Orlando DUI Defense Lawyer Beryl Thompson-McClary Explains Your Rights, Next Steps, and Legal Options Under Florida Law
Arrested for DUI in Orlando? Your Next Move Could Change Everything
If you were arrested for driving under the influence in Orlando or anywhere in Orange County, you’re facing one of the most stressful moments of your life. Orlando’s busy nightlife districts, from Downtown to International Drive, are routinely patrolled by law enforcement agencies like the Orlando Police Department, the Orange County Sheriff’s Office, and the Florida Highway Patrol. DUI arrests are common here, but what happens after an arrest can vary greatly depending on the steps you take in the hours and days that follow.
My name is Attorney Beryl Thompson-McClary, and as an experienced DUI Attorney in Orlando, I have represented countless clients facing both misdemeanor and felony DUI charges. I know how fast things move once you’ve been arrested. Evidence can be lost, deadlines can pass, and rights can be waived without you realizing it. If you act quickly and get qualified legal representation, you can dramatically improve your outcome.
At my firm, I handle DUI defense cases across Orange County, including Orlando, Winter Park, Apopka, Ocoee, and Maitland. You can call me directly at 1-888-640-2999 to schedule a confidential consultation and discuss your specific case.
Understanding Florida’s DUI Laws
Under Florida Statutes §316.193, driving under the influence occurs when a person is driving or in actual physical control of a vehicle while:
- Having a blood alcohol concentration (BAC) of 0.08% or higher, or
- Impaired by alcohol, chemical substances, or controlled substances to the extent that their normal faculties are impaired.
This statute applies regardless of whether the officer claims you were “only slightly impaired.” The law gives prosecutors broad power, but it also creates opportunities for skilled defense. The moment you are arrested, the prosecution begins building a case — and so should you.
Step One: Exercise Your Right to Remain Silent
One of the first mistakes people make after an arrest is trying to “explain” what happened to police. Officers often sound understanding, but their job is to collect evidence. Anything you say, even if it sounds harmless, can be used against you later.
If you’ve been arrested, the most important thing you can do is stay calm, stay polite, and stop talking. Clearly state that you wish to speak to your attorney, and do not answer further questions. As your Orlando DUI Defense Lawyer, I can immediately step in to protect your rights and begin addressing the charges.
Step Two: Request a Formal Review Hearing with the DHSMV
When you are arrested for DUI in Florida, your driver’s license is automatically suspended if you either refuse a breath, blood, or urine test or blow over 0.08%. The officer will issue you a temporary 10-day driving permit.
You only have 10 calendar days from your arrest to request a Formal Review Hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you miss that deadline, your suspension will take effect automatically.
At this hearing, evidence is reviewed to determine whether your suspension should remain in effect. I routinely handle these administrative hearings for clients in Orlando and can request the hearing, represent you, and preserve your ability to drive while we fight the criminal case.
Step Three: Secure Legal Representation Immediately
DUI cases move fast in Orange County courts. The prosecutor receives your case file shortly after arrest, and the clock starts ticking toward your arraignment. Without legal counsel, you could miss opportunities to challenge evidence early — such as a motion to suppress an illegal stop, invalid field sobriety tests, or faulty breathalyzer calibration records.
As an experienced DUI Attorney in Orlando, I immediately obtain the police reports, video evidence, and breath test logs to identify inconsistencies and errors. Many DUI arrests in Florida are dismissed or reduced because officers failed to follow strict procedures required under Florida Administrative Code Rule 11D-8, which governs breath testing standards.
Step Four: Document Everything You Remember
Write down everything that happened before, during, and after your arrest. Include details like:
- Where you were stopped and what the officer said
- Whether your headlights, turn signals, or lane changes were mentioned
- How the field sobriety tests were conducted
- The timing and manner of any breath or blood test
Even small details — like uneven pavement or flashing police lights — can make a difference. As your attorney, I use this information to cross-examine officers and expose contradictions in their reports.
Step Five: Understand the Possible Penalties
A first-time DUI in Florida is a misdemeanor, but it still carries serious penalties under §316.193(2)(a), including:
- Up to 6 months in jail
- Up to $1,000 in fines
- Mandatory license suspension (6–12 months)
- Probation and community service
- Vehicle impoundment
- Mandatory DUI school
If your BAC was 0.15% or higher, or a minor was in the vehicle, penalties increase — including up to 9 months in jail and ignition interlock device installation.
A second or third DUI carries harsher penalties, and a fourth DUI is a felony with the possibility of state prison.
Step Six: Know How a DUI Affects Your Record and Future
A DUI conviction in Florida cannot be sealed or expunged. Once convicted, it remains on your record for life. This can affect employment, housing, and even insurance rates. That’s why hiring an attorney early is so critical — it may be possible to have your charges reduced to reckless driving under §316.192, or even dismissed entirely if the state’s case is weak.
Step Seven: Possible Defenses in an Orlando DUI Case
Every case is different, but common defenses include:
- Illegal traffic stop: The officer must have reasonable suspicion to pull you over.
- Improper field sobriety tests: These are subjective and often administered incorrectly.
- Faulty breathalyzer results: Breath testing equipment must be properly maintained and calibrated.
- Lack of actual physical control: Merely being near a vehicle doesn’t always mean you were driving.
- Medical or physical conditions: Fatigue, anxiety, or medical issues can mimic signs of impairment.
I’ve successfully challenged DUI arrests in Orange County by carefully examining every procedural step law enforcement took. Even small procedural errors can lead to evidence suppression — often resulting in dismissal.
Step Eight: Attend All Court Dates and Stay Informed
Missing court dates can result in a bench warrant and additional penalties. As your Orlando DUI Defense Lawyer, I appear in court on your behalf whenever possible and keep you informed of every development. This allows you to continue your daily life while I handle the legal side.
Why Choose Beryl Thompson-McClary for DUI Defense
- Local Knowledge: I have years of experience defending DUI cases in Orange County and throughout Central Florida, including in the Orange County Courthouse on North Orange Avenue.
- Aggressive Defense: I challenge every piece of evidence — from probable cause to breath testing procedures.
- Client Communication: I take time to explain every step, so you understand what’s happening.
- Results-Oriented Representation: My goal is to secure the best possible outcome — whether that’s dismissal, reduction, or alternative sentencing.
If you’ve been arrested for DUI, do not wait. Contact me at 1-888-640-2999 to schedule a private consultation.
Case Example: DUI Reduced to Reckless Driving
A client from Winter Park was stopped for “weaving” and submitted to field sobriety tests after having dinner and two glasses of wine. The officer’s video showed poor lighting, uneven pavement, and unclear instructions. My investigation revealed that the breathalyzer was not properly calibrated within the required time period under Rule 11D-8.006(1).
After filing a motion to suppress the breath test and cross-examining the arresting officer, the prosecution agreed to reduce the DUI to reckless driving with adjudication withheld, saving my client’s license and job.
Your Rights Under Florida Law
Under the Fifth Amendment and Article I, Section 9 of the Florida Constitution, you have the right to remain silent and the right to counsel. Florida law also protects you against unlawful searches and seizures under §901.15. Exercising these rights early can significantly strengthen your defense.
If law enforcement violated your rights — for example, by making an unlawful stop, conducting an illegal search, or failing to advise you properly of implied consent consequences — the evidence they collected may be suppressed.
Step Nine: Avoid Common Mistakes After a DUI Arrest
- Don’t post about your arrest online. Anything you say on social media can end up in the prosecutor’s hands.
- Don’t ignore your court paperwork. You’ll receive an arraignment notice — missing it can result in a warrant.
- Don’t drive with a suspended license. This can lead to new criminal charges.
- Don’t assume you have to plead guilty. Many cases can be challenged successfully with the right defense strategy.
Step Ten: The Importance of Acting Quickly
Time is critical after a DUI arrest in Orlando. Every day that passes can affect your ability to fight your case effectively. Witness memories fade, surveillance footage can be erased, and administrative deadlines expire. Calling an experienced DUI Attorney in Orlando as soon as possible allows you to preserve evidence and take proactive steps toward protecting your freedom and future.
Frequently Asked Questions About DUI Arrests in Orlando
What is the difference between a DUI arrest and a DUI conviction in Florida?
A DUI arrest occurs when law enforcement believes you were impaired and takes you into custody. A conviction happens only if you plead guilty or are found guilty in court. Many arrests do not lead to convictions because the evidence can be challenged. With the help of an Orlando DUI Defense Lawyer, you may be able to have charges dismissed or reduced.
Can I refuse to take a breath test?
Under Florida’s implied consent law (§316.1932), all licensed drivers agree to submit to a lawful breath, blood, or urine test when arrested for DUI. You can refuse, but doing so results in an automatic one-year license suspension for a first refusal and 18 months for subsequent refusals. However, refusing a test may also make it harder for prosecutors to prove impairment beyond a reasonable doubt.
What happens at the first court appearance after a DUI arrest?
This is called an arraignment. The judge will read the charges against you, and you can enter a plea of guilty, not guilty, or no contest. As your attorney, I can often appear on your behalf, saving you from having to attend. Entering a “not guilty” plea allows time to review the evidence, negotiate with the prosecutor, and prepare your defense.
Can a DUI be reduced to reckless driving?
Yes, under Florida Statute §316.192, prosecutors may agree to reduce a DUI to reckless driving in certain cases. This is known as a “wet reckless.” It carries fewer penalties and doesn’t automatically suspend your license. A skilled defense attorney can negotiate this reduction by showing flaws in the state’s case.
What happens if I’m under 21 and arrested for DUI in Orlando?
Florida has a zero-tolerance policy for drivers under 21. If your BAC is 0.02% or higher, your license can be suspended for 6 months under §322.2616 — even if you weren’t impaired. I’ve helped young drivers protect their future by challenging these administrative suspensions and fighting the underlying charges.
Can I drive after my DUI arrest?
Yes, but only temporarily. The citation issued by the officer acts as a 10-day driving permit. You must request a formal review hearing within those 10 days to continue driving legally. Failing to request the hearing means your license will be suspended automatically.
How does a DUI affect my job or professional license?
A DUI conviction can affect professional licensing, background checks, and even your insurance premiums. For certain professions — like healthcare, education, or law enforcement — it may trigger mandatory reporting or disciplinary actions. That’s why defending the case effectively from the beginning is essential.
Will I have to install an ignition interlock device?
If your BAC was 0.15% or higher, or if a minor was in the vehicle, Florida law requires an ignition interlock device for at least six months upon conviction. For second and third offenses, installation is mandatory for one to two years.
How long does a DUI case take in Orlando?
Most DUI cases take three to six months, depending on whether motions are filed or trial becomes necessary. Complex cases — especially those involving accidents or injuries — can take longer. My goal is always to move the case efficiently while protecting your rights.
Do I have to appear in court if I hire a DUI attorney?
Not always. In most misdemeanor DUI cases, I can appear on your behalf for initial hearings. This minimizes disruption to your work and daily life while allowing me to handle your case directly with the court and prosecutor.
Contact Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you or someone you love has been arrested for DUI in Orlando or anywhere in Orange County, don’t wait. Your driver’s license, reputation, and freedom are at stake. I have years of experience defending DUI charges across Central Florida, and I know how to identify weaknesses in the prosecution’s case.
Call 1-888-640-2999 today to schedule a private consultation with Orlando DUI Defense Attorney Beryl Thompson-McClary and start protecting your future.
