A Personal Message from Orlando DUI Defense Lawyer Beryl Thompson-McClary
Understanding the Reality of a First-Time DUI in Orlando
If you were recently arrested for driving under the influence in Orlando, you’re probably anxious about what comes next. As a DUI Attorney in Orlando, I’ve represented countless individuals facing this same moment—unsure, scared, and worried about their future.
Orlando is a vibrant city filled with visitors, college students, and hardworking residents who sometimes make one mistake that changes everything. Law enforcement in Orange County takes DUI arrests seriously, and even a first offense can lead to harsh penalties under Florida law. I handle these cases throughout Orange County, including Orlando, Winter Park, Apopka, and nearby areas.
I’m Attorney Beryl Thompson-McClary, and my law firm represents individuals facing DUI charges throughout Central Florida. My approach is straightforward: I protect your rights, challenge the state’s evidence, and ensure your side of the story is heard. You are more than a case number, and you deserve a defense built on skill, preparation, and persistence.
If you are facing a first-time DUI in Orlando, call 1-888-640-2999 to schedule a confidential consultation with me today. My firm does not offer free consultations, but I promise our conversation will provide clarity about your options and what you can expect as your case moves forward.
What Florida Law Says About DUI
Florida law defines “driving under the influence” in Florida Statutes §316.193. Under this statute, a person commits DUI if they are driving or in actual physical control of a vehicle and:
- Their normal faculties are impaired by alcohol, chemical substances, or controlled substances, or
- Their blood alcohol concentration (BAC) is 0.08% or higher.
Even for a first offense, a DUI is a criminal charge, not a simple traffic ticket. You can be arrested even if you refused a breath test or your BAC is below the legal limit—if the officer believes your “normal faculties” were impaired. That’s where an Orlando DUI Defense Lawyer can make a tremendous difference.
What Happens After a First-Time DUI Arrest
The DUI process in Orlando begins the moment you are arrested. Officers may perform field sobriety tests, breath or blood tests, and then take you to the Orange County Jail for booking.
After your arrest, two separate legal proceedings begin:
- Criminal Case: Handled by the State Attorney’s Office in Orange County. This determines guilt, penalties, and possible conviction.
- Administrative License Suspension (ALS): Managed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). You only have 10 days after your arrest to request a hearing to contest your license suspension.
If you fail to request a hearing, your driver’s license could be automatically suspended—even before your court date. This is why early legal representation matters. When you contact me immediately after your arrest, I can file the hearing request on your behalf and preserve your right to drive.
Penalties for a First DUI Under Florida Law
The penalties for a first DUI depend on your BAC level, whether an accident occurred, and whether there were minors in the vehicle.
Under §316.193(2), penalties may include:
- Fine: $500–$1,000 (or up to $2,000 if BAC was 0.15% or higher or a minor was present)
- Jail: Up to 6 months (9 months if BAC was 0.15% or higher)
- License Suspension: 6 months to 1 year
- Probation: Up to 1 year
- Community Service: At least 50 hours
- Vehicle Impoundment: 10 days
- Mandatory DUI School and Substance Abuse Evaluation
If you caused a crash involving property damage or injury, the case becomes more serious, possibly rising to a first-degree misdemeanor or even a felony depending on the severity.
The Collateral Consequences You Might Not Expect
The penalties above are only part of the story. A first-time DUI can also impact your life in ways that extend beyond the courtroom.
- Employment: Many employers conduct background checks and may not hire individuals with criminal convictions.
- Insurance: Your car insurance premiums will likely increase dramatically.
- Travel: Some countries restrict entry for those with DUI convictions.
- Professional Licenses: Nurses, teachers, and other licensed professionals must often report arrests to their regulatory boards.
As your Orlando DUI Defense Lawyer, I will consider every legal and personal consequence as we build your defense. My goal is not only to fight the criminal charge but also to protect your reputation and your future.
How a DUI Attorney in Orlando Can Defend Your Case
No two DUI cases are identical. Each one requires careful review of the evidence, police conduct, and testing procedures. Over the years, I’ve successfully defended DUI cases through strategic challenges such as:
1. Questioning the Legality of the Stop
If the officer lacked reasonable suspicion or probable cause to pull you over, all evidence gathered afterward—including breath test results—may be thrown out.
2. Challenging Field Sobriety Tests
These tests are highly subjective. Officers often interpret minor missteps or nervous behavior as signs of impairment. I review body camera footage and training records to expose flaws in these assessments.
3. Contesting Breath or Blood Test Results
Breathalyzers can produce false positives due to improper calibration, medical conditions, or operator error. Blood samples must be handled correctly, and any chain-of-custody errors can render them unreliable.
4. Arguing Lack of Actual Physical Control
You can be charged even if you weren’t driving. If you were asleep in your car or pulled over safely, we may argue that you were not in “actual physical control” of the vehicle.
5. Negotiating for Reductions or Diversion
In some first-time cases, I may negotiate for reduced charges, such as reckless driving (“wet reckless”), or seek entry into a diversion program that avoids a conviction.
Every case I handle begins with a thorough evaluation of the facts and the law. The prosecution must prove guilt beyond a reasonable doubt, and I make it my mission to ensure they meet that high burden—or that they can’t.
Florida’s Implied Consent Law and Refusal Penalties
Under Florida Statutes §316.1932, drivers are deemed to have given implied consent to submit to a lawful test of breath, blood, or urine. Refusing the test has serious consequences, even if you are later found not guilty.
- First Refusal: 1-year license suspension
- Second Refusal: 18-month suspension and a separate misdemeanor charge
The police officer must read you the “implied consent warning.” If that warning is incomplete or inaccurate, I can challenge the lawfulness of the refusal and seek to overturn the suspension.
The Role of DUI School and Hardship License
If your license is suspended, you may qualify for a hardship license that allows you to drive for work, school, or medical purposes. To be eligible, you must:
- Enroll in a state-approved DUI school
- Apply through the Bureau of Administrative Reviews (BAR) office
- Pay all required fees
I often assist clients with the paperwork and guide them through each requirement. Handling the process correctly the first time can save weeks of waiting and additional penalties.
Why Choose Attorney Beryl Thompson-McClary
I bring decades of courtroom experience to every DUI defense I handle. I know how prosecutors think, how law enforcement operates, and where errors often occur. My approach is hands-on—every client works directly with me, not passed to a junior associate.
Here’s what sets my practice apart:
- Personalized Defense: I develop strategies around your specific facts and background.
- Courtroom Experience: I’ve litigated hundreds of criminal cases in Orange County and throughout Florida.
- Direct Access: You can speak directly with me about your concerns and questions.
- Comprehensive Representation: I handle both the criminal and administrative sides of your case.
When you’re charged with DUI in Orlando, you deserve an attorney who understands how high the stakes are. The sooner we begin working on your defense, the better your chances of protecting your driving record and your future.
To schedule your consultation, call 1-888-640-2999 today.
Defenses That Often Apply to First-Time DUIs
Some of the most effective defenses in first-time DUI cases include:
Unlawful Traffic Stop: Police must have a specific, legal reason to stop you. If the stop was based on a vague “hunch,” your entire case could be dismissed.
Faulty Testing Devices: Breathalyzers and Intoxilyzers must be regularly maintained and calibrated. Improper maintenance records can render results inadmissible.
Violation of Rights: You have constitutional rights under the Fourth and Fifth Amendments. If an officer questioned you without advising of your rights, that statement can be suppressed.
Medical or Physical Conditions: Conditions like acid reflux, diabetes, or dental work can affect breath test results or create an appearance of impairment.
Improper Officer Training: Field sobriety tests must be administered exactly as outlined by the National Highway Traffic Safety Administration (NHTSA). Deviation from protocol can invalidate the results.
My defense strategies always depend on the facts, but the foundation remains the same: demand accountability from the state and insist on fairness at every stage.
How the DUI Court Process Works in Orange County
If your DUI case proceeds, it typically follows these stages:
- Arraignment: The first court date where charges are read, and a plea is entered. I usually file a written plea of not guilty and request discovery.
- Pre-Trial Conferences: Negotiations and motions occur here. I may file motions to suppress evidence or dismiss charges.
- Trial or Resolution: Some cases proceed to trial, while others are resolved through plea negotiations or diversion programs.
- Sentencing: If convicted, the judge imposes penalties according to statute and the circumstances.
Having an experienced Orlando DUI Defense Lawyer can make a significant difference at each stage. I ensure that your case receives the scrutiny it deserves and that every possible legal avenue is explored.
The Importance of Acting Quickly
Florida’s 10-day rule for license suspension hearings is one of the most overlooked aspects of a DUI arrest. If you miss this window, you lose your right to challenge the administrative suspension.
When you contact me promptly after your arrest, I can immediately request the hearing, begin gathering police reports and video evidence, and take proactive steps to preserve your rights. Time truly matters in DUI defense.
What You Should Do After a First-Time DUI Arrest
- Stay calm and avoid discussing your case with anyone except your attorney.
- Do not post about the incident on social media. Prosecutors and investigators can use those posts against you.
- Collect your paperwork, including your citation, release form, and temporary driving permit.
- Contact a qualified DUI Attorney in Orlando immediately to protect your rights.
I’ve seen too many people wait too long to get help, only to discover that critical evidence was lost or deadlines passed. Acting early can dramatically improve your outcome.
Orange County DUI FAQs
What should I expect at my first court appearance for a DUI in Orlando?
Your first court date, called an arraignment, is where the judge formally presents the charge against you. If I represent you, you won’t need to appear in person for this hearing. I will file a written plea of not guilty and request discovery from the prosecutor. This allows me to review the police reports, video footage, and breath test records before deciding whether to file motions to dismiss or suppress evidence.
Can I still drive after being arrested for DUI in Florida?
You can usually drive for 10 days after your arrest using the citation as a temporary driving permit. After that, your license may be suspended unless you request a formal review hearing with the DHSMV within that 10-day period. If you hire me during that time, I will immediately file the hearing request and explore options for a hardship license so you can continue driving for work or essential needs.
What if I refused the breath test?
Refusing a breath test carries its own penalties under Florida’s implied consent law. A first refusal results in a one-year license suspension, while a second refusal is a separate misdemeanor with an 18-month suspension. However, if the officer failed to properly explain the implied consent warning or did not have lawful grounds to request the test, I can challenge the suspension.
Can a DUI charge be reduced to reckless driving in Orlando?
Yes, in some cases. The State Attorney’s Office may agree to reduce a first-time DUI to reckless driving—often called a “wet reckless”—if your BAC was close to the limit, there was no accident, and you have no prior record. I’ve successfully negotiated these outcomes for clients throughout Orange County, which can avoid some of the harshest penalties of a DUI conviction.
Will a DUI conviction stay on my record forever?
Yes. Under Florida law, a DUI conviction cannot be sealed or expunged. This is one reason why it’s critical to fight the charge before conviction. Avoiding a guilty plea or obtaining a dismissal is the only way to prevent a permanent mark on your record.
What happens if I was under 21 at the time of my DUI arrest?
Florida has a “zero tolerance” policy for drivers under 21. If your BAC is 0.02% or higher, your license will be suspended for six months, even if you weren’t criminally convicted. I often represent college students and young adults facing these charges, and I focus on protecting both their driving privileges and their educational or career futures.
Can I represent myself in a first-time DUI case?
Legally, you can—but it’s rarely a good idea. DUI law in Florida is complex, involving both criminal and administrative proceedings. Without a seasoned attorney, you may overlook defenses, deadlines, and opportunities for case reduction. An Orlando DUI Defense Lawyer ensures your rights are protected from the very start.
How much jail time could I face for a first DUI in Orlando?
For a standard first offense with no aggravating factors, the maximum jail sentence is six months. However, most first-time offenders don’t serve jail time if they have strong representation and complete the required programs. My focus is always to prevent incarceration and minimize the impact on your record.
Does it matter where I was arrested within Orange County?
Yes, each jurisdiction—whether Orlando, Winter Park, or Apopka—has its own police departments and prosecutors, and procedures can vary slightly. I routinely handle DUI cases throughout Orange County and am familiar with how local judges and prosecutors handle first-time offenders.
What should I do right now if I’ve been arrested?
The most important step is to act immediately. Call my office at 1-888-640-2999 to schedule a confidential consultation. The sooner we begin working together, the more options you have to protect your license, your freedom, and your future.
Call Our Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’ve been charged with a first-time DUI in Orlando or anywhere in Orange County, Florida, you don’t have to face it alone. I have the experience, the legal insight, and the determination to defend your rights and pursue the best possible outcome. Don’t wait—call today to schedule your private consultation and begin your defense with confidence.
