves jail time. With a strong defense, it’s often possible to avoid incarceration, reduce charges, or even have your case dismissed.

If you’ve been arrested for DUI in Orlando, call 1-888-640-2999 to schedule a confidential consultation with me, Attorney Beryl Thompson-McClary. I handle DUI cases throughout Orange County, including Orlando, Winter Park, Apopka, Ocoee, and surrounding areas.

How Florida Defines DUI Under State Law

Under Florida Statutes §316.193, a person commits the offense of driving under the influence if they are in actual physical control of a vehicle and:

  1. Their normal faculties are impaired by alcohol or a controlled substance; or
  2. Their blood-alcohol concentration (BAC) is 0.08% or higher.

The key element is impairment. Prosecutors can rely on BAC results, officer observations, or field sobriety exercises to try to prove their case. However, “impairment” is subjective — and that’s where your defense begins.

Many DUI arrests in Orlando result from routine traffic stops near entertainment areas such as International Drive, Downtown Orlando, or around the UCF campus. Officers often claim signs of impairment such as slurred speech, red eyes, or unsteady balance. Yet these observations can have other explanations — fatigue, allergies, or stress.

When you hire me, I review every detail of your stop, arrest, and testing process to determine whether your rights were violated or the evidence was improperly gathered.

When Jail Time Becomes a Real Possibility

Whether you go to jail for a DUI in Florida depends largely on your prior history and the specifics of the incident. Florida law sets strict minimums and maximums for DUI penalties, including potential incarceration.

First DUI Offense – Possible Jail but Often Avoidable

For a first-time DUI, Florida law allows up to six months in jail. If your BAC was 0.15% or higher, or if a minor was in the vehicle, the maximum increases to nine months.

However, jail is not mandatory for a first DUI unless certain aggravating factors exist. Judges in Orange County often consider alternatives such as probation, DUI school, community service, and license suspension in lieu of jail time — especially when your defense attorney can demonstrate your good record and commitment to rehabilitation.

Second DUI Offense – Increased Risk of Jail

If you are convicted of a second DUI within five years, the law requires a minimum of 10 days in jail, with up to nine months possible. If your BAC was over 0.15% or a minor was in the car, the potential jail sentence increases to 12 months.

A second DUI also carries a five-year driver’s license revocation and the requirement of an ignition interlock device for at least one year.

Third DUI Offense – Felony Territory

A third DUI within 10 years is a third-degree felony under §316.193(2)(b), punishable by up to five years in prisonand a 10-year license revocation. Even if the third offense occurs outside the 10-year window, you still face up to 12 months in jail.

DUI with Serious Injury or Death – Mandatory Prison

When a DUI causes serious bodily injury, it becomes a third-degree felony, carrying up to five years in prison and a $5,000 fine.
If someone dies, the offense becomes DUI Manslaughter, a second-degree felony with a mandatory minimum of four years in prison and a maximum of 15 years.

These are life-changing outcomes — but many cases that begin with serious accusations are successfully reduced or dismissed with a proper defense strategy.

Understanding the Arrest and Booking Process in Orlando

If you are arrested for DUI in Orlando, you’ll likely be booked at the Orange County Jail on West Colonial Drive. After processing, you may be held until your blood-alcohol level falls below 0.08 or until you appear before a judge.

During this time, law enforcement collects evidence, and prosecutors begin building their case. Acting quickly after your release is critical. The sooner I can intervene, the sooner I can protect your license, request your DMV hearing, and begin identifying weaknesses in the State’s case.

The DMV Hearing and Your Right to Drive

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 10 days from the date of arrest to request a formal review hearing with the DMV to challenge your license suspension. Failing to act in time results in automatic suspension — even if your criminal charges are later dropped.

I personally handle DMV hearings for my clients across Orange County, presenting evidence to contest the suspension and preserve your ability to drive to work, school, or care for your family.

Building a Defense: How an Orlando DUI Defense Lawyer Protects You

A strong DUI defense depends on investigating every stage of your arrest and exposing errors or violations of your rights. Here are some of the strategies I use:

Challenging the Traffic Stop

Officers must have a lawful reason — such as speeding, swerving, or running a red light — to initiate a traffic stop. If the stop was unlawful, any evidence gathered afterward may be suppressed.

Questioning Field Sobriety Tests

Field tests such as the walk-and-turn or one-leg stand are highly subjective and prone to error. Medical conditions, uneven pavement, or improper instructions can all affect results.

Attacking the Breath or Blood Test

Florida’s Implied Consent Law (§316.1932) allows officers to request a breath or blood test. But the machines must be properly calibrated and maintained. I regularly subpoena maintenance logs and operator certifications to expose testing flaws.

Examining Video Evidence

Most DUI arrests in Orlando are recorded by body or dash cameras. I carefully review footage to determine if officer statements match the video and whether you appeared impaired.

Negotiating with Prosecutors

Even when evidence appears strong, early negotiation and mitigation can often reduce DUI charges to reckless driving — known as a “wet reckless” — which avoids a mandatory conviction and may eliminate jail time.

Why Choose Attorney Beryl Thompson-McClary

I have represented clients in Orlando, Winter Park, Maitland, Apopka, Ocoee, and all of Orange County for decades. My approach is personal and direct — I don’t pass your case off to a junior attorney. You’ll work directly with me from start to finish.

I am known for aggressive defense strategies, attention to procedural flaws, and compassion toward clients facing one of the most stressful experiences of their lives. Every case is different, and I treat each client with dignity and respect, while fighting relentlessly for the best possible outcome.

When you’re facing DUI charges, you need more than advice — you need a plan. Call 1-888-640-2999 today to schedule a confidential consultation and begin building your defense.

Florida’s Penalties Beyond Jail: What You’re Really Facing

Even if jail is avoided, a DUI conviction brings other serious consequences that can affect your life for years.

  • Fines: $500 to $1,000 for a first offense, up to $5,000 for multiple offenses.
  • License Suspension: 180 days to one year for a first conviction.
  • Probation: Up to one year, often including DUI school and counseling.
  • Community Service: Minimum of 50 hours for a first offense.
  • Vehicle Impoundment: 10 days for a first conviction, 30 days for subsequent offenses.
  • Ignition Interlock Device: Mandatory for repeat offenders or BAC above 0.15%.

These penalties are severe, but every DUI case has unique circumstances. An experienced defense attorney can often negotiate for reduced penalties or alternative programs that help you avoid a permanent criminal record.

Case Example: Avoiding Jail Through Defense Strategy

One of my clients was stopped near downtown Orlando after leaving a business dinner. He performed poorly on field sobriety tests, but there was no video evidence. The officer claimed he “smelled alcohol” and noted “bloodshot eyes.”

After examining the evidence, I found inconsistencies in the arrest report and demonstrated that my client had an eye condition and fatigue from long work hours. I also discovered the breathalyzer machine had calibration issues during that month. The prosecutor agreed to reduce the charge to reckless driving with no jail time.

Every case requires this kind of detailed analysis and advocacy to prevent unfair convictions and unnecessary incarceration.

Protecting Your Record and Future

A DUI conviction cannot be sealed or expunged in Florida. That means it stays on your record permanently. Avoiding a conviction is therefore crucial to protecting your career, professional license, and reputation.

With early intervention, it’s often possible to enter a diversion program, negotiate a lesser charge, or present strong evidence at trial to secure a not-guilty verdict.

If you or someone you care about has been arrested for DUI in Orlando, don’t wait to take action. Every hour counts after an arrest.

Frequently Asked Questions About Jail and DUI Charges in Orlando

Can I go to jail for a first DUI in Orlando even if my record is clean?
Yes, jail is legally possible, but not mandatory for a first offense. The judge has discretion. If there were no aggravating factors like an accident or a high BAC, your attorney can often argue for probation and community service instead. I have helped many first-time offenders avoid jail through negotiation and early compliance with court-ordered programs.

How much time will I spend in jail if I’m convicted?
For a first DUI, the maximum is six months. For a second within five years, the minimum is 10 days, with up to nine months possible. Felony DUIs can result in years in prison. However, many sentences are suspended or converted to probation with proper defense advocacy.

Will my driver’s license be taken away right after the arrest?
Usually, yes. The officer will seize your license and issue a temporary permit valid for 10 days. During that time, you must request a DMV hearing to challenge the suspension. I handle these hearings for my clients to help preserve their driving privileges.

Can I avoid a DUI conviction completely?
Yes, it’s possible. Many cases are dismissed because of improper traffic stops, faulty testing, or insufficient evidence. Others are reduced to reckless driving or another non-DUI offense. The key is early intervention and skilled defense work.

What if I refused the breath test?
Refusing a breath test triggers an automatic license suspension under Florida’s Implied Consent Law. However, the refusal itself can sometimes make the prosecution’s case weaker. I examine whether the officer properly advised you of the consequences before the refusal — if not, we may be able to challenge the suspension.

Can I get probation instead of jail time?
Yes. For most first and second offenses without injuries, probation is common. Conditions usually include DUI school, community service, counseling, and court costs. Completing these successfully can often help avoid incarceration.

What should I do immediately after being released from jail?
Call a DUI attorney right away. The first 10 days are critical for protecting your license and building a defense. Do not speak with law enforcement or the prosecutor without legal representation. My office will handle the communications and legal deadlines for you.

Will a DUI conviction affect my job or professional license?
It can. Employers and licensing boards in fields such as healthcare, education, and commercial driving take DUI convictions seriously. Avoiding a conviction is crucial to preserving your career. I routinely represent licensed professionals in these situations.

Can I represent myself in court?
Technically, yes, but it’s strongly discouraged. Florida’s DUI laws are complex, and prosecutors are experienced in securing convictions. A qualified DUI Attorney in Orlando knows the procedures, evidence rules, and defenses necessary to achieve favorable outcomes.

How long will a DUI stay on my record?
Forever. A DUI conviction cannot be expunged or sealed under Florida law. That’s why avoiding a conviction is one of the most important goals in your case.

Take Immediate Action Before It’s Too Late

If you’re facing a DUI charge in Orlando or anywhere in Orange County, remember — what you do next will determine your future. The prosecution is already preparing its case. You should too.

I’m Attorney Beryl Thompson-McClary, and I have dedicated my career to protecting individuals accused of DUI across Central Florida. My team and I know how to expose weak evidence, protect your rights, and fight for your freedom.

Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
You do not have to face this alone. The sooner we begin working on your defense, the stronger your case will be.

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DUI and Refusal to Blow in Florida

What Happens if You Say No to a Breath Test?

What Happens if You Say No to a Breath Test?

As an Orlando DUI Defense Lawyer, I’ve seen how quickly a traffic stop in Central Florida can turn into a life-changing event. Orlando, with its constant flow of visitors and residents navigating I-4, Colonial Drive, and the busy downtown nightlife, is heavily patrolled for suspected impaired driving. Officers in Orange County are trained to spot “signs of impairment,” and one of the most critical moments during a DUI stop occurs when the officer asks a driver to take a breath test.

If you’re facing a DUI charge and refused to blow into a breathalyzer, you’re not alone—and you need to understand what that refusal means under Florida law. My name is Attorney Beryl Thompson-McClary, and I’ve represented hundreds of clients accused of DUI throughout Orange County, Florida, including those who refused to submit to a chemical test. The stakes are high: a refusal can lead to automatic license suspension, increased penalties, and in some cases, even separate criminal charges.

I handle these cases personally and with a clear focus on protecting your license, your record, and your future. If you or someone you love has been arrested for DUI or refusal to blow, call 1-888-640-2999 to schedule a consultation. I am here to explain your rights and build a defense based on the facts, not assumptions.

What the Law Says About Refusing a Breath Test in Florida

Under Florida Statute §316.1932, also known as the Implied Consent Law, anyone who drives on Florida’s public roads is considered to have given consent to a breath, blood, or urine test if lawfully arrested for DUI. The officer must have probable cause to believe you were driving or in actual physical control of a vehicle while under the influence of alcohol or drugs.

If you refuse to take the test, the officer is required to read the Implied Consent Warning. This statement informs you that refusal will result in the immediate suspension of your driver’s license for one year for a first refusal, or eighteen monthsfor a second or subsequent refusal. The officer will then confiscate your license on the spot and issue a temporary permit valid for ten days.

What many drivers don’t realize is that Florida’s implied consent law makes a second or subsequent refusal a misdemeanor offense under §316.1939, punishable by up to one year in jail and a fine of up to $1,000. That means even if you avoided a DUI conviction before, refusing again can lead to criminal penalties on top of the administrative suspension.

Understanding Probable Cause and the Officer’s Role

Before an officer can request a breath test, they must establish probable cause that you were impaired. This determination often relies on several factors: erratic driving, odor of alcohol, slurred speech, or poor performance on roadside field sobriety exercises. However, probable cause is subjective and often flawed.

In my years of practice as a DUI Attorney in Orlando, I’ve seen countless cases where officers overreached, misinterpreted medical conditions, or made assumptions based on fatigue or nervousness. In some instances, I have successfully challenged the legality of the traffic stop itself, leading to the dismissal of both the DUI charge and the refusal penalty.

The officer’s failure to properly explain the implied consent warning or to lawfully conduct the stop can make the refusal invalid. These details matter, and they can make the difference between conviction and dismissal.

The Immediate Administrative Consequences

When a driver refuses to blow, two separate cases begin immediately:

  1. The criminal DUI case, handled in the Orange County criminal court.
  2. The administrative license suspension case, managed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

If you do not request a formal review hearing within ten days of your arrest, your license will remain suspended automatically. I regularly assist clients in filing these requests and presenting evidence to challenge the suspension. This hearing is your only chance to contest whether the officer had legal grounds to arrest you and whether the refusal was valid.

Even if you lose the hearing, you may qualify for a hardship license—but only if you act quickly and meet the eligibility requirements. Timing is critical, and many drivers lose this opportunity simply because they did not have a lawyer guiding them in the days after their arrest.

What Happens in Court After a Refusal

The prosecutor will argue that your refusal to submit to a breath test shows “consciousness of guilt.” Under §316.1932(1)(a)1.a., your refusal can be admitted as evidence against you at trial. The prosecution may claim that an innocent person would have no reason to refuse the test.

However, in reality, there are many legitimate reasons a person might say no: distrust of the testing equipment, fear of an inaccurate result, anxiety, or confusion about their rights. It is not illegal to assert your rights or to remain silent during questioning, but the refusal must be handled carefully to avoid additional penalties.

As your attorney, I can cross-examine the arresting officer to highlight inconsistencies in the police report, improper procedures, or lack of probable cause. I also examine whether the officer’s video footage supports their version of events. When the evidence doesn’t align with the law, I will move to suppress it.

Defenses in a DUI Refusal Case

Every case is unique, but there are several powerful defenses that can be used when a client is accused of refusing a breath test. Some of the most effective strategies include:

1. The Stop Was Unlawful
If the officer lacked a valid reason to pull you over, any evidence obtained afterward—including the refusal—can be thrown out. For example, weaving within a single lane or driving slightly under the speed limit may not constitute reasonable suspicion.

2. The Warning Was Not Properly Given
The officer must clearly inform you of the consequences of refusal. If the implied consent warning was rushed, incomplete, or unclear, the refusal may be ruled invalid.

3. You Did Not Actually Refuse
Sometimes officers record a refusal even when a driver attempts to comply but cannot complete the test due to medical or equipment issues. If you tried to blow but the machine malfunctioned, I can subpoena the breathalyzer maintenance records to prove it.

4. No Probable Cause to Arrest
Even if you appeared unsteady or nervous, that alone may not establish probable cause. Medical conditions, fatigue, or environmental factors can mimic intoxication symptoms.

5. Lack of Actual Physical Control
If you were parked, sleeping, or not operating the vehicle at the time, you may not meet the definition of “actual physical control” under Florida Statute §316.193.

By focusing on these weaknesses, I have successfully reduced or dismissed charges for many clients accused of DUI and refusal to blow.

Why a Refusal Can Sometimes Help Your Case

Although a refusal has serious consequences, it also deprives prosecutors of one of their strongest pieces of evidence: a BAC result. Without a numerical reading, the state must rely on officer testimony, dashcam footage, and field sobriety test results. Those can often be challenged successfully.

In some cases, refusing the test can actually make the state’s burden of proof much heavier. I’ve used this fact to negotiate reduced charges, avoid convictions, or secure dismissals in Orange County courts. Every case must be evaluated individually, but a refusal doesn’t automatically mean conviction—it just changes the playing field.

How I Approach DUI Refusal Cases

As your Orlando DUI Defense Lawyer, my approach is personal and strategic. I start by reviewing every piece of evidence, including the traffic stop video, bodycam footage, and breathalyzer maintenance logs. I assess whether the officer’s actions were legal at every step.

I also focus on protecting your license and your livelihood. Many clients are professionals, students, or parents who cannot afford to lose their driving privileges. Whether it’s challenging the administrative suspension or fighting the criminal case in court, I take an aggressive and detailed approach aimed at protecting your record and minimizing damage to your future.

Why Choose Attorney Beryl Thompson-McClary

With years of experience defending DUI cases across Orlando and Orange County, I understand both the courtroom process and the local law enforcement culture. I have earned the respect of judges and prosecutors by being prepared, professional, and relentless in protecting my clients’ rights.

Choosing the right attorney can make the difference between conviction and dismissal. I don’t delegate your defense to junior associates—you will work directly with me. I analyze the facts, challenge the legality of the arrest, and stand by you from the first court date to the final hearing.

If you’re facing a DUI charge or have refused a breath test, call 1-888-640-2999 to schedule a consultation. I will review your case in detail and explain your options clearly and honestly.

The Long-Term Consequences of Refusal

A DUI refusal affects more than your license. It can also impact future employment, insurance rates, and your criminal record. Florida law allows prior refusals to be used against you if you are arrested again, which can increase penalties significantly.

For repeat offenders, the state may charge a second refusal as a first-degree misdemeanor. That means jail time, probation, community service, and mandatory substance abuse counseling. A conviction also counts as a prior offense for any future DUI cases, increasing fines and potential incarceration.

Even a first refusal carries a heavy administrative burden. Without quick legal action, you could lose your license for an entire year, leaving you unable to drive to work or school. These are the real-world consequences that I help clients avoid every day.

The Importance of Acting Quickly After a DUI Refusal

Florida’s ten-day deadline for requesting a formal review hearing is one of the most critical timelines in DUI defense. Once that window closes, your license suspension automatically takes effect. Acting fast gives me the opportunity to contest the suspension, request discovery, and begin shaping your defense strategy before the prosecution builds its case.

The sooner you contact my office, the stronger your defense will be. My team and I immediately begin collecting evidence, interviewing witnesses, and preserving key records that could prove your rights were violated.

You only get one chance to handle this correctly—don’t let lost time make the situation worse. Call 1-888-640-2999today.

What to Expect from the Court Process in Orange County

After your arrest, you will receive a court date in the Orange County Courthouse in downtown Orlando. The case will move through several stages: arraignment, pre-trial conferences, and possibly a trial. I represent clients at every stage, ensuring that your rights are protected and your defense is fully presented.

In many cases, I can appear on your behalf so that you don’t have to miss work or school. My goal is to resolve your case with minimal disruption to your life, whether that means negotiating for reduced penalties or fighting for full dismissal.

How a DUI Refusal Affects Future Driving Privileges

A refusal becomes part of your permanent driving record with the DHSMV. This record can influence any future license reinstatement, insurance rates, or subsequent traffic stops. Insurance carriers may treat a refusal as equivalent to a DUI conviction, raising your premiums dramatically or cancelling coverage altogether.

If you ever move to another state, Florida’s record follows you through the National Driver Register, which means the refusal can still affect your ability to obtain a license elsewhere. That’s why it’s essential to fight it now rather than accept the suspension.

FAQs – DUI and Refusal to Blow in Florida

What happens immediately after I refuse a breath test in Orlando?
The officer will confiscate your driver’s license and issue a temporary permit valid for ten days. During that period, you must request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. If you fail to act within that timeframe, your license will automatically be suspended for one year for a first refusal or eighteen months for a second.

Can I be charged criminally for refusing a breath test?
Yes. A first refusal results in administrative penalties only, but a second or subsequent refusal can be charged as a misdemeanor under Florida Statute §316.1939. That means you could face up to a year in jail and additional fines. Even if you are not convicted of DUI, a second refusal can still result in a criminal record.

Does refusing the test make me look guilty in court?
Prosecutors often argue that a refusal suggests “consciousness of guilt.” However, that interpretation is not automatic. Many people refuse tests because they are scared, confused, or mistrust the accuracy of the equipment. As your attorney, I can challenge that assumption and present your decision in a more reasonable context, showing that your choice was based on uncertainty, not guilt.

Is it possible to challenge the license suspension after refusal?
Absolutely. The administrative review hearing allows your lawyer to question the officer under oath, examine evidence, and argue that the stop or arrest was unlawful. If we win, your license suspension can be overturned. Even if we lose, the hearing provides valuable information that can help in the criminal case.

Can I get a hardship license after a refusal?
For a first refusal, you may be eligible for a hardship license that allows limited driving for work or school purposes, but only if you waive the formal review hearing. For second refusals, hardship licenses are generally not available. These are complex decisions that should be made with the help of a qualified DUI attorney who understands the specific consequences.

What if I tried to blow but the machine didn’t register it?
That situation happens more often than people realize. Some breathalyzer machines malfunction, or medical conditions such as asthma prevent a person from providing enough breath volume. If you made a good-faith effort, the state should not treat it as a refusal. I can request the machine’s calibration records and maintenance logs to prove you did not intentionally refuse.

How long will a refusal stay on my record in Florida?
A refusal remains permanently recorded with the DHSMV and can be used against you in future DUI prosecutions. Unlike other traffic infractions, it does not automatically disappear after several years. That’s why defending the case properly the first time is so important.

Can police force me to give a blood test if I refuse the breath test?
Under most circumstances, officers cannot compel a blood test without a warrant. However, exceptions exist if there is an accident involving serious injury or death. In those cases, police may obtain a warrant or rely on statutory exceptions under §316.1933 to require a blood sample.

If I refused the test, should I still hire a DUI attorney?
Yes, without question. A refusal case is legally complex and involves both administrative and criminal proceedings. Hiring an Orlando DUI Defense Lawyer ensures that both aspects are handled correctly and that no deadlines are missed. The right legal representation can often lead to reduced penalties or dismissal of charges.

What should I do right now if I’ve been charged with DUI and refusal to blow?
Call my office immediately at 1-888-640-2999 to schedule a consultation. Bring all paperwork from your arrest, including your citation, temporary permit, and court notice. Acting quickly protects your right to a hearing and allows us to begin building a defense before evidence is lost or misinterpreted.

Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you’ve been arrested for DUI or accused of refusing a breath test, you need legal help from someone who understands Florida’s DUI laws and how the courts in Orange County handle these cases. As your attorney, I will stand by you, explain your rights, and fight for the best possible outcome.

Don’t face these charges alone. Call 1-888-640-2999 today to schedule a confidential consultation with Attorney Beryl Thompson-McClary, your trusted DUI Attorney in Orlando.

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How to Beat a Drunk Driving Case in Orlando, Florida

How to Beat a Drunk Driving Case in Orlando Florida

Understanding Florida’s DUI Laws and How Attorney Beryl Thompson-McClary Fights for Your Future

Fighting a DUI Charge in Orlando, Florida

Orlando is one of Florida’s most active metropolitan areas—home to nightlife, theme parks, and thousands of visitors every year. With constant patrol activity on major roads such as I-4, Orange Avenue, and Colonial Drive, DUI arrests are common. But not every arrest leads to a conviction. Many people accused of driving under the influence were stopped without legal justification or tested under flawed conditions.

As an Orlando DUI Defense Lawyer, I know how quickly a routine traffic stop can escalate into a life-changing criminal charge. At my law office, I represent clients across Orange County, Florida, who are facing DUI allegations. My goal is always to protect their freedom, preserve their driver’s license, and challenge the evidence aggressively.

If you’ve been arrested for DUI in Orlando, you should act quickly. Call 1-888-640-2999 to schedule a consultation. I will review the details of your arrest, evaluate the legality of the stop, and identify every possible defense under Florida law.

What It Means to Be Charged With DUI in Florida

Under Florida Statutes § 316.193, a person commits the offense of driving under the influence when they drive or are in actual physical control of a vehicle while:

  1. Their normal faculties are impaired by alcohol, controlled substances, or chemical substances, or
  2. Their blood-alcohol concentration (BAC) is 0.08% or higher.

This law applies even if you are not seen driving—the police only need to claim that you were in control of the vehicle (for example, sitting in the driver’s seat with the keys nearby). The statute also authorizes penalties that depend on prior convictions, the presence of minors in the car, or accidents causing injury or death.

Why DUI Cases in Orlando Are Different

Orlando’s police and sheriff’s departments have dedicated DUI enforcement units. Officers receive specialized training in field sobriety testing and often use body cameras. However, these same procedures create room for mistakes and constitutional violations.

Common issues I uncover include:

  • Unlawful traffic stops where the officer lacked reasonable suspicion.
  • Improper field sobriety tests that fail to account for medical or environmental factors.
  • Inaccurate breath or blood testing caused by machine calibration errors or mishandled samples.
  • Inconsistent police reports or missing dash-cam footage.

A strong defense requires examining every piece of evidence. My approach as your DUI Attorney in Orlando is to challenge the state’s assumptions, expose weaknesses in their case, and demonstrate that doubt exists at every stage of the investigation.

Understanding the Legal Process After a DUI Arrest

After your arrest in Orange County, you will likely face two separate proceedings:

1. Administrative License Suspension
Florida’s Department of Highway Safety and Motor Vehicles (DHSMV) can suspend your license automatically—even before your court date—if you refused a breath test or blew above the legal limit. You have 10 days from the arrest to request a hearing to contest this suspension. Acting quickly can preserve your driving privileges.

2. Criminal Court Proceedings
Your DUI charge will be handled in Orange County Court. The prosecution must prove your guilt beyond a reasonable doubt. This is where I work to get the charges reduced or dismissed entirely. Many DUI cases can be resolved through pre-trial motions or negotiations that prevent a conviction from going on your record.

Penalties for DUI Under Florida Law

Florida imposes harsh penalties, even for a first-time DUI offense. Under § 316.193, the following consequences apply:

  • First Offense: Up to six months in jail, fines up to $1,000, license suspension for six months, and possible ignition interlock installation.
  • Second Offense: Up to nine months in jail, fines up to $2,000, and mandatory ignition interlock for at least one year.
  • Third Offense (within ten years): A felony charge carrying up to five years in prison and a ten-year license revocation.
  • DUI with Property Damage or Injury: First-degree misdemeanor, punishable by up to one year in jail.
  • DUI Manslaughter: Second-degree felony, with penalties up to 15 years in prison and permanent license revocation.

These penalties are not automatic. Many of my clients avoid jail time or even conviction through strong legal defenses that expose errors in the state’s case.

How to Beat a Drunk Driving Case in Orlando, Florida

There is no single formula for winning a DUI case, but there are proven defense strategies that consistently succeed in court. Below are key areas I examine in every case.

1. Challenging the Traffic Stop

Police must have reasonable suspicion that a crime or traffic violation occurred before pulling you over. Examples include speeding, swerving, or running a red light. If the stop was based on a hunch or an anonymous tip without corroboration, the evidence gathered afterward can be suppressed.

2. Questioning the Officer’s Observations

Officers often claim to smell alcohol or see “bloodshot eyes,” but these are subjective judgments. Fatigue, allergies, or stress can mimic intoxication. Body-cam footage often contradicts the officer’s written statements. When inconsistencies arise, I use them to show the court that the officer’s testimony is unreliable.

3. Examining Field Sobriety Tests

Field sobriety exercises—such as the walk-and-turn or one-leg stand—are voluntary in Florida. Officers rarely explain this. These tests are not scientific; performance can be affected by footwear, balance issues, or uneven pavement. If you performed poorly, that alone doesn’t prove impairment. I often use medical records or weather conditions to demonstrate why test results are misleading.

4. Disputing Breathalyzer Results

Breathalyzers must be maintained and calibrated according to strict rules under Florida Administrative Code Chapter 11D-8. If the machine was not properly certified, or the operator lacked valid training, your BAC reading can be thrown out. I frequently obtain maintenance logs to expose gaps or malfunctions in testing equipment.

5. Attacking Blood or Urine Tests

Chemical testing requires a proper chain of custody and certified laboratory analysis. Contamination, delay, or mishandling can cause false positives. I consult with toxicology experts to review the accuracy of lab reports and whether your rights were violated during the collection process.

6. Arguing Lack of Actual Physical Control

If you were found asleep in your car or parked on the roadside, the prosecution must prove you had “actual physical control.” That means you had the ability to operate the vehicle at that moment. If the keys were out of reach or the engine was off, the state’s case may collapse.

7. Highlighting Police Misconduct or Rights Violations

Under the Fourth and Fifth Amendments, officers cannot detain you unlawfully or coerce statements without Miranda warnings. Any violation of your constitutional rights can lead to evidence suppression or dismissal of the case.

The Importance of Timing in Your Defense

Every day that passes after a DUI arrest matters. Evidence such as dash-cam footage, witness statements, and breathalyzer maintenance records can be lost if not requested promptly. Hiring an experienced Orlando DUI Defense Lawyer ensures these materials are preserved and reviewed before your first court appearance.

If you contact my office immediately, I will file all necessary motions to protect your license, subpoena the relevant evidence, and prepare a defense plan before the prosecution gains an advantage.

Alternative Outcomes and Reduction Options

Not every DUI case ends in a trial. Florida allows for plea negotiations or diversion programs under limited circumstances. Depending on your record and the strength of the evidence, I may secure:

  • Reduction to reckless driving (“wet reckless”)
  • Withholding of adjudication (avoiding a formal conviction)
  • Completion of DUI school or community service in exchange for dismissal

These outcomes protect your record and limit the impact on your insurance and employment.

How Prior Convictions Affect Your Case

Under Florida law, prior DUI convictions—whether in Florida or another state—can significantly increase penalties. The lookback period for a second offense is five years, and ten years for a third. As your attorney, I carefully review prior convictions to determine whether they qualify for enhancement. Many out-of-state pleas lack sufficient documentation to count under Florida’s strict standards.

Why Choose Attorney Beryl Thompson-McClary

I have spent years representing individuals charged with DUI and other criminal offenses throughout Orange County. My background in trial advocacy, cross-examination, and forensic evidence review allows me to challenge the state’s case effectively.

Clients choose me because:

  • I give direct, realistic evaluations of each case.
  • I focus on results that protect long-term interests—not just short-term relief.
  • I have handled cases before nearly every judge and prosecutor in the Orlando area.
  • I treat every client’s case with discretion and personal attention.

When you work with me, you are not treated as another case number. I know what is at stake for your career, your license, and your future.

Call 1-888-640-2999 today to schedule a confidential consultation.

Understanding the Role of Evidence and Discovery

Florida’s criminal procedure allows your attorney to file a motion for discovery after arraignment. This gives access to all evidence the state intends to use, including:

  • Arrest reports and officer notes
  • Video footage (body-cam or dash-cam)
  • Breath and blood test results
  • Witness statements

By reviewing this material, I can uncover contradictions and weaknesses. If critical evidence is missing or improperly handled, I file motions to exclude it from trial. This often leads to dismissals or favorable plea offers.

How a DUI Conviction Affects Your Life

A conviction for DUI has consequences that go beyond fines and jail time:

  • Employment: Many employers conduct background checks and may deny positions to those with criminal records.
  • Insurance: Your car insurance rates can increase dramatically for several years.
  • Travel: Some countries restrict entry to visitors with DUI convictions.
  • Professional licenses: Nurses, teachers, and other licensed professionals may face disciplinary review.
  • Reputation: A DUI conviction becomes a public record accessible to anyone.

My mission as your attorney is to prevent these outcomes whenever possible.

Preparing Your Case for Trial

When negotiation fails, I am fully prepared to go to trial. My courtroom strategy includes:

  • Cross-examining arresting officers on procedural inconsistencies.
  • Presenting expert testimony on breathalyzer accuracy.
  • Demonstrating that field sobriety performance was affected by legitimate factors.
  • Emphasizing your clean record and responsible conduct.

A well-prepared defense often compels prosecutors to reconsider proceeding to trial. Even if the case moves forward, careful preparation levels the playing field and gives you the best chance for acquittal.

Taking Control of Your DUI Case

Being charged with DUI in Orlando can feel overwhelming, but you have more power than you think. Many people assume that a breath test over 0.08% automatically means conviction. It does not. The prosecution must prove every element beyond a reasonable doubt, and my job is to ensure they cannot meet that burden.

From the first meeting, I will:

  • Review every detail of your arrest report.
  • File all legal motions to preserve your rights.
  • Challenge unreliable evidence.
  • Negotiate firmly with prosecutors.
  • Keep you informed at every stage.

Orlando DUI Frequently Asked Questions (FAQs)

What happens immediately after a DUI arrest in Orlando?
After arrest, you will be booked at the Orange County Jail. Your driver’s license will be confiscated, and you’ll receive a temporary permit valid for 10 days. During this period, you must request a formal review hearing to fight the administrative suspension. Failure to do so will result in an automatic suspension, even if your criminal case is later dismissed.

Can I refuse a breath test?
Yes, but refusal carries consequences under Florida’s “implied consent” law, § 316.1932. Your license can be suspended for one year for a first refusal, and 18 months for subsequent refusals. However, refusal can also deprive the state of critical evidence. In some cases, refusal may strengthen your defense, depending on the circumstances.

Is it possible to get a DUI charge reduced to reckless driving?
Yes. Florida prosecutors can agree to a reduction known as “wet reckless” when the evidence is weak or mitigating factors exist. This avoids mandatory DUI penalties, ignition interlock, and long-term license suspension. An experienced DUI Attorney in Orlando can negotiate effectively based on your record and the facts of your case.

How does the court treat first-time offenders?
First-time offenders may be eligible for reduced penalties, DUI school, probation, or community service. Some counties offer diversion programs. However, eligibility depends on BAC level, presence of minors, and whether there was an accident. I evaluate each case to see if these options apply and whether pursuing them serves your long-term interests.

Can a DUI be dismissed completely?
Yes, dismissal is possible when key evidence is suppressed or the officer violated your constitutional rights. For instance, if the traffic stop lacked reasonable suspicion or the breathalyzer was improperly calibrated, the court may throw out the entire case. Success depends on thorough investigation and timing of legal motions.

Will I lose my driver’s license if convicted?
Yes, but the length of suspension varies. For a first offense, it’s typically six months. However, I can help you apply for a hardship license that allows driving for work or school. The process requires completing DUI school and demonstrating genuine need.

Should I take the field sobriety tests if stopped?
You are not legally required to perform them. Officers rarely mention this. Politely declining these voluntary exercises can prevent the state from using subjective interpretations against you. If you already took them, I can analyze the recordings to identify errors that undermine their credibility.

Can I represent myself in a DUI case?
While legally possible, it is not advisable. DUI law involves complex scientific, procedural, and constitutional issues. Prosecutors are trained to pursue convictions aggressively. Hiring an Orlando DUI Defense Lawyer ensures your rights are fully protected and the evidence is properly challenged.

How long does a DUI stay on my record in Florida?
A DUI conviction remains permanently on your criminal record—it cannot be expunged or sealed. That’s why avoiding a conviction through dismissal, acquittal, or reduction is critical. I focus every effort on securing an outcome that keeps your record as clean as possible.

What should I do right now if I was just arrested?
Write down everything you remember—the time of stop, officer’s statements, and testing procedures. Do not discuss the case with anyone but your lawyer. Then, call 1-888-640-2999 immediately. The sooner we begin, the more evidence we can preserve and the stronger your defense will be.

Call Our Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you are facing a DUI charge in Orlando or anywhere in Orange County, Florida, the choices you make now will determine your future. I handle these cases with precision, persistence, and an unwavering commitment to protecting your rights. The law allows for second chances—but only if you take decisive action early. Call today to schedule a confidential consultation and start building your defense.

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When Is a Conservatorship Appropriate in Florida?

When Is a Conservatorship Appropriate in Florida?

Understanding the Legal Standards in Orlando and Across Florida

Orlando is a city known for its growth, diversity, and thriving communities. Families here often face difficult choices when a loved one can no longer manage their financial or personal affairs. One of the questions I am often asked as a Guardianship Attorney in Orlando is whether a conservatorship—or as Florida law generally frames it, a type of guardianship—is the right solution.

I am Attorney Beryl Thompson-McClary, and I handle guardianship and conservatorship cases across Orange County and throughout Florida. These cases often involve emotional family decisions combined with strict legal requirements. If you are considering this step for a family member or facing a petition filed by someone else, I can help. To schedule a consultation, call me at 1-888-640-2999.

What Is a Conservatorship in Florida?

In many states, the term “conservatorship” is used when a court appoints someone to manage another person’s finances. Florida law, however, primarily uses the term guardianship under Chapter 744 of the Florida Statutes. Within this framework, a conservator is essentially a guardian of property. This role is appropriate when a person cannot responsibly handle their financial assets, contracts, income, or property, but may not need full guardianship over personal decisions.

Florida also has a unique provision under Chapter 747, called “conservatorship of absentees.” This applies when a person disappears, is missing, or is otherwise absent but owns property or income in Florida that must be protected.

When Courts Consider Conservatorship

A Florida court will consider appointing a conservator or guardian of property when:

  • An adult cannot manage money or property due to incapacity.
  • A person is at risk of exploitation, fraud, or financial abuse.
  • A missing or absentee person has property in Florida that requires oversight.
  • Less restrictive alternatives, such as a durable power of attorney, are not available or sufficient.

The court must always weigh whether the appointment is the least restrictive way to protect the person’s interests.

Florida Statutes That Govern Conservatorship

  • Florida Statute §744.102 – Defines guardianship, guardian of property, and guardian of the person.
  • Florida Statute §744.108 – Governs guardian compensation, including conservators managing finances.
  • Florida Statute §744.331 – Describes the process for determining incapacity.
  • Florida Statute Chapter 747 – Covers conservatorship for absentees, allowing the court to appoint a conservator to handle property for someone who is missing or presumed dead.

These statutes establish the rules, the court’s oversight powers, and the rights of the ward or absentee.

Benefits of Conservatorship

From the perspective of a concerned family member, conservatorship provides important protections:

  • Financial Security: A conservator prevents misuse or loss of assets.
  • Court Oversight: Every major financial decision is subject to court approval.
  • Protection Against Exploitation: Conservatorship can stop financial predators.
  • Stability: Conservators ensure that bills, taxes, and obligations are handled properly.

Concerns Raised by Family Members

On the other hand, conservatorship is not always welcomed by everyone involved. Some objections include:

  • Loss of Autonomy: The individual loses the right to manage their own money.
  • Costs: Conservatorship involves legal fees, accounting costs, and ongoing court supervision.
  • Family Disputes: Relatives may disagree about who should serve as conservator.
  • Overreach: Some argue that less restrictive alternatives, such as powers of attorney, are more appropriate.

As an Orlando Guardianship Attorney, I frequently represent both guardians seeking approval and family members contesting petitions.

The Court’s Balancing Act

Florida courts must carefully balance two key principles:

  1. Protecting the vulnerable person’s property.
  2. Preserving as much independence as possible.

If the court finds that the person is partially capable, it may limit the conservator’s powers rather than granting full authority. This ensures that the court intervenes only as much as needed.

The Process of Establishing a Conservatorship

  1. Filing a Petition: A family member, interested party, or attorney petitions the court.
  2. Notice and Evaluation: The alleged incapacitated person (AIP) receives notice, and an examining committee may be appointed to assess capacity.
  3. Hearing: A judge reviews the evidence and hears testimony.
  4. Appointment: If appropriate, the court appoints a conservator or guardian of property.
  5. Ongoing Supervision: The conservator must file annual accountings and reports, subject to judicial review.

Terminating or Modifying a Conservatorship

A conservatorship may end if:

  • The person regains capacity.
  • The absentee is located or returns.
  • The estate is depleted.
  • The court finds that the arrangement is no longer necessary.

Family members can also petition to modify or replace the conservator if misconduct or mismanagement occurs.

FAQs About Conservatorship in Florida

What is the difference between guardianship and conservatorship in Florida?
Florida primarily uses the term guardianship, but conservatorship can refer to the appointment of someone to manage property when a person is missing or unable to manage assets. Guardianship can include both personal and financial decisions, while conservatorship typically focuses on property.

When would a conservatorship for an absentee apply?
If a Florida resident goes missing—such as a deployed service member, someone lost at sea, or a person who disappears under unusual circumstances—the court may appoint a conservator to protect their property until they return or are declared deceased.

Do conservators have to be family members?
Not necessarily. While courts often prefer family, professional guardians or attorneys can also be appointed if family is unavailable or unsuitable.

Can a conservatorship be contested?
Yes. Family members or the alleged incapacitated person can challenge the need for conservatorship, object to the proposed conservator, or argue that less restrictive alternatives are sufficient.

How much oversight do Florida courts exercise?
Courts exercise close oversight. Conservators must file accountings, seek approval for significant financial decisions, and demonstrate that all actions serve the ward’s or absentee’s best interests.

How long does a conservatorship last?
It depends. For absentees, it lasts until the person is located or declared deceased. For incapacitated individuals, it lasts until the person regains capacity or until the court determines it is no longer needed.

What rights does the person retain under conservatorship?
The court may allow the person to retain certain rights, such as the right to vote or manage small amounts of money, depending on capacity findings.

How much does it cost to establish a conservatorship?
Costs include court filing fees, attorney fees, and expenses for evaluations and annual reporting. These costs are usually paid from the ward’s estate if funds are available.

Can a conservator misuse funds?
While possible, Florida law provides safeguards, including bonding requirements, accountings, and court oversight. If a conservator misuses funds, they can be removed and held liable.

Why hire an Orlando Guardianship Attorney for conservatorship cases?
Because conservatorships involve strict court oversight and potential family conflict, legal representation ensures compliance with Florida statutes and protects your financial and legal interests.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you believe a conservatorship may be necessary—or if you are concerned that one is not appropriate for your loved one—I am here to help. As an Orlando Guardianship Attorney, I handle cases across Orange County and throughout Florida. Call me today at 1-888-640-2999 to schedule a consultation and protect your family’s interests.

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How Florida Courts Supervise Conservatorships

How Florida Courts Supervise Conservatorships

Oversight and Protection for Families in Orlando and Across Florida

Orlando is a city known for its vibrant neighborhoods and growing communities, but even here, families sometimes face difficult choices when a loved one cannot manage their own property or financial affairs. In Florida, this situation may lead to a court-supervised arrangement often called a conservatorship. While Florida law uses the term guardianshipmore broadly, conservatorship generally refers to the management of property and assets under the supervision of the court.

I am Attorney Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help families on both sides of this issue: guardians and conservators who need court approval to carry out their duties, and family members who want to make sure that oversight is strong enough to protect their loved one. If you are considering conservatorship or already involved in a case, call me at 1-888-640-2999 to schedule a consultation. I handle these matters throughout Orange County and across Florida, and I will help you understand what the court requires and how your rights are protected.

What Is a Conservatorship in Florida?

Florida law does not use the term “conservatorship” as frequently as other states, but it does apply in specific cases. Under Chapter 744 of the Florida Statutes, guardianship includes both the appointment of someone to manage personal needs and the appointment of someone to manage property. When the focus is on property and finances, this arrangement functions like a conservatorship.

Florida also has Chapter 747, which governs “conservatorship of absentees.” This statute allows courts to appoint a conservator when a person is missing, has disappeared, or cannot be located, yet owns property or income in Florida that must be protected.

In both settings, the court does not simply hand over power. Every action taken by the conservator is subject to strict oversight to ensure that the ward’s property is managed lawfully and responsibly.

Florida Statutes Governing Court Supervision

Several statutes provide the legal framework for how courts supervise conservatorships and guardianships of property in Florida:

  • §744.102 – Defines guardians, wards, and property under guardianship.
  • §744.108 – Covers guardian and attorney compensation, requiring approval by the court.
  • §744.362 – Requires guardians of property to file annual accountings with the court.
  • §744.367 – Establishes reporting requirements for both guardians of the person and of property.
  • Chapter 747 – Governs conservatorships of absentees, ensuring property is preserved until the absentee returns or is declared deceased.

These statutes make it clear that the court plays an ongoing role in supervising conservatorships, not just at the beginning.

How Courts Supervise Conservatorships

Initial Appointment

When someone petitions the court to become a conservator, the court must determine that the appointment is necessary and that no less restrictive alternative exists. The judge reviews medical reports, capacity determinations, and the proposed conservator’s qualifications.

Bonding and Oath

Before assuming duties, conservators may be required to post a bond to protect against misuse of funds. They must also take an oath promising to act in good faith and in the ward’s best interests.

Annual Accountings

Perhaps the most important form of supervision is the annual accounting requirement. Conservators must file detailed reports with the court showing:

  • All income received by the ward
  • All expenses paid from the ward’s estate
  • The current status of bank accounts and investments
  • Any major transactions, such as sales of property

If the court finds discrepancies, it can order corrective action, reduce compensation, or even remove the conservator.

Court Approval for Major Actions

Conservators cannot make major decisions without court approval. For example:

  • Selling or mortgaging real estate
  • Making large financial investments
  • Settling lawsuits involving the ward’s property

This ensures that no major decision is made without judicial oversight.

Why Court Supervision Matters

From the Conservator’s Perspective

Court supervision protects the conservator as well. By securing court approval for major actions, conservators reduce the risk of later accusations of mismanagement. Proper filings, accountings, and judicial oversight create a record that demonstrates the conservator acted responsibly.

From the Family’s Perspective

Families can take comfort in knowing that courts do not leave conservators unchecked. Interested family members can review annual reports and file objections if they suspect wrongdoing. If a conservator misuses property, the court can remove them, require restitution, and appoint a replacement.

Potential Concerns and Disputes

Even with court supervision, disputes sometimes arise:

  • Fee Disputes: Families may argue that conservator or attorney fees are too high. Under §744.108, courts must review and approve all fees.
  • Investment Decisions: Family members may disagree with how the conservator invests funds. Courts ensure investments comply with Florida’s prudent investor rule.
  • Alleged Mismanagement: If a conservator is accused of misusing funds, the court may require audits, freeze accounts, or appoint a successor.
  • Overreach: Some families feel that conservatorship is unnecessary and that less restrictive alternatives could protect the ward’s rights.

As your Orlando Guardianship Attorney, I can represent either side—whether you are a conservator seeking approval of your actions or a family member making sure your loved one is protected.

Ramifications Under Florida Law

Court supervision of conservatorships has several important effects:

  • Accountability: Conservators are held to a fiduciary standard and must always act in the ward’s best interests.
  • Transparency: Families have access to reports and court records.
  • Legal Protections: Court approval shields conservators from liability if they act in good faith.
  • Consequences for Misconduct: Mismanagement can result in removal, financial liability, or even criminal charges.

These safeguards show why Florida’s courts play such a central role in supervising conservatorships.

FAQs About Court Supervision of Conservatorships in Florida

How often must conservators report to the court?
Conservators must file annual accountings and may be required to file interim reports as directed by the court. The accounting must include all financial activity, income, and expenses.

What happens if a conservator fails to file an accounting?
The court may issue an order to compel compliance, reduce or deny compensation, or remove the conservator. Persistent failure can also expose the conservator to liability.

Do conservators need court approval for every decision?
Not for routine matters. Conservators can handle ordinary expenses like paying bills or managing bank accounts. However, major decisions such as selling real estate or investing large sums always require court approval.

Can family members review conservatorship reports?
Yes. Interested parties, including family members, have the right to review annual reports and raise objections if they believe something is improper.

Are conservators paid for their work?
Yes, but all compensation must be approved by the court under Florida Statute §744.108. Conservators must show that their fees are reasonable and justified.

What protections exist against conservator misconduct?
Courts may require bonding, detailed reports, and hearings. Misconduct can lead to removal, restitution, and liability. In serious cases, criminal charges may apply.

Can a conservatorship be ended?
Yes. A conservatorship ends if the ward regains capacity, the absentee returns, or the court finds the arrangement is no longer necessary. Family members can petition for termination.

Do conservators have personal liability for mistakes?
If a conservator acts in good faith with court approval, they are generally protected. However, intentional misconduct, fraud, or reckless actions can lead to personal liability.

Can a conservator hire professionals to help?
Yes, but hiring accountants, attorneys, or financial managers requires court approval, and their fees must be reported in annual accountings.

Why should I hire an Orlando Guardianship Attorney?
Because conservatorships involve strict court oversight, complex filings, and potential disputes, having an attorney ensures compliance with Florida law, protects you from liability, and safeguards your loved one’s financial well-being.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you are involved in a conservatorship in Orlando or anywhere in Orange County, you need legal guidance to protect both your family and your loved one’s estate. As an Orlando Guardianship Attorney, I work with clients on both sides of these cases to ensure compliance with Florida law and protect everyone’s rights. Call me today at 1-888-640-2999 to schedule a consultation.

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Responsibilities of a Conservator for Financially Incapacitated Adults

Responsibilities of a Conservator for Financially Incapacitated Adults

Oversight and Protection for Families in Orlando and Across Florida

Orlando is a city known for its vibrant neighborhoods and growing communities, but even here, families sometimes face difficult choices when a loved one cannot manage their own property or financial affairs. In Florida, this situation may lead to a court-supervised arrangement often called a conservatorship. While Florida law uses the term guardianshipmore broadly, conservatorship generally refers to the management of property and assets under the supervision of the court.

I am Attorney Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help families on both sides of this issue: guardians and conservators who need court approval to carry out their duties, and family members who want to make sure that oversight is strong enough to protect their loved one. If you are considering conservatorship or already involved in a case, call me at 1-888-640-2999 to schedule a consultation. I handle these matters throughout Orange County and across Florida, and I will help you understand what the court requires and how your rights are protected.

What Is a Conservatorship in Florida?

Florida law does not use the term “conservatorship” as frequently as other states, but it does apply in specific cases. Under Chapter 744 of the Florida Statutes, guardianship includes both the appointment of someone to manage personal needs and the appointment of someone to manage property. When the focus is on property and finances, this arrangement functions like a conservatorship.

Florida also has Chapter 747, which governs “conservatorship of absentees.” This statute allows courts to appoint a conservator when a person is missing, has disappeared, or cannot be located, yet owns property or income in Florida that must be protected.

In both settings, the court does not simply hand over power. Every action taken by the conservator is subject to strict oversight to ensure that the ward’s property is managed lawfully and responsibly.

Florida Statutes Governing Court Supervision

Several statutes provide the legal framework for how courts supervise conservatorships and guardianships of property in Florida:

  • §744.102 – Defines guardians, wards, and property under guardianship.
  • §744.108 – Covers guardian and attorney compensation, requiring approval by the court.
  • §744.362 – Requires guardians of property to file annual accountings with the court.
  • §744.367 – Establishes reporting requirements for both guardians of the person and of property.
  • Chapter 747 – Governs conservatorships of absentees, ensuring property is preserved until the absentee returns or is declared deceased.

These statutes make it clear that the court plays an ongoing role in supervising conservatorships, not just at the beginning.

How Courts Supervise Conservatorships

Initial Appointment

When someone petitions the court to become a conservator, the court must determine that the appointment is necessary and that no less restrictive alternative exists. The judge reviews medical reports, capacity determinations, and the proposed conservator’s qualifications.

Bonding and Oath

Before assuming duties, conservators may be required to post a bond to protect against misuse of funds. They must also take an oath promising to act in good faith and in the ward’s best interests.

Annual Accountings

Perhaps the most important form of supervision is the annual accounting requirement. Conservators must file detailed reports with the court showing:

  • All income received by the ward
  • All expenses paid from the ward’s estate
  • The current status of bank accounts and investments
  • Any major transactions, such as sales of property

If the court finds discrepancies, it can order corrective action, reduce compensation, or even remove the conservator.

Court Approval for Major Actions

Conservators cannot make major decisions without court approval. For example:

  • Selling or mortgaging real estate
  • Making large financial investments
  • Settling lawsuits involving the ward’s property

This ensures that no major decision is made without judicial oversight.

Why Court Supervision Matters

From the Conservator’s Perspective

Court supervision protects the conservator as well. By securing court approval for major actions, conservators reduce the risk of later accusations of mismanagement. Proper filings, accountings, and judicial oversight create a record that demonstrates the conservator acted responsibly.

From the Family’s Perspective

Families can take comfort in knowing that courts do not leave conservators unchecked. Interested family members can review annual reports and file objections if they suspect wrongdoing. If a conservator misuses property, the court can remove them, require restitution, and appoint a replacement.

Potential Concerns and Disputes

Even with court supervision, disputes sometimes arise:

  • Fee Disputes: Families may argue that conservator or attorney fees are too high. Under §744.108, courts must review and approve all fees.
  • Investment Decisions: Family members may disagree with how the conservator invests funds. Courts ensure investments comply with Florida’s prudent investor rule.
  • Alleged Mismanagement: If a conservator is accused of misusing funds, the court may require audits, freeze accounts, or appoint a successor.
  • Overreach: Some families feel that conservatorship is unnecessary and that less restrictive alternatives could protect the ward’s rights.

As your Orlando Guardianship Attorney, I can represent either side—whether you are a conservator seeking approval of your actions or a family member making sure your loved one is protected.

Ramifications Under Florida Law

Court supervision of conservatorships has several important effects:

  • Accountability: Conservators are held to a fiduciary standard and must always act in the ward’s best interests.
  • Transparency: Families have access to reports and court records.
  • Legal Protections: Court approval shields conservators from liability if they act in good faith.
  • Consequences for Misconduct: Mismanagement can result in removal, financial liability, or even criminal charges.

These safeguards show why Florida’s courts play such a central role in supervising conservatorships.

FAQs About Court Supervision of Conservatorships in Florida

How often must conservators report to the court?
Conservators must file annual accountings and may be required to file interim reports as directed by the court. The accounting must include all financial activity, income, and expenses.

What happens if a conservator fails to file an accounting?
The court may issue an order to compel compliance, reduce or deny compensation, or remove the conservator. Persistent failure can also expose the conservator to liability.

Do conservators need court approval for every decision?
Not for routine matters. Conservators can handle ordinary expenses like paying bills or managing bank accounts. However, major decisions such as selling real estate or investing large sums always require court approval.

Can family members review conservatorship reports?
Yes. Interested parties, including family members, have the right to review annual reports and raise objections if they believe something is improper.

Are conservators paid for their work?
Yes, but all compensation must be approved by the court under Florida Statute §744.108. Conservators must show that their fees are reasonable and justified.

What protections exist against conservator misconduct?
Courts may require bonding, detailed reports, and hearings. Misconduct can lead to removal, restitution, and liability. In serious cases, criminal charges may apply.

Can a conservatorship be ended?
Yes. A conservatorship ends if the ward regains capacity, the absentee returns, or the court finds the arrangement is no longer necessary. Family members can petition for termination.

Do conservators have personal liability for mistakes?
If a conservator acts in good faith with court approval, they are generally protected. However, intentional misconduct, fraud, or reckless actions can lead to personal liability.

Can a conservator hire professionals to help?
Yes, but hiring accountants, attorneys, or financial managers requires court approval, and their fees must be reported in annual accountings.

Why should I hire an Orlando Guardianship Attorney?
Because conservatorships involve strict court oversight, complex filings, and potential disputes, having an attorney ensures compliance with Florida law, protects you from liability, and safeguards your loved one’s financial well-being.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you are involved in a conservatorship in Orlando or anywhere in Orange County, you need legal guidance to protect both your family and your loved one’s estate. As an Orlando Guardianship Attorney, I work with clients on both sides of these cases to ensure compliance with Florida law and protect everyone’s rights. Call me today at 1-888-640-2999 to schedule a consultation.

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Can Conservatorships Be Contested in Florida?

Can Conservatorships Be Contested in Florida?

Understanding the Rights of Families in Orlando and Across Florida

Orlando is a city full of opportunities, but like every community, families here sometimes face difficult choices about protecting a loved one’s property or finances. When someone is unable to manage their affairs due to incapacity or because they are missing, Florida courts may establish a conservatorship. But what happens if you disagree with the need for a conservatorship or the person chosen to manage it? The good news is that conservatorships can be contested in Florida, and the law provides clear procedures for doing so.

I am Attorney Beryl Thompson-McClary, an Orlando Conservatorship Attorney. I represent families on both sides of conservatorship cases: those seeking to establish or defend one, and those who want to challenge it. If you are in this position, I can help you understand the law, prepare your case, and protect your family member’s rights. To schedule a consultation, call me at 1-888-640-2999.

Defining Conservatorship Under Florida Law

Unlike some states, Florida does not use the word “conservatorship” for every situation. Florida law treats conservatorship in two primary ways:

  • Guardianship of Property under Chapter 744 of the Florida Statutes – When a person is determined incapacitated and cannot manage their property or finances, the court appoints a guardian (essentially acting as a conservator).
  • Conservatorship of Absentees under Chapter 747 – When someone is missing, detained, or otherwise absent and cannot manage property in Florida, the court may appoint a conservator to oversee their estate until they return or are declared deceased.

Both arrangements are heavily supervised by Florida courts, and both can be contested by family members or other interested parties.

Grounds for Contesting a Conservatorship

Florida statutes allow several ways to challenge a conservatorship, including:

  • Challenging the Need for Conservatorship: Under §744.331, incapacity must be proven with medical and committee evaluations. If you believe your loved one is still capable of managing their affairs, you may contest the petition.
  • Challenging the Person Appointed: Even if a conservatorship is necessary, you can challenge who is appointed. Florida law (§744.312) gives courts discretion, but family members often argue over suitability.
  • Challenging Mismanagement: After appointment, a conservator’s actions can be challenged if they misuse funds or fail to act in the ward’s best interests.
  • Challenging Excessive Fees: Under §744.108, all guardian and attorney fees must be reasonable and approved by the court. Families can object to petitions for payment.
  • Challenging Abuse of Authority: If a conservator exceeds their authority without court approval, those actions can be contested in court.

The Court Process for Contests

When a conservatorship is challenged, the process often involves:

  1. Filing Objections: Any interested party may file objections with the court.
  2. Evidentiary Hearings: The judge will review medical evidence, testimony, and financial records.
  3. Court Orders: The court may deny the conservatorship, appoint a different person, or impose restrictions.
  4. Ongoing Oversight: Even after approval, courts require annual accountings (§744.367). Objections can be filed at any stage.

As your Orlando Conservatorship Attorney, I can represent you in these hearings, ensuring your side is clearly presented.

Why People Contest Conservatorships

From my experience representing families in Orlando and across Orange County, there are several common reasons:

  • Families believe the conservatorship is unnecessary and strips away too much independence.
  • Disputes among siblings or relatives over who should be appointed.
  • Concerns about financial exploitation.
  • Disagreements over the conservator’s decisions about property, investments, or spending.
  • Anger over fees or attorney charges.

While these disputes can be emotional, Florida law provides a structured process for resolving them in court.

Ramifications of Contesting a Conservatorship

For Families Contesting

The benefit is protecting a loved one’s independence, estate, or rights. The risk is that if the petition fails, the conservatorship may still go forward with court approval, and the process may strain family relationships.

For Conservators Defending

The benefit is clarity and court approval of your role. The challenge is that contests often delay actions you want to take on behalf of the ward. However, defending properly with legal counsel ensures that the conservatorship remains valid and compliant with Florida statutes.

Florida Statutes That Apply

  • Chapter 744: Governs guardianship and incapacitated persons. Provides procedures for determining incapacity, appointing guardians of property, and contesting actions.
  • §744.108: Addresses guardian and attorney compensation, allowing objections.
  • §744.367: Requires annual reporting, which can be contested.
  • Chapter 747: Covers conservatorship of absentees, including court powers, appointment, and termination.

Together, these laws create a system where both establishment and oversight are subject to challenge.

FAQs About Contesting Conservatorships in Florida

Can I contest a conservatorship before it is established?
Yes. If you receive notice of a petition, you may file objections before the hearing. The court will hear your arguments about why conservatorship is unnecessary or why a different person should be appointed.

What if I believe my parent is not incapacitated?
Florida law requires a thorough incapacity determination with medical evaluations. If you believe your parent can still manage their affairs, you can challenge the medical evidence and present testimony or records showing capacity.

Can two family members both seek to be conservator?
Yes. Courts often must choose between multiple qualified applicants. The judge will consider the ward’s wishes, the applicants’ backgrounds, and any history of financial mismanagement.

Can I remove a conservator after they are appointed?
Yes. If you have evidence of mismanagement, fraud, or neglect, you can petition the court for removal. The judge may order restitution, replacement, or additional oversight.

How do courts monitor conservatorships in Florida?
Courts require annual accountings of all property, income, and expenses. Conservators must seek approval for major decisions such as selling real estate. Families can review these reports and file objections.

What if I disagree with the fees charged by a conservator or their attorney?
All fees must be approved by the court. If you believe fees are excessive, you can contest them. The judge will decide what is reasonable under Florida Statute §744.108.

Can conservatorships of absentees be contested?
Yes. If a person is missing but presumed alive, family members can challenge the appointment or management of their estate. Chapter 747 provides rights to interested parties to raise objections.

How long does it take to contest a conservatorship?
It depends. Initial objections are usually heard quickly, but disputes about mismanagement may take months and involve hearings, depositions, and detailed financial reviews.

Do I need an attorney to contest a conservatorship?
While not required, having an Orlando Guardianship Attorney ensures that your objections are properly filed, evidence is presented clearly, and your rights are fully protected.

Can a conservatorship be terminated entirely?
Yes. If the absentee returns, if the incapacitated person regains capacity, or if the court finds the arrangement no longer necessary, the conservatorship can be terminated.

Contact Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Conservatorships can provide important protections, but they must always be fair, lawful, and in the best interests of the person involved. Whether you are defending a conservatorship or contesting one, I am here to represent you. Call me at 1-888-640-2999 to schedule a consultation and discuss your case.

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