Understanding Your Rights, Florida DUI Laws, and How Attorney Beryl Thompson-McClary Can Protect Your Future
Orlando is a vibrant city filled with visitors, nightlife, and heavy traffic—conditions that make DUI arrests common throughout Orange County. Local law enforcement and the Florida Highway Patrol are vigilant when it comes to impaired driving, and the consequences of even a first-time DUI conviction can follow you for years.
As an Orlando DUI Defense Lawyer, I’ve seen how quickly an evening out can turn into a life-altering experience. Once you’re charged with driving under the influence, the next decisions you make can determine whether your record, your license, and even your freedom are at risk. That is why the question—“When should I hire a DUI defense attorney in Orlando?”—is one of the most important you’ll ever ask yourself.
I’m Attorney Beryl Thompson-McClary, and my firm represents clients facing DUI charges throughout Orlando and Orange County, Florida. If you’ve been arrested, cited, or even suspect that you may be under investigation for DUI, you should not wait. The earlier an attorney becomes involved, the stronger your defense will be. You can schedule a consultation with me by calling 1-888-640-2999.
Why You Should Hire a DUI Attorney in Orlando Immediately After an Arrest
Many people hesitate to call a lawyer right away because they think the evidence against them is overwhelming. Others believe that hiring a lawyer only becomes necessary if the case goes to trial. Both assumptions are wrong.
From the moment you are stopped, every interaction with police—from the initial conversation to field sobriety tests and chemical testing—creates potential issues that a seasoned DUI lawyer can identify and challenge. Officers must follow specific procedures outlined in Florida Statutes §316.193, and even minor errors can lead to evidence being thrown out or charges reduced.
A DUI Attorney in Orlando can step in immediately to:
- Challenge the legality of the traffic stop and arrest.
- Preserve key video and audio evidence before it disappears.
- Request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to fight your license suspension.
- Begin negotiating with the State Attorney’s Office to explore pretrial options.
The first ten days after a DUI arrest are critical. That is the deadline for requesting a hearing to challenge the automatic administrative suspension of your driver’s license. Missing that window can mean losing your driving privileges for months before you ever see a courtroom.
Florida’s Definition of DUI Under §316.193
Under Florida Statutes §316.193(1), a person is guilty of driving under the influence if they are driving or in actual physical control of a vehicle within the state and:
- Are under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties are impaired, or
- Have a blood-alcohol concentration (BAC) of 0.08 or higher.
“Actual physical control” doesn’t just mean driving—it can include sitting in a parked car with the keys nearby. That detail alone has resulted in countless arrests throughout Orange County.
This statute is the cornerstone of every DUI case in Florida. However, it must be read alongside constitutional requirements that police must respect—such as probable cause, lawful detention, and valid consent for chemical testing.
An Orlando DUI Defense Lawyer like me examines each piece of evidence for compliance with these requirements. When law enforcement fails to meet them, I use that failure to suppress evidence and weaken the state’s case.
Understanding the Penalties for DUI in Florida
The penalties for DUI convictions in Florida are severe and increase with each offense. Even a first conviction can affect your job, insurance, and future opportunities.
First DUI Offense
- Fine: $500 to $1,000
- Jail: Up to 6 months
- License suspension: 6 months to 1 year
- Vehicle impoundment: 10 days
- Mandatory DUI school and possible ignition interlock device
Second DUI Offense
If within five years of a prior conviction:
- Fine: $1,000 to $2,000
- Jail: Up to 9 months; mandatory 10 days minimum if within five years
- License suspension: 5 years (minimum 1 year of no driving)
- Ignition interlock device for at least 1 year
Third DUI Offense
- Can be charged as a felony if within 10 years of a prior DUI
- Fines up to $5,000
- Jail or prison up to 5 years
Fourth or Subsequent DUI
- Charged as a third-degree felony regardless of timeframe
- Up to 5 years in prison
- Permanent driver’s license revocation
These penalties are not only statutory—they also carry secondary consequences such as higher insurance premiums, professional licensing issues, and damage to reputation.
Why Choosing the Right Orlando DUI Defense Lawyer Matters
In Orlando’s busy criminal courts, prosecutors handle hundreds of DUI cases each month. Having an attorney who knows the local courts, judges, and prosecutors is a distinct advantage. I have represented clients in DUI cases across Orange County for years and understand how to approach each unique fact pattern.
My approach is hands-on. I analyze everything—the officer’s training records, maintenance logs for the breathalyzer, dash-cam footage, and your own recollection of events. Sometimes, the key to winning a case lies in a single overlooked detail.
When you hire me, you are not just getting legal representation—you are getting an advocate who will stand beside you at every stage, from administrative hearings to trial.
Call 1-888-640-2999 to schedule your consultation with me today.
Common Legal Defenses in Orlando DUI Cases
There is no one-size-fits-all defense to DUI charges. Each case has its own facts, and each requires a tailored strategy. Here are some of the most effective defenses under Florida law:
1. Unlawful Stop
Under both the U.S. and Florida Constitutions, police must have reasonable suspicion to pull you over. If the stop was based on a mere hunch or profiling, all evidence obtained afterward may be suppressed.
2. Faulty Field Sobriety Tests
Field tests such as the walk-and-turn or one-leg stand are subjective and influenced by weather, footwear, fatigue, and medical conditions. If these tests are improperly administered, their results can be challenged.
3. Breath Test Errors
Florida requires strict compliance with testing procedures under Florida Administrative Code Chapter 11D-8. Calibration errors, unqualified operators, or contamination can all invalidate a BAC reading.
4. Medical or Environmental Factors
Certain medical conditions—like diabetes or acid reflux—can cause false positives on breath tests. Environmental exposure to solvents or chemicals can also affect readings.
5. Violation of Constitutional Rights
If officers failed to read your Miranda rights or coerced a confession, any statements you made may be excluded from evidence.
Each of these defenses requires prompt investigation. That is why contacting an attorney early gives you the best chance to identify and preserve the right evidence.
The Court Process for DUI Cases in Orlando
After your arrest, you will face both administrative and criminal proceedings.
Administrative Hearing:
This is with the DHSMV to determine whether your license will be suspended. You must request this within 10 days. Without it, you could lose your license automatically, even before the criminal case is resolved.
Criminal Case:
You will have an arraignment where you enter a plea. Then, discovery begins—where both sides exchange evidence. Motions to suppress, motions to dismiss, or plea negotiations may follow.
If the case proceeds to trial, the prosecution must prove every element of DUI beyond a reasonable doubt. I focus on creating that doubt through careful preparation and cross-examination.
Why Early Legal Representation Changes Everything
The moment you hire me, I start protecting you from the small missteps that can hurt your defense—like speaking too freely with investigators or missing administrative deadlines. Early intervention also allows for potential resolution options such as:
- Pretrial diversion programs (available to some first-time offenders)
- Reduced charges (like reckless driving under §316.192)
- Mitigated sentencing through rehabilitation or treatment programs
Prosecutors are less likely to offer favorable terms once the case advances deep into the court process. That’s why waiting to hire a lawyer can be a costly mistake.
Real Case Example: Orlando DUI Reduced to Reckless Driving
A recent client was pulled over near International Drive for speeding. The officer claimed to smell alcohol and conducted a breath test showing 0.09 BAC—barely above the limit. After reviewing the breathalyzer’s maintenance records, I discovered it had not been properly calibrated for over a month.
I filed a motion to suppress the test results and challenged the legality of the stop. The State ultimately agreed to reduce the charge to reckless driving, sparing my client a criminal DUI conviction and lengthy license suspension.
Cases like this happen because early investigation reveals the truth hidden in the details.
How I Protect Your Rights as an Orlando DUI Defense Lawyer
When I take on your case, I look at every possible angle:
- Did the officer have probable cause?
- Were field tests properly explained and administered?
- Was the breathalyzer certified and calibrated?
- Were your constitutional rights upheld at every step?
By asking these questions early, I can develop a defense strategy aimed at dismissal, reduction, or acquittal.
I represent clients in Orlando, Winter Park, Ocoee, Apopka, Maitland, and across Orange County, and I handle cases in both the Orange County Courthouse and local traffic divisions.
Call 1-888-640-2999 to schedule your consultation today.
When You Should Hire a DUI Defense Attorney in Orlando
You should hire a DUI attorney as soon as possible—ideally, the same day you are arrested or cited. The following scenarios make immediate representation essential:
- You received a DUI citation or were arrested in Orlando or anywhere in Orange County.
- You were asked to perform field sobriety or breath tests.
- Your license was confiscated or you received a notice of suspension.
- You refused a breath test and now face enhanced penalties under Florida’s implied consent law (§316.1932).
- You have a prior DUI conviction or are on probation.
- You are a commercial driver or hold a professional license (nurse, teacher, real-estate agent, etc.).
The faster you act, the more options your defense attorney has to protect your license and record.
What Happens If You Wait Too Long
Delaying can cause serious harm to your case. Evidence like surveillance footage or witness statements can disappear. Administrative deadlines expire. And once prosecutors file formal charges, negotiation opportunities narrow.
Waiting also gives law enforcement and prosecutors more time to strengthen their case. Hiring an attorney early puts you back in control.
Protecting Your License and Future in Orlando DUI Cases
Your driver’s license is often suspended immediately after arrest. This administrative penalty is separate from your criminal case. To challenge it, your attorney must file a request for formal review within ten days.
Failing to act within that timeframe results in an automatic suspension—up to one year for a first refusal or eighteen months for a second. I make sure that request is filed on time and appear at the hearing to argue on your behalf.
Even if the license suspension stands, I can help you obtain a hardship license so you can continue driving to work or school.
Why Attorney Beryl Thompson-McClary Is the Right Choice
Clients come to me because they want someone who takes their situation personally. I understand what’s at stake—your freedom, career, and reputation. I have handled thousands of criminal cases in Central Florida and know the system inside and out.
My philosophy is simple: every client deserves a defense that fights back from the very start. I approach each DUI case with that same commitment.
You can contact me directly at 1-888-640-2999 to schedule a confidential consultation.
Orlando DUI Defense FAQs
What should I do immediately after being arrested for DUI in Orlando?
After a DUI arrest, remain calm and polite, but avoid discussing your case with officers. Request to speak with an attorney as soon as possible. The first ten days are crucial because that’s how long you have to challenge the automatic suspension of your license. Hiring a DUI Attorney in Orlando right away ensures those steps are taken on time and that important evidence is preserved, such as dash-cam recordings and breathalyzer calibration logs.
Is it possible to beat a DUI charge in Florida?
Yes, many DUI cases can be successfully challenged. The key lies in investigating whether the officer had probable cause, whether testing equipment was accurate, and whether your rights were respected. I’ve had cases dismissed or reduced because of procedural errors or unreliable evidence. Every case is different, but no case is hopeless when properly defended.
What if I refused the breath test?
Refusing a breath test triggers Florida’s implied consent law (§316.1932), which can result in an automatic license suspension of one year for the first refusal and eighteen months for the second. However, refusals can sometimes strengthen your defense in court if no other reliable evidence of impairment exists. I evaluate how the refusal impacts your administrative and criminal cases simultaneously.
Can I still drive after a DUI arrest?
Yes, but only temporarily. You can drive for ten days using your DUI citation as a temporary permit. To continue driving beyond that period, your attorney must request a formal review hearing with the DHSMV. If successful, you may qualify for a hardship license while your case is pending.
How long does a DUI stay on my record in Florida?
A DUI conviction in Florida remains on your driving record for 75 years and cannot be expunged. This is why avoiding a conviction through reduction, dismissal, or acquittal is so important. I focus on finding legal grounds to protect your record before it becomes permanent.
What happens at my first court appearance?
Your first appearance, or arraignment, is where you’re formally advised of the charges and your rights. You can enter a plea, but it’s best not to do so until you’ve spoken with a lawyer. A qualified Orlando DUI Defense Lawyer can often waive your appearance and begin negotiating with prosecutors immediately.
Can I represent myself in a DUI case?
Technically yes, but it is rarely wise. DUI law is complex, involving constitutional, administrative, and scientific issues. Without an attorney, you risk missing defenses that could change the outcome of your case. The penalties and long-term impact make professional representation essential.
Will my insurance rates increase after a DUI?
Almost certainly. A DUI conviction labels you as a high-risk driver, leading to significantly higher premiums or even policy cancellation. Avoiding a conviction is the best way to protect your insurance and financial future.
How do plea bargains work in DUI cases?
Prosecutors may offer a plea to a lesser charge like reckless driving under §316.192. This avoids a DUI conviction and can reduce license suspension and insurance consequences. I review all plea offers carefully and only recommend them if they truly serve your best interests.
Can a DUI affect my professional license?
Yes. Teachers, nurses, real-estate agents, and other licensed professionals may face disciplinary actions after a conviction. By resolving your case favorably or reducing the charge, I help minimize these collateral consequences.
Call Orlando DUI Defense Attorney Beryl Thompson-McClary at 1-888-640-2999 to Schedule a Consultation
If you’ve been charged with DUI in Orlando or anywhere in Orange County, don’t wait to find out how the system can work against you. Early legal representation can mean the difference between a conviction and a second chance. I am ready to review your case, explain your rights, and begin protecting your future today.
