What to Do After a DUI Arrest in Orlando?

Being arrested for Driving Under the Influence (DUI) in Orlando can be overwhelming and confusing—especially if it’s your first encounter with the criminal justice system. You may be unsure about what steps to take, what your rights are, and how the outcome could affect your life going forward. While every DUI case is unique, understanding the process and your options can help you make informed decisions without delay.

What Legally Constitutes a DUI in Florida?

Under Florida Statute § 316.193, a person can be charged with DUI if they are found driving or in actual physical control of a vehicle while:

• Their blood alcohol concentration (BAC) is 0.08% or higher, or
• Their normal faculties are impaired by alcohol or controlled substances.

Florida has zero tolerance for underage drivers, meaning anyone under 21 with a BAC of 0.02% or higher may face DUI-related penalties.

Keep in mind: DUI arrests in Florida are not limited to alcohol. Being under the influence of marijuana, prescription drugs, or other controlled substances can also lead to a charge, even if your BAC is below 0.08%.

What Happens During and After a DUI Arrest in Orlando?

The Traffic Stop and Field Sobriety Tests

Law enforcement must have reasonable suspicion to pull you over. Common reasons include swerving, running a red light, or driving too slowly. Once stopped, an officer may ask questions, observe your behavior, and request that you perform field sobriety tests.

These tests could include:

• The walk-and-turn
• One-leg stand
• Horizontal gaze nystagmus (eye test)

Officers may also administer a breathalyzer test or request a blood or urine sample to determine your BAC. Florida’s implied consent law means that by driving in the state, you’ve agreed to submit to chemical testing if lawfully arrested. Refusing to take these tests can result in an automatic license suspension, even if you’re not ultimately convicted.

Booking and Detention

If the officer believes they have probable cause, you will be arrested and transported to the local jail or police station. You’ll be photographed, fingerprinted, and formally charged.

Most DUI suspects in Orlando are released within 24 hours if bail is posted or if the person qualifies for release on recognizance (ROR). At this point, you’ll be given information about your court date and any other conditions of release.

Florida’s 10-Day Rule: Don’t Miss This Crucial Deadline

After a DUI arrest, your driver’s license is likely suspended immediately if:

• You refused to take a chemical test, or
• Your BAC was 0.08% or higher

From the date of arrest, you have 10 calendar days to request a Formal Review Hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). This hearing is your only chance to challenge the administrative license suspension.

Failing to act within this window will result in your license being automatically suspended, even if you win your criminal DUI case later.

Many people opt to apply for a hardship license during this 10-day period, which may allow limited driving for work, school, or essential errands. This process requires enrollment in a state-approved DUI school.

DUI Penalties in Florida

The consequences of a DUI conviction in Orlando can vary significantly depending on your prior history, BAC level, and whether any aggravating factors were present.

First Offense

• Fines: $500–$1,000
• Jail: Up to 6 months
• License Suspension: 6–12 months
• Probation: Up to 1 year
• DUI School and substance abuse evaluation
• Community service and potential vehicle impoundment

Second Offense (within 5 years)

• Fines: $1,000–$2,000
• Jail: Up to 9 months
• Mandatory Ignition Interlock Device (IID) for at least 1 year
• Minimum 5-year license suspension
• 10-day vehicle impoundment

Third Offense (within 10 years)

• Considered a third-degree felony
• Up to 5 years in prison
• $2,000–$5,000 in fines
• Mandatory IID for 2 years

Other aggravating factors, such as a BAC of 0.15% or higher, minor passengers, or causing injury or death, will lead to harsher penalties. DUI with serious bodily injury can be charged as a felony, carrying more severe consequences.

What to Do After a DUI Arrest in Orlando

If you’ve been arrested for DUI, your actions in the hours and days that follow are critical.

1. Remain Silent and Be Polite

You have a constitutional right to remain silent. Politely decline to answer questions beyond providing basic identification. What you say can be used against you.

2. Secure Legal Representation

Hiring a skilled Orlando DUI attorney can make a significant difference in the outcome of your case. An experienced lawyer can:

• Analyze the legality of the stop
• Challenge test results or officer procedures
• Represent you at your DMV hearing
• Negotiate for reduced charges or dismissal
• Help apply for hardship licenses

3. Act Quickly on License Suspension

As mentioned, the 10-day deadline to challenge your license suspension is critical. Work with your attorney immediately to initiate this process.

4. Document the Event

Write down everything you remember from the stop, arrest, and testing. Include times, locations, officer names, statements made, and anything unusual. These details can help your lawyer identify possible defenses.

5. Attend DUI School (If Applicable)

Early enrollment in a DUI education program may show good faith to the court and could be necessary for license reinstatement or hardship approval.

Long-Term Consequences of a DUI Conviction

A DUI conviction in Florida goes beyond just legal penalties. It can have lasting effects on:

• Employment opportunities
• Professional licenses (nurses, teachers, commercial drivers)
• Auto insurance rates (which may skyrocket)
• Travel eligibility to certain countries (like Canada)
• Credit or loan applications

A conviction also becomes part of your permanent criminal record unless sealed or expunged—something not typically available for DUI convictions in Florida.

Why Hiring a Local Attorney Matters

Being charged with a DUI doesn’t automatically mean you’re guilty—or that your future is ruined. But time is not on your side. The earlier you take action, the more options you may have for avoiding or minimizing the consequences.

If you or someone you know has been arrested for DUI in Orlando, contact Longwell Lawyers today at (407) 537-5597. Our team of seasoned attorneys is ready to stand by your side, challenge weak evidence, and help you fight for the best possible result.

Don’t leave your future to chance. Call now and take the first step toward protecting your rights and your reputation.

 

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.