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in Orlando, FL
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DUI Lawyers Orlando, FL
What is a DUI?
In Florida, the legal blood alcohol content level is 0.08. Once you reach this level you might start experiencing symptoms that can lead to dangerous driving conditions. If you are found driving while having a BAC level of 0.08 or higher then you can be arrested for a DUI. Driving while under the influence is a serious offense and can be left on your record for up to 70 years.
What Happens Next
1. Arrest
Pulled over, field sobriety tests, breathalyzer, and arrest
2. Booking
Taken to jail, fingerprinted, photographed, and processed
3. DMV 10-Day Deadline
You have 10 days to request a hearing to challenge license suspension
4. Arraignment
First court appearance where you enter a plea
5. Negotiation
Your attorney negotiates with prosecutors for reduced charges
6. Trial or Dismissal
Case may be dismissed, resolved through plea agreement, or go to trial
How We Defend DUI Cases
We use multiple strategies to challenge DUI charges:
Illegal Traffic Stop
Police must have reasonable suspicion. If the stop was unlawful, evidence may be suppressed.
Faulty Breath Tests
We challenge calibration records, maintenance logs, and operator training.
Improper Field Sobriety Tests
Nervousness, road conditions, and medical conditions can affect results.
Rising Blood Alcohol Defense
Your BAC may have risen between driving and the test. We use expert witnesses.
Medical Conditions
GERD, diabetes, and acid reflux can produce false positive breathalyzer results.
Suppression Motions
We file motions to suppress illegally obtained evidence, often leading to dismissal.
DUI Conviction Penalties
First DUI
Fine: $500-$1,000 | Jail: up to 6 months | Probation: up to 1 year | Vehicle impounded: 10 days
Second DUI
Fine: $500-$1,000 | Jail: up to 9 months | Ignition interlock: min. 1 year | License suspended: up to 1 year
Third DUI
Fine: $2,000-$5,000 | Prison: up to 5 years | License revoked: min. 10 years
Fourth DUI
Fine: min. $2,000 | Prison: up to 5 years | License permanently revoked
Felony DUI
Third degree felony | Up to 5 years prison | Permanent record impact
Additional DUI Charges We Handle
Beyond standard DUI charges, we defend against:
- DUI with Property Damage – Enhanced penalties for causing damage
- DUI with Serious Bodily Injury – Felony charges and significant penalties
- DUI Manslaughter – Death caused by impaired driving
- Underage DUI – Strict liability for drivers under 21 with any BAC
- CDL DUI – Commercial driver’s license suspensions and career consequences
- Boating Under the Influence – BUI charges on waterways
- Refusal Cases – Breath or blood test refusal charges
- Drug DUI – DUID charges for controlled substances
FR-44 Form & Hardship License
FR-44 Form
If convicted, you must file an FR-44 (“financial responsibility”) form. Your insurance can raise rates for a minimum of three years.
Hardship License
A temporary, restricted license obtained during suspension. An experienced DUI lawyer can help you obtain one to maintain day-to-day transportation.
Refusing a Breathalyzer
First Refusal: Not a crime. You can only be charged with the original DUI.
License Loss: You won’t automatically lose your license, but you must challenge it within 10 days.
DMV Decision: The DMV (not the officer) revokes your license.
Passing the Test: Even if you pass, you remain under arrest for DUI.
Frequently Asked Questions
Call a DUI attorney immediately. Do not answer questions beyond basic identification without legal representation. Request to speak with your attorney before any questioning. If your license was taken, you have 10 days to request a DMV hearing or your license will be automatically suspended.
The DMV suspension and the criminal charge are two separate cases. You must request a formal review hearing within 10 days of arrest to fight the license suspension — regardless of what happens in criminal court. Missing this deadline means automatic suspension.
Yes, in most cases. Unless restricted by bond conditions, you can generally travel domestically while your case is pending. International travel may be more complicated. Always consult your attorney before making travel plans.
Possibly. If your DUI is reduced to reckless driving and adjudication is withheld, that charge may be eligible for expungement. A straight DUI conviction cannot be expunged in Florida. This is one reason fighting for a reduction from the start is so important.
Florida DUI Laws
Implied Consent Law
By driving in Florida, you consent to breath and blood tests.
BAC Limits
Legal limit is 0.08% for drivers 21+. Enhanced penalties at 0.15%+.
Field Sobriety Tests
NHTSA-approved tests must be administered properly. Errors often lead to dismissal.
Ignition Interlock Devices
Required for certain convictions. We may negotiate to avoid installation.
Administrative Suspension Hearings
You have 10 days to challenge license suspension before it takes effect.
Counties We Serve
Orange County
Orlando, Winter Park, and surrounding areas.
Hillsborough County
Tampa and Tampa Bay area courts.
Seminole County
Sanford, Altamonte Springs, Lake Mary.
Osceola County
Kissimmee and Osceola County courts.
Polk County
Lakeland, Winter Haven, and surrounding areas.
Brevard County
Melbourne, Cocoa, and Space Coast.
Meet Your DUI Defense Team
What Our Clients Say
Why Choose Smith & Eulo?
20+ Attorneys – Full team of experienced criminal defense lawyers
15+ Florida Offices – Serving defendants throughout the state
Thousands of Cases Handled – Decades of combined experience
Board Certified Criminal Trial Lawyer – Recognized expertise in criminal law
Available 24/7 – We answer when you need us most
Case Results
DUI Dismissed – Breath test excluded due to improper calibration
Reckless Driving Reduction – DUI reduced to reckless driving saving client’s license
License Saved – Won administrative hearing keeping client’s driving privileges
Case Dismissed – Unlawful traffic stop resulted in full dismissal
500+ DUI Cases – Successfully resolved throughout Florida
Consequences Beyond Court
Employment: Background checks will show your DUI. Can affect job prospects and advancement.
Professional Licenses: Doctors, lawyers, nurses face disciplinary action from licensing boards.
Immigration: Non-citizens face potential deportation or denial of citizenship.
Insurance: Rates increase significantly. FR-44 filing is mandatory.
Military: Active duty and veterans may lose security clearances.
Related Charges
DUI charges often come with related offenses. We defend against all of them:
Reckless Driving – Often a reduced charge we negotiate toward
Leaving the Scene – Hit and run charges accompanying DUI
Driving With Suspended License – Common secondary charge
Vehicular Homicide – Serious felony requiring expert defense
Drug Crimes – Possession charges often found alongside DUI
Ultimate DUI FAQ
Yes. DUI charges can be dismissed if the traffic stop was unlawful, the breathalyzer was improperly calibrated, field sobriety tests were administered incorrectly, or if there are other procedural violations by law enforcement. An experienced DUI attorney can identify these issues and file motions to suppress evidence or dismiss the case entirely.
Florida’s Implied Consent Law means refusal has consequences, but the first refusal is not a crime. You will not automatically lose your license — you have 10 days to request a hearing. However, refusal can be used against you in court. Consult an attorney immediately after arrest before making any decisions.
Not necessarily. You have 10 days from the date of arrest to request a formal review hearing with the DHSMV to challenge the suspension. If you win the hearing, you keep your license. Even if you lose, a hardship license may be available. Act immediately — missing the 10-day window waives your right to a hearing.
In Florida, a DUI conviction stays on your driving record for 75 years — effectively a lifetime. It cannot be expunged or sealed. This is why fighting the charge aggressively from the start is critical. A reduction to reckless driving, however, may be eligible for expungement.
Yes. A hardship license (also called a business purpose only or employment purpose license) allows limited driving during a suspension for work, school, church, or medical appointments. Eligibility depends on your offense history and whether you enroll in DUI school. An attorney can help you obtain one quickly.
Attorney fees vary based on the complexity of your case. Smith & Eulo offers free initial consultations and flexible payment plans. The cost of not having an attorney — a conviction, license loss, insurance increases, and a permanent record — far exceeds legal fees in most cases.
A .08 result is the legal threshold, but it is not automatic proof of guilt. Breathalyzers have a margin of error, and your BAC may have been below .08 while actually driving due to the rising blood alcohol defense. We can challenge the reliability of the test result and the timing of the test.
Yes. Certain medications, medical conditions like GERD or acid reflux, and even some foods can cause falsely elevated breathalyzer readings. We work with expert witnesses to challenge test results influenced by medical conditions or prescription medications.
Yes. A DUI conviction can have serious immigration consequences including deportation, denial of naturalization, or inadmissibility. Non-citizens facing DUI charges should consult both a criminal defense attorney and an immigration attorney immediately.
Commercial drivers face stricter DUI standards — a BAC of just 0.04% while operating a commercial vehicle is illegal. A DUI conviction can result in a one-year CDL disqualification for a first offense and a lifetime disqualification for a second offense, effectively ending your career. Immediate legal help is critical.
Contact Us Today For Your Free Consultation
If you’re being accused of DUI, call us right away. Available 24/7, free consultation, and payment plans available.
What To Do Right Now
Don’t plead guilty yet. Many DUI charges can be dismissed or reduced.
Write everything down. Document the arrest details while they’re fresh.
Preserve evidence. Dashcam footage, witnesses, receipts, medical records.
Call us immediately. The 10-day DMV deadline starts at arrest.
Related Resources
DUI Checkpoints in Florida – Know your rights at checkpoints
How Breathalyzers Work – Understanding the science and potential errors
DUI Blood Tests – Challenging test accuracy
DUI vs Reckless Driving – Differences and defense strategies
DUI and Immigration – Critical information for non-citizens
