Why Choosing the Right DUI Attorney in Orlando Can Change the Outcome of Your Case
Understanding the Challenge of a DUI Arrest in Orlando
Orlando is known for its energy, its nightlife, and its thousands of visitors who come for both business and pleasure. But behind the excitement of downtown Orlando, the theme parks, and the tourist corridors of International Drive and Lake Buena Vista, law enforcement takes DUI enforcement very seriously. The Orange County Sheriff’s Office, Orlando Police Department, and Florida Highway Patrol all conduct aggressive patrols and sobriety checkpoints across the city, particularly near entertainment districts and major highways like I-4 and State Road 408.
As an Orlando DUI Defense Lawyer, I understand how quickly an evening out can turn into one of the most stressful experiences of your life. The flashing blue lights, the field sobriety tests, and the arrest process can feel overwhelming. I’m Attorney Beryl Thompson-McClary, and my law practice is dedicated to protecting the rights of individuals accused of driving under the influence across Orlando and Orange County, Florida. My team and I handle DUI cases with precision, care, and a deep understanding of both Florida law and the local court system.
If you’ve been charged with DUI, it’s essential to act quickly. Your driving privilege and your record are at stake. You can call my office at 1-888-640-2999 to schedule a consultation and begin building your defense immediately.
What Florida Law Says About DUI Charges
Under Florida Statutes § 316.193, a person is guilty of DUI if they drive or are in actual physical control of a vehicle while under the influence of alcohol or a controlled substance, and their normal faculties are impaired—or if they have a blood-alcohol level of 0.08 g/dL or higher.
The statute applies equally whether the impairment results from alcohol, prescription medication, or illegal drugs. The prosecution must prove beyond a reasonable doubt that you were either driving or in physical control of a vehicle and that impairment or unlawful blood-alcohol concentration existed at the time.
The statute also outlines enhanced penalties for higher BAC levels, minors in the vehicle, accidents involving injury or property damage, and repeat offenses. Even a first conviction carries lasting consequences, including driver’s license suspension, probation, community service, fines, and possible jail time.
Understanding the Immediate Consequences of a DUI Arrest
When someone is arrested for DUI in Orlando, two separate processes begin at once—criminal prosecution in Orange County Court and administrative action by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
The arresting officer will confiscate your driver’s license and issue a temporary permit that’s valid for only ten days. During that ten-day window, you must request a formal review hearing to contest the administrative suspension. Missing that deadline can result in an automatic license suspension for six months or longer, depending on whether you refused testing or failed a breath test.
This administrative step is just as critical as the criminal case. My office helps clients schedule and prepare for the DHSMV hearing, challenge the legality of the stop or arrest, and ensure all procedural rights are protected.
Penalties for DUI in Florida
Florida law imposes mandatory minimum penalties even for a first offense. These are outlined in § 316.193(2) and can include:
- First Offense: Fine of $500 – $1,000, up to six months in jail, 50 hours of community service, probation up to one year, and license suspension for up to one year.
- Second Offense: Minimum ten days in jail if within five years of the first, fine up to $2,000, and license revocation for at least five years.
- Third Offense: Classified as a felony if within ten years of a prior conviction, punishable by up to five years in prison and a ten-year license revocation.
- Fourth or Subsequent Offense: Always a felony, regardless of timing, and carries a mandatory permanent revocation of driving privileges.
Beyond these, the court may require an ignition interlock device, DUI school, or substance abuse evaluation. The cost and impact of these penalties reach far beyond the courtroom, often affecting employment, housing, and professional licenses.
What Happens in an Orlando DUI Case
Most DUI cases in Orlando begin in the Orange County Courthouse located downtown. After arrest, the first appearance will be held before a judge, who determines whether probable cause existed for the arrest and sets bond.
Next comes the arraignment, where you are formally charged and must enter a plea. From there, the case may proceed to pre-trial motions and hearings, where your attorney can challenge evidence such as the legality of the traffic stop, accuracy of the breathalyzer, or the qualifications of the arresting officer.
Many DUI cases can be resolved before trial through motions to suppress unlawfully obtained evidence, negotiations for reduced charges, or diversion programs when applicable. However, each decision must be made strategically. As your DUI attorney in Orlando, I guide you through each phase, ensuring you understand the risks and possible outcomes before we move forward.
Common Defenses to DUI Charges
Every DUI case is unique, but several defense strategies are common under Florida law:
- Illegal Stop or Lack of Probable Cause:
Law enforcement must have a lawful reason to stop your vehicle. If they cannot articulate a valid traffic violation or reasonable suspicion, the evidence gathered afterward may be excluded. - Improper Administration of Field Sobriety Tests:
Officers must follow standardized testing procedures. Poor instructions, uneven surfaces, or medical conditions can invalidate the results. - Faulty Breath or Blood Testing:
Breathalyzer machines must be properly calibrated and maintained under strict administrative rules. Blood draws require proper chain of custody and lawful consent. - Violation of Miranda Rights:
Statements made without being informed of your rights may be suppressed. - Failure to Prove Actual Physical Control:
Florida law defines “actual physical control” broadly, but each situation—such as sitting in a parked car with keys nearby—requires detailed legal analysis.
Building these defenses requires experience and familiarity with both state law and local enforcement practices. My firm has handled DUI cases in every court across Central Florida, and we approach each case with the precision needed to protect our clients’ rights.
The Importance of Hiring a Private DUI Attorney in Orlando
Public defenders are dedicated lawyers, but they handle overwhelming caseloads. DUI cases often demand a more personalized and strategic defense than public representation allows. When you retain me as your Orlando DUI Defense Lawyer, you receive direct communication, focused attention, and the benefit of a defense tailored specifically to your circumstances.
I review every piece of evidence myself—dash-cam video, breath test logs, arrest reports, and officer testimony—to identify inconsistencies and errors that can make the difference between conviction and dismissal. My background includes years of courtroom experience across Orange County and throughout Florida, allowing me to anticipate how prosecutors approach these cases and how judges interpret evidence under § 316.193 and related statutes.
How I Help Clients Across Orange County
My firm handles DUI cases in every jurisdiction of Orange County, including Orlando, Winter Park, Apopka, Ocoee, and Maitland. Whether your arrest occurred near UCF, the downtown entertainment district, or on the Florida Turnpike, I’m prepared to act immediately.
Beyond courtroom defense, I assist with license reinstatement, hardship permit applications, and compliance with court-ordered requirements like DUI school or ignition interlock installation. My goal is to protect your freedom, your record, and your future opportunities.
What To Expect When You Work With My Office
When you call my office at 1-888-640-2999, you’ll speak with a professional team member who will schedule a consultation and explain what documents and information to bring. During our meeting, I’ll review the facts of your arrest, identify potential constitutional issues, and discuss your legal options.
From that point forward, my team handles every aspect of your case. We monitor all court deadlines, attend hearings, and keep you informed at every step. You’ll never be left wondering what happens next. Transparency and trust are central to my approach as a defense attorney.
How To Find the Right DUI Attorney in Orlando
Finding the right DUI attorney in Orlando takes more than a quick online search. Here are important qualities to consider:
- Local Experience:
Choose someone who regularly appears before the Orange County judges and prosecutors. Local familiarity matters when negotiating or presenting defenses. - DUI-Specific Knowledge:
DUI law involves both criminal and administrative processes. An attorney must be adept at handling both sides simultaneously. - Personal Attention:
You should feel confident that your lawyer—not an assistant—will review your evidence and attend court with you. - Track Record:
Look for an attorney with documented case results and strong professional reputation.
As a long-time DUI attorney serving Orlando, I provide all of these qualities. My practice focuses on results, personal attention, and ensuring every client receives a fair defense.
Common Mistakes People Make When Choosing a DUI Lawyer
One of the most common mistakes is waiting too long to hire an attorney. The first ten days after arrest are critical for protecting your driving privileges. Another mistake is choosing a lawyer based solely on price or advertisements that promise unrealistic results.
You should always ask who will handle your case, how often they appear in local court, and what communication you can expect. I encourage potential clients to ask questions, review my credentials, and understand how I intend to fight their case before making any commitments.
The Cost of Not Hiring the Right Lawyer
A DUI conviction in Florida can affect nearly every part of your life. It increases insurance premiums, limits employment opportunities, and remains on your record permanently. Even a first offense can follow you for decades.
Hiring the right attorney isn’t an expense—it’s an investment in your future. When your freedom, finances, and reputation are at stake, having the right legal representation matters more than anything else.
Why Choose Attorney Beryl Thompson-McClary
I have spent my career defending individuals accused of serious traffic and criminal offenses in Orlando and throughout Florida. My reputation is built on thorough preparation, professionalism, and results. Clients choose my firm because they know I treat every case with the seriousness it deserves.
From the moment we meet, you will receive honest advice, consistent communication, and a clear legal strategy. My priority is your protection—your record, your license, and your peace of mind.
Frequently Asked Questions About DUI Defense in Orlando
What should I do immediately after being arrested for DUI in Orlando?
The first thing to do is remain calm and exercise your right to remain silent. Do not discuss your case with anyone other than your attorney. You have ten days from your arrest to request a hearing with the Florida Department of Highway Safety and Motor Vehicles to challenge your license suspension. Call my office right away so I can handle that request and start preserving your rights.
Can I refuse a breath test in Florida?
You can, but refusal has serious consequences. Under Florida’s implied consent law (§ 316.1932), refusing a breath, blood, or urine test results in an automatic one-year license suspension for the first refusal and 18 months for any subsequent refusals. Prosecutors may also use your refusal as evidence of guilt at trial. Sometimes, however, challenging the lawfulness of the request or the officer’s conduct can help mitigate or overturn the refusal penalty.
Will I lose my license after a DUI arrest in Orlando?
Your license will likely be suspended immediately, but you may qualify for a temporary driving permit if you act within ten days. I represent clients before the DHSMV to contest the suspension or secure a hardship license that allows driving to work or school during the case.
What happens if this is my first DUI?
A first offense is usually a misdemeanor, but it still carries serious penalties—fines, probation, community service, and possible jail time. More importantly, it creates a permanent criminal record. My goal in first-offense cases is often to secure a reduction to reckless driving or dismissal when possible.
How can a DUI lawyer help me?
An experienced DUI attorney in Orlando can evaluate whether the stop was lawful, whether testing equipment was properly maintained, and whether evidence was collected according to required standards. These issues can result in suppression of evidence or even dismissal of the case. My office also handles negotiations and courtroom advocacy to minimize penalties.
Do I need to appear in court for every hearing?
In many misdemeanor DUI cases, your attorney can appear on your behalf at certain procedural hearings. However, some hearings and trials require your presence. I inform clients in advance and coordinate attendance to minimize stress and disruption.
Are DUI checkpoints legal in Orlando?
Yes, but they must follow strict constitutional and procedural guidelines. If law enforcement fails to comply, evidence gathered at the checkpoint may be thrown out. My firm routinely reviews checkpoint documentation to ensure legality.
Can a DUI be expunged in Florida?
DUI convictions cannot be expunged or sealed under Florida law. However, if your charges are reduced or dismissed, you may be eligible to expunge the record of your arrest. This is another reason why aggressive defense representation is so important.
What if I was visiting Orlando and live in another state?
Out-of-state residents arrested for DUI in Florida face additional complications, as the suspension can extend to their home state. I represent many non-residents and coordinate defense strategies to reduce travel and minimize the impact on their driving privileges elsewhere.
How long does a DUI case take in Orange County?
Most cases take several months, though complex cases can take longer. I prioritize efficiency and communication, ensuring clients stay updated throughout the process. The length of the case often depends on court scheduling, evidence analysis, and whether a negotiated resolution or trial is best.
Can I fight a DUI if I failed the breath test?
Yes. Breath tests are not always reliable. Calibration errors, medical conditions, or improper procedure can produce false readings. I have successfully challenged test results and achieved case dismissals or reductions even when the BAC was above the legal limit.
What should I look for when hiring a DUI attorney?
Look for experience with DUI law, familiarity with Orlando courts, and a history of positive outcomes. You should also feel comfortable discussing your case openly and know your lawyer will handle it personally.
What are the long-term consequences of a DUI conviction?
A DUI conviction can increase car insurance costs, limit employment options, and cause travel restrictions in certain professions. It also remains on your driving record permanently. That’s why it’s critical to fight aggressively for the best possible outcome.
How soon should I contact a lawyer after my arrest?
Immediately. Waiting even a few days can harm your defense, especially since your license suspension review must be requested within ten days. The sooner I’m involved, the more options you have for a successful resolution.
Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
If you’ve been charged with DUI in Orlando or anywhere in Orange County, you have one chance to protect your record and your future. I understand the pressure and uncertainty you’re facing, and I’m ready to help you take control of your case today.
Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation.
Every decision you make now matters. Make the call that puts an experienced defense lawyer on your side and ensures that your rights are protected from day one.
