Why Acting Quickly Can Protect Your License, Your Record, and Your Future—Insights from Orlando DUI Defense Attorney Beryl Thompson-McClary
Introduction: The Urgency of Acting Fast After an Orlando DUI Arrest
Orlando is a vibrant city known for its energy, nightlife, and entertainment. Unfortunately, those same attractions often coincide with police patrols targeting impaired driving. Every week, people across Orange County find themselves in the back of a patrol car, frightened, uncertain, and wondering what will happen next.
If you have been arrested for DUI in Orlando, your next decision could shape everything that follows. As an Orlando DUI Defense Lawyer, I can tell you that time matters more than almost anything else in these cases. The clock starts ticking the moment you are booked, and several critical rights—including your ability to drive—begin to expire within days.
My name is Beryl Thompson-McClary, and I represent individuals charged with DUI throughout Orlando, Winter Park, Apopka, Ocoee, and the rest of Orange County, Florida. You can call my office at 1-888-640-2999 to schedule a consultation. I do not offer free consultations, but when we speak, you will get a clear, professional assessment of your case and what needs to happen right now to protect your future.
Why Timing Is Everything in a Florida DUI Case
After a DUI arrest, many people assume they should “wait for the court date.” That delay can be a costly mistake. Florida’s DUI process has two parallel tracks:
- The criminal case handled in the Orange County Courthouse.
- The administrative license suspension handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
You only have ten (10) days from the date of arrest to request a formal review hearing to challenge your driver’s license suspension. Missing that deadline means you automatically lose your driving privileges for months—or even a year—depending on the circumstances.
By contacting an Orlando DUI Defense Lawyer immediately, I can step in to file that request, preserve your right to a hearing, and often obtain a temporary permit so you can continue driving while we fight your case.
Florida’s Definition of DUI Under the Law
Florida’s DUI laws are outlined in Florida Statutes § 316.193. Under this statute:
“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 within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in § 877.111, or any substance controlled under Chapter 893, when affected to the extent that the person’s normal faculties are impaired;
or
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or 0.08 or more grams of alcohol per 210 liters of breath.”
That means you do not need to have a 0.08 BAC to be charged. If an officer believes your “normal faculties” were impaired—even by prescription medication or fatigue—you can still face prosecution.
Once charged, the penalties increase rapidly depending on your record and the facts. For example, a first offense can lead to up to six months in jail, fines between $500 and $1,000, probation, community service, and a suspended license. A second or third offense carries far harsher outcomes, including ignition interlock requirements, long-term license revocation, and potential felony charges.
How I Help Clients Immediately After Arrest
When you contact me right after your arrest, the first thing I do is preserve every legal right available to you. That includes:
- Filing the 10-day license protection request with the DHSMV.
- Reviewing the probable cause affidavit for errors or omissions.
- Examining the breath or blood test procedure to challenge the accuracy.
- Investigating the traffic stop itself to see if it complied with constitutional standards.
- Contacting the State Attorney’s Office to discuss early intervention or diversion opportunities, if available.
Acting quickly allows me to collect surveillance video, 911 recordings, body-cam footage, and witness statements before they are lost. Evidence disappears fast in DUI cases. The earlier I get involved, the stronger the defense options become.
Florida Statutes That Influence a DUI Defense
Beyond § 316.193, several other Florida laws can affect your case:
- § 316.1932 – Implied Consent Law: By driving in Florida, you consent to lawful requests for breath, urine, or blood testing. Refusing can result in an immediate license suspension and additional penalties.
- § 316.1939 – Refusal to Submit to Testing: A second refusal can lead to a first-degree misdemeanor with up to one year in jail.
- § 316.656 – Mandatory Adjudication: The court cannot withhold adjudication for DUI, meaning a conviction remains on your permanent record.
- § 322.2615 – Administrative Suspension: Outlines the procedure for suspending and contesting your license after a DUI arrest.
Understanding these statutes is crucial. As your DUI Attorney in Orlando, I analyze every element of the state’s case against you—starting from whether the officer had lawful cause to initiate the stop, to whether your consent was voluntary, to whether testing equipment met Florida Administrative Code requirements.
Consequences of Waiting Too Long to Hire a Lawyer
Delaying legal representation can have serious consequences:
- Lost License Rights: Missing the 10-day window eliminates your ability to drive legally.
- Weakened Evidence: Surveillance video from restaurants, parking lots, or traffic cameras can be erased in a matter of days.
- Prosecutor Advantage: The State Attorney begins building its case immediately; if you wait, you fall behind.
- Harsher Penalties: Judges often consider early accountability and representation as signs of responsibility. Waiting too long can result in fewer plea options or diversion programs.
By hiring counsel quickly, you gain someone who can speak on your behalf, prevent self-incrimination, and push back against unfair or exaggerated claims.
How an Orlando DUI Defense Lawyer Builds a Case
Every DUI case is different. When I take on a case, I begin by reviewing every action taken by law enforcement. That includes:
- The Stop: Was there a legitimate reason to pull you over? If not, the stop could be unconstitutional.
- The Field Sobriety Exercises: Were they properly explained and administered? Many people fail because of nervousness, medical conditions, or uneven ground.
- The Arrest: Did the officer have probable cause, or was it based on assumption?
- The Testing Process: Breath machines must be maintained and calibrated according to Florida Administrative Code Rules 11D-8.
- Chain of Custody: If blood samples were taken, were they stored and transported correctly?
I have had cases where dismissals occurred because the officer lacked sufficient grounds for the initial stop or failed to follow testing protocols. These technicalities are not loopholes—they are constitutional protections.
Real Case Example from Orange County
A client from Winter Garden was arrested after being stopped for “weaving within the lane.” The officer claimed the client smelled of alcohol and performed poorly on field sobriety tests. The breath test showed 0.07, below the legal limit. Because the client contacted my office within 24 hours, I obtained surveillance video from a nearby business showing heavy rain at the time, explaining the driving behavior.
When I presented this evidence at the pre-trial hearing, the State Attorney dropped the DUI charge, and the client received a dismissal on all counts. That outcome was only possible because we acted quickly before the evidence disappeared.
Administrative vs. Criminal Defense—Two Fronts, One Strategy
The administrative suspension hearing is separate from your criminal case but can influence the outcome. At that hearing, I can cross-examine the arresting officer and obtain sworn testimony. That testimony often reveals inconsistencies later useful in court.
Meanwhile, the criminal case moves forward in Orange County Court, where I challenge every element of the prosecution’s evidence. I negotiate when it benefits the client, and I fight when the evidence demands it.
Potential Defenses in Orlando DUI Cases
Common defense strategies include:
- Illegal Stop: The officer lacked probable cause to initiate the traffic stop.
- Improper Testing: Breathalyzer not maintained or operated correctly.
- Medical Conditions: Health issues such as GERD, diabetes, or neurological disorders can mimic intoxication symptoms.
- Rising Blood Alcohol: Alcohol absorption may have increased after driving, producing a higher reading later.
- Violation of Rights: Unlawful questioning or coercive tactics may render statements inadmissible.
As your Orlando DUI Defense Lawyer, my role is to uncover every procedural, factual, and scientific issue that can lead to dismissal or reduction.
Why Choose Attorney Beryl Thompson-McClary
I have represented clients across Central Florida for many years, including students, business professionals, and visitors who made a single mistake. My approach is thorough and personal. I believe in direct communication with my clients and transparency about what lies ahead.
When you call 1-888-640-2999, you will not be passed to a call center or a paralegal. You will speak with my office and receive guidance tailored to your specific circumstances. I appear in Orange, Osceola, Seminole, and Lake Counties, providing hands-on defense at every stage of the process.
Protecting Your Record and Future
A DUI conviction is permanent in Florida—it cannot be sealed or expunged. That means employers, landlords, and licensing boards will see it indefinitely. Early intervention is your best chance to prevent a conviction from appearing on your record.
By calling an attorney quickly, you give yourself a fighting chance to:
- Maintain driving privileges.
- Avoid a criminal conviction.
- Protect your professional license.
- Prevent higher insurance premiums.
- Avoid potential jail time.
Acting within those first 10 days could be the difference between a temporary setback and a lifelong problem.
How to Contact My Office
If you were arrested for DUI anywhere in Orlando or Orange County, call 1-888-640-2999 to schedule your consultation. I do not offer free consultations, but the information you gain could be invaluable. We will review your paperwork, discuss the facts, and outline an immediate defense plan designed to protect your license and your future.
Frequently Asked Questions About Contacting a DUI Attorney in Orlando
How soon should I contact a lawyer after a DUI arrest in Orlando?
You should contact a lawyer immediately—preferably within the first 24 hours. The ten-day window to challenge your license suspension starts right away. Waiting even a few days can make it harder to preserve evidence or obtain a hardship permit. The sooner you hire a DUI Attorney in Orlando, the better your chances of keeping your license and identifying legal weaknesses in the arrest.
What happens if I miss the ten-day deadline?
If you do not request a formal review hearing within ten days, your license suspension automatically takes effect. You may qualify for a hardship permit in some cases, but that depends on your prior record and other factors. Missing this step can also signal to the court that you are not taking the charge seriously. Hiring an attorney quickly ensures that all necessary filings are completed on time.
Can an attorney really get a DUI charge dismissed?
Yes, in some cases. Dismissals occur when there are problems with the stop, testing procedure, or arrest documentation. I have achieved dismissals when officers failed to calibrate their breath machines or lacked probable cause to initiate a stop. Every case must be reviewed individually, but early action gives the best opportunity to expose those issues before trial.
What if I took the breath test and blew over 0.08?
A high breath reading does not automatically mean a conviction. Machines can produce false positives from mouth alcohol, medical conditions, or improper maintenance. As your Orlando DUI Defense Lawyer, I examine calibration logs, operator certifications, and maintenance records to determine whether the results can be challenged or suppressed.
Can I handle a DUI case without an attorney?
You have the right to represent yourself, but it is rarely a good idea. DUI law in Florida is complex, involving both criminal and administrative proceedings. Without legal training, it is easy to miss deadlines or fail to raise key defenses. Hiring an attorney protects your rights, ensures the proper motions are filed, and prevents you from unintentionally incriminating yourself.
Will hiring a lawyer make me look guilty?
No. Prosecutors and judges expect individuals facing criminal charges to have counsel. Hiring an attorney simply shows that you are taking the matter seriously and want to understand your rights. In fact, defendants with representation typically achieve more favorable outcomes because they avoid missteps and have a professional advocate presenting their case.
Can a DUI conviction affect my job or professional license?
Absolutely. Many employers conduct background checks, and certain professions—such as nursing, education, or commercial driving—require disclosure of any criminal convictions. A DUI can jeopardize professional licensing or insurance. Acting quickly allows your lawyer to pursue strategies that could prevent a conviction or reduce the charge to a non-criminal traffic offense.
What if this is my first DUI offense?
First-time offenders often have more options, including plea reductions to reckless driving or entry into diversion programs where available. The key is timely intervention. I evaluate whether your case qualifies for such alternatives and work to minimize both criminal and administrative penalties.
What are the penalties for a DUI conviction in Florida?
Under § 316.193, a first conviction carries up to six months in jail, fines between $500 and $1,000, probation, community service, vehicle impoundment, and a license suspension of six months to one year. Aggravating factors—such as a BAC over 0.15 or having a passenger under 18—can increase penalties. Repeat offenders face longer jail terms, higher fines, and mandatory ignition interlock devices.
If I refused the breath test, can that be used against me?
Yes. Under Florida’s Implied Consent Law § 316.1932, refusing a lawful request for testing leads to an immediate one-year license suspension for a first refusal and eighteen months for subsequent refusals. Prosecutors can also argue that the refusal implies guilt. However, I can often challenge whether the officer properly informed you of your rights or whether the request itself was lawful.
Do I have to appear in court for my DUI case?
In most misdemeanor DUI cases, I can appear on your behalf for early hearings, saving you from missing work or travel. Certain hearings, such as trial or sentencing, may require your presence. During your consultation, I explain exactly what to expect so there are no surprises.
How can hiring an attorney early change the outcome of my case?
Early representation allows your attorney to act before the state’s narrative becomes fixed. We can request video evidence, challenge license suspensions, and often negotiate with prosecutors before formal charges are filed. These early steps can lead to reduced charges, dismissal, or more lenient sentencing.
What should I bring to my consultation?
Bring all paperwork from your arrest, including the citation, Notice of Suspension, and any receipts or release forms from the jail. Also bring your driver’s license and any correspondence from the DHSMV. The more information you provide, the more accurately I can assess your situation and outline next steps.
Can I contact you if my DUI arrest happened outside Orlando?
Yes. I handle DUI cases across Central Florida, including Orange, Seminole, Osceola, Lake, and Volusia Counties. The process and defenses are similar across jurisdictions, though each county court has its own local procedures. If your arrest occurred anywhere in this region, my office can assist.
Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
If you have been arrested for DUI in Orlando or anywhere in Orange County, do not wait. The first few days are critical to preserving your rights, protecting your license, and building a solid defense. My office handles these cases with discretion and determination, offering representation grounded in Florida law and decades of courtroom experience. Call today to schedule your consultation and take control of your defense.
