Understanding Your Rights, Your Options, and How Attorney Beryl Thompson-McClary Builds a Strong Defense Under Florida Law
Living and working in Orlando means sharing the road with visitors heading to theme parks, locals commuting across Orange County, and law enforcement watching for impaired driving. I’ve represented clients stopped on I-4, near Lake Eola, and in Winter Park after a night out. When the blue lights flash in the mirror, panic sets in. In that moment, one mistake or misunderstanding can turn into a criminal charge that threatens your license, reputation, and freedom.
As an Orlando DUI Defense Lawyer, I help clients understand that a DUI arrest does not automatically mean a conviction. Florida law gives you rights, and my job is to protect them from the first hearing to the final decision. If you have been arrested for DUI anywhere in Orange County, call my office at 1-888-640-2999 to discuss your situation in confidence.
How Florida Defines DUI
Under Florida Statute § 316.193, a person commits Driving Under the Influence when operating or being in actual physical control of a vehicle while impaired by alcohol or controlled substances, or with a breath- or blood-alcohol concentration of 0.08 g/dL or greater. The law applies even if the vehicle was not moving. Police must prove both “impairment” and “control,” and that distinction often determines whether a case is defensible.
A first-time DUI conviction can mean up to six months in jail, fines between $500 and $1,000, a one-year license suspension, probation, community service, and vehicle impoundment. The penalties increase with each offense, with higher blood-alcohol levels, minors in the car, or property damage.
How an Orlando DUI Attorney Helps from Day One
When clients contact me, they’re usually overwhelmed. My first step is to explain what happens next. Within 10 days of arrest, you must request a DHSMV hearing to contest the administrative suspension of your license. Missing that window can cost months of driving privileges.
I file that request immediately, secure temporary driving permits, and start reviewing every piece of evidence — police reports, body-cam video, calibration records for the breath machine, and the reason for the stop. I personally analyze whether the officer had probable cause or if the stop violated Fourth Amendment protections. Many cases begin to fall apart right there.
The Reality of Field Sobriety and Breath Testing
Florida officers rely heavily on field-sobriety exercises — balance tests, the walk-and-turn, the one-leg stand. These are not scientific; they’re subjective observations made under stress, often on uneven pavement or in bad lighting. I have cross-examined countless officers who admitted their instructions were unclear or that my client had medical conditions affecting balance.
When a breath or blood test is involved, I investigate whether the machine was properly maintained, whether the operator was certified, and whether any medical or environmental factor could have affected the reading. Under § 316.1932 and § 316.1933, implied-consent rules govern chemical testing, but they also require that officers follow strict procedures. A small error in how they read the implied-consent warning or handled the sample can make the results inadmissible.
A Realistic Example: The Case of “Michael R.”
Michael R., a 32-year-old Orlando resident, was stopped near Mills Avenue after leaving a downtown restaurant. The officer claimed he drifted across the lane divider and “smelled of alcohol.” Michael performed field-sobriety exercises on the sidewalk and was arrested for DUI after a breath test showed 0.09.
When I reviewed the footage, it showed heavy rain, bright patrol-car headlights, and confusing instructions. The officer also failed to observe Michael for the required 20-minute period before testing, as required under the Florida Administrative Code Rule 11D-8.007. I filed a motion to suppress the breath result and argued that the officer lacked reasonable suspicion for the stop. The court agreed and dismissed the DUI charge, reducing it to a non-alcohol traffic infraction.
Michael kept his job, his license, and avoided a criminal record. That outcome wasn’t luck — it was the result of detailed analysis and firm advocacy.
Common Defenses in an Orlando DUI Case
Every case is different, but common defenses include:
- Illegal traffic stop: If the officer lacked a lawful reason to pull you over, all evidence that followed may be excluded.
- Unreliable testing: Breathalyzer or blood-draw errors, improper maintenance, or contamination can invalidate results.
- Medical explanations: Diabetes, fatigue, or inner-ear conditions can mimic signs of intoxication.
- Unlawful detention or arrest: Prolonged roadside questioning without probable cause violates constitutional protections.
- Improper administration of field tests: Deviations from NHTSA standards make results unreliable.
An experienced DUI Attorney in Orlando identifies which of these apply and builds a defense plan suited to your facts.
Understanding the Stakes
Florida treats DUI as more than a traffic offense. It is a criminal misdemeanor — and can become a felony if it causes injury, death, or involves multiple prior convictions. Conviction can bring jail time, higher insurance premiums, mandatory ignition interlock devices, and lasting consequences for employment and travel.
Under § 316.193(2)(a), enhanced penalties apply when the BAC is 0.15 or higher or if a minor is in the vehicle. For repeat offenders, mandatory incarceration and multi-year license revocations apply under § 316.193(2)(b) and § 322.28.
How I Approach Plea Negotiations and Trial
I evaluate every offer the prosecution makes in light of your goals — whether that’s license protection, avoiding jail, or keeping a clean record. In some cases, I negotiate for reckless-driving reductions under § 316.192, which avoids the stigma of DUI.
If a case proceeds to trial, I prepare thoroughly. That means subpoenaing maintenance logs, interviewing officers, and filing targeted motions to limit evidence. Jurors in Orange County deserve to hear both sides, and my role is to make sure they understand reasonable doubt applies to every element of the charge.
Administrative and DMV Hearings
Many people forget that DUI involves two separate proceedings — the criminal case and the administrative suspension handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). I personally appear at these hearings to question the arresting officer, challenge the probable cause affidavit, and preserve your ability to drive legally. Winning this hearing can make a major difference while the criminal case continues.
Why Choose Attorney Beryl Thompson-McClary
For more than two decades, I have defended individuals charged with DUI and related offenses throughout Orlando, Winter Garden, Apopka, and the entire Orange County court system. I treat every client with dignity, whether it’s a first-time offender or someone facing felony DUI charges. My focus is precision — examining evidence piece by piece and ensuring that law enforcement followed every rule.
When clients hire me, they work directly with me — not an assistant. I am present in every courtroom hearing and personally handle all communication with prosecutors. That hands-on approach matters because DUI law changes constantly, and each detail can alter the outcome.
If you’re facing DUI allegations in Orlando, I urge you to discuss your case as soon as possible. The sooner I’m involved, the more options we can preserve. You can reach my office today at 1-888-640-2999.
Protecting Your License and Future
A DUI conviction triggers license suspension periods under § 322.28, but many clients qualify for hardship reinstatement or business-purpose licenses. I guide them through the process, from completing DUI School under § 322.291 to showing proof of SR-22 insurance.
I also explain the long-term record impact. Under Florida law, DUI convictions cannot be sealed or expunged, so early defense is critical. For eligible cases dismissed or reduced, I help file the appropriate expungement paperwork under § 943.0585 to clear the record completely.
How an Orlando DUI Defense Lawyer Helps Beyond the Courtroom
DUI charges affect more than driving. They can jeopardize professional licenses, college scholarships, and immigration status. I regularly work with students from the University of Central Florida and professionals whose careers depend on a clean record. Addressing collateral consequences early helps prevent additional hardship later.
I also help clients enroll in approved alcohol-education programs and counseling. Courts appreciate proactive steps, and those efforts often influence sentencing or negotiations.
The Value of Experience and Local Knowledge
Orange County courts have specific procedures for DUI arraignments, pre-trial motions, and diversion programs. Knowing the prosecutors, judges, and local law enforcement policies can make a measurable difference. My familiarity with these details allows me to prepare clients realistically and advocate effectively in every stage of the case.
What Clients Can Expect When Working With Me
When you call my office, you’ll speak with me or a member of my team right away. I’ll review your arrest paperwork, explain your rights, and create a plan to protect your license. I will keep you informed at every step and make sure you understand the potential outcomes.
My philosophy is simple — an informed client can make better decisions. That’s why I devote time to explaining each motion, each hearing, and each choice you face. You are not just a case number; you’re a person with a career, a family, and a future to protect.
Frequently Asked Questions About DUI Defense in Orlando
What happens after a DUI arrest in Orlando?
After a DUI arrest, you’ll likely spend several hours at the Orange County Jail before release on bond or your own recognizance. You’ll receive a citation or Notice of Suspension. You then have ten days to request a DHSMV hearing. A court date (arraignment) will follow within a few weeks. During that time, I begin collecting evidence, filing motions, and protecting your right to drive.
Can I refuse a breath test in Florida?
Florida’s implied-consent law (§ 316.1932) says that drivers agree to testing when they accept a license. You may refuse, but a first refusal leads to a one-year license suspension, and a second refusal can result in 18 months plus a separate misdemeanor charge under § 316.1939. In some cases, refusal defenses are strong if the officer failed to properly explain the consequences or lacked probable cause for arrest.
Will I lose my driver’s license automatically?
Not automatically. You can request a formal review within ten days. If successful, your suspension can be invalidated. Even if the suspension is upheld, you may qualify for a hardship permit after serving part of the period and completing DUI School.
Can a DUI charge be reduced to reckless driving?
Yes. Under § 316.192, prosecutors sometimes agree to reduce a DUI to reckless driving — often called a “wet reckless.” This depends on your BAC level, accident involvement, and prior history. A reduction can spare you from mandatory ignition interlock devices and keep your record cleaner.
What if this is my first DUI offense?
First-time DUI defendants usually face up to six months in jail, up to $1,000 in fines, probation, and license suspension. Many qualify for diversion or plea reductions, especially if there was no crash or injury. I work to present mitigating factors and demonstrate your responsibility to secure the most favorable resolution.
Can I represent myself?
Technically yes, but it’s rarely wise. DUI laws are technical, and a single procedural mistake can harm your defense. An experienced Orlando DUI Defense Lawyer knows how to analyze evidence, file suppression motions, and negotiate effectively.
What should I tell the officer if I’m stopped?
You must provide identification, license, and registration, but you have the right to remain silent regarding where you were or what you consumed. Always be polite, but avoid volunteering information that can be used against you later.
Are DUI checkpoints legal in Florida?
Yes, but only if they follow strict constitutional guidelines set by the Florida Supreme Court. Police must publicize the checkpoint in advance and adhere to neutral selection methods. If they fail to comply, I can file a motion to dismiss the resulting charges.
How long will a DUI stay on my record?
A DUI conviction remains on your Florida driving record for 75 years and cannot be expunged. That’s why building a strong defense early is essential.
How much does hiring an Orlando DUI attorney cost?
Fees depend on case complexity, whether expert witnesses are needed, and trial preparation. While my firm does not offer free consultations, I explain fees clearly before representation begins so there are no surprises.
Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’ve been arrested or charged with DUI in Orlando or anywhere in Orange County, Florida, time is critical. Evidence fades, and deadlines pass quickly. Call my office today to schedule a confidential consultation. I will personally evaluate your case, explain your legal options, and begin building the defense you deserve.
