Posts

,

Will I Lose My License After a DUI in Orlando?

Will I Lose My License After a DUI in Orlando?

Understanding Florida’s 10-Day Rule and How to Save Your Driving Privileges

A time-critical guide from an Orlando DUI Defense Lawyer who helps clients challenge suspensions throughout Orange County, Florida

Being arrested for DUI in Orlando triggers an immediate sense of panic for most people, and almost every client asks me the same question the moment they call: “Am I going to lose my license?” It’s understandable — losing the ability to drive affects your job, your children, your family responsibilities, and your independence. I’ve watched clients struggle deeply with this fear in the first hours after an arrest.

As an Orlando DUI Defense Lawyer, I want you to know one thing clearly: you are not powerless, but you must act fast. Florida’s laws move quickly, and what you do in the first 10 days determines whether you keep driving or face an automatic suspension. If your arrest took place anywhere in Orlando — near Downtown, UCF, the attractions, Winter Park, or anywhere in Orange County — I can guide you through the critical steps needed to protect your driving privilege.

If you need immediate help, you can call my office at 1-888-640-2999 to schedule a consultation. My firm does not offer free consultations, but you will get direct answers about how to protect your license.

Now let’s break down exactly what you need to know.

The Most Important Fact: You Only Have 10 Days to Act

Under Florida Statute § 322.2615, your driver’s license is automatically suspended the moment you are arrested for DUI, and that suspension begins whether you took the breath test or refused it.

Most people don’t realize this. They assume the suspension only happens if they are convicted in court. That isn’t the case.

You are facing two separate cases:

1. The Criminal DUI case

Handled in Orange County court.

2. The Administrative License Suspension (DHSMV)

Handled by the Florida Department of Highway Safety and Motor Vehicles.

These two systems are entirely different. The criminal judge cannot overturn the immediate suspension — only the DHSMV can. And that is why the 10-day clock is so important.

What Happens During the First 10 Days After Your Arrest

The date you were arrested counts as Day 1.

During these 10 days:

  • Your DUI citation acts as your temporary driving permit (for limited purposes).
  • You can still drive legally in most cases.
  • You must decide whether to challenge the suspension with the DHSMV.

If you do nothing, your suspension begins automatically once the 10 days expire.

This is why calling an attorney early — ideally within the first 24 hours — is crucial. When clients contact me immediately, I file the necessary paperwork the same day.

Types of Administrative Suspensions in Florida

Florida has two types of administrative suspensions for DUI:

1. Breath Test Over 0.08 (Failure)

Suspension:

  • 6 months for a first offense
  • 1 year for a second or more

Courts see these as “failures,” and the DHSMV enforces them strictly.

2. Refusal to Take a Breath Test (Refusal)

Suspension:

  • 1 year for a first refusal
  • 18 months + separate misdemeanor charge for a second refusal

Refusal suspensions can be more damaging than test failures, and they often require an aggressive defense approach.

When clients come to me with a refusal case, I examine:

  • how the officer explained the test
  • whether the implied-consent warning was read correctly
  • whether there was confusion
  • whether the officer recorded the refusal properly
  • whether the refusal was even a refusal at all

I have overturned many suspensions because the officer did not follow the proper procedure.

How I Challenge the Suspension During the First 10 Days

You have two choices after a DUI arrest. Understanding these options is essential.

Option 1: Request a Formal Review Hearing

This is the most common and the most powerful option.

When I file this request, the DHSMV:

  • issues a temporary driving permit (in most cases)
  • schedules a hearing within 30 days
  • requires the arresting officer to appear
  • allows me to challenge every part of the stop, arrest, and testing

At the hearing, I can:

  • question the officer
  • challenge the breath-test reliability
  • expose procedural errors
  • present evidence
  • attack the legality of the stop

If we win the hearing, the suspension is thrown out entirely.

This happens more often than people think. Many police agencies in Orlando make mistakes in:

  • body-cam procedures
  • HGN testing
  • observation periods
  • breath-machine documentation
  • implied-consent warnings
  • record-keeping
  • probable cause

A strong challenge can expose these errors quickly.

Option 2: “Waive” the hearing and apply for a hardship permit

If you choose this path:

  • You do not challenge the suspension.
  • You avoid a formal hearing.
  • You may become eligible sooner for a restricted license, depending on your record.

This option is not always the best choice because you give up the ability to fight the suspension.

I rarely recommend waiving the hearing unless the evidence is unusually strong against you. Most clients are far better off challenging the suspension, especially since winning the hearing offers major benefits later in the criminal case.

What Happens During a DHSMV Formal Review Hearing

This hearing is not held in court. It occurs at a DHSMV office in Orlando or nearby. A hearing officer — not a judge — presides. There is no jury, and the rules are less formal than in a courtroom, but these hearings are critical.

At the hearing, I can:

  • subpoena the arresting officer
  • question the officer about the stop
  • expose inconsistencies between reports and video
  • review breath-test logs
  • pull inconsistencies from the refusal documentation
  • present defense evidence

The hearing officer then decides whether the suspension should stand.

Winning the hearing does not dismiss the criminal case, but it does:

  • restore your full driving privileges
  • put you in a stronger position for negotiations
  • help us identify weaknesses we can use later
  • create sworn testimony from the officer that can benefit the criminal case

I rely heavily on these hearings to build the defense strategy.

How I Overturn Suspensions in Orlando DUI Cases

Overturning a DUI suspension requires more than filing paperwork. It demands careful analysis of what the officer did — and did not — do.

Common reasons suspensions get overturned:

1. The officer failed to follow proper breath-test procedures

This includes:

  • no proper observation period
  • incorrect instructions
  • expired machine calibrations
  • missing maintenance logs
  • operator certification issues

Even one missing log entry can be enough to win.

2. The implied-consent warning was read incorrectly

Florida’s implied-consent language is strict. Any deviation from it can be grounds for overturning a refusal suspension.

3. The officer lacked reasonable suspicion to make the stop

If the video does not show what the officer claims — weaving, lane issues, speed problems — the hearing officer may dismiss the suspension.

4. The arrest lacked probable cause

Signs of impairment must be more than:

  • nervousness
  • slight hesitation
  • fatigue
  • balance issues from footwear
  • momentary fumbling

I frequently use body-cam footage to show that the officer exaggerated or misinterpreted behavior.

5. The refusal was not actually a refusal

People often “refuse” because:

  • they didn’t understand the instructions
  • the officer spoke too quickly
  • language barriers existed
  • medical issues interfered
  • they were interrupted during the explanation

I challenge these aggressively.

What You Should Do in the First 24 Hours to Save Your License

If your arrest just happened, here’s what I tell every client:

1. Gather your paperwork

Your citation and Notice of Suspension contain key dates and legal details.

2. Write down everything you remember

Details fade, and early notes help me later.

3. Do not discuss the case with others

Avoid talking to anyone except your attorney.

4. Call a DUI attorney immediately

The 10-day window is unforgiving.

When clients call me within the first 24 hours, I can:

  • stop the suspension from going active
  • secure temporary driving privileges
  • begin preparing for the hearing
  • subpoena the arresting officer
  • request video before it’s overwritten
  • analyze the case while details are fresh

Waiting several days can make the process more difficult.

Hardship Permits: Who Qualifies and How They Work

Even if you lose the DHSMV hearing, you may still qualify for a hardship license. Florida recognizes two types:

1. Business Purposes Only (BPO)

Permits driving for:

  • work
  • school
  • medical care
  • church
  • necessary household errands

2. Employment Purposes Only (EPO)

Strictly limits driving to employment.

Requirements for a Hardship License

Depending on your situation, you may need to:

  • enroll in DUI school
  • complete a portion of the suspension
  • demonstrate eligibility
  • avoid refusal suspensions (sometimes required)

I help clients prepare the correct documents, schedule DUI school, and apply with the proper justification.

Hardship permits are often lifesavers for clients who must drive for work — and many people qualify with the right guidance.

A Realistic Example: “Natalie R.”

Natalie, a 42-year-old Orlando resident, was arrested near International Drive after an officer claimed she failed to maintain her lane. She blew 0.089 on the first reading and 0.090 on the second.

Her job required driving daily.

When she called me, she was terrified of losing her license.

I immediately:

  • filed the formal review request
  • secured her temporary permit
  • subpoenaed the officer
  • requested the breath-machine maintenance logs

During the hearing, I discovered:

  • the officer failed to observe Natalie continuously for the required time
  • the breath machine had been flagged for inconsistent readings the week before
  • the video showed clean lane movement

The hearing officer invalidated the suspension.

Natalie kept her license and avoided a damaging interruption to her career.

How I Help You Keep Your License

When clients hire me right away, I take the following steps:

  • file the DHSMV petition
  • obtain temporary driving privileges
  • analyze all documents
  • request video footage
  • review breath-test logs
  • identify weaknesses
  • build a strategy for court

No part of the process is outsourced or rushed. I handle every detail myself because the stakes are too high to leave anything to chance.

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

If you were arrested for DUI in Orlando or anywhere in Orange County, the first 10 days are critical. You may be able to save your driver’s license, but only if you act quickly. I am available to evaluate your case, explain your options, and take immediate steps to protect your driving privileges. Call 1-888-640-2999 to schedule your consultation.

/by
,

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

/by