The Top 3 DUI Myths

By: John Guidry II

There are three common myths surrounding Florida DUI’s, and we’re going to cover them in this video. If you’ve been arrested for DUI, you may wonder about these issues, so let’s dive into it.

I’m doing this video because DUIs can be illogical and counterintuitive. The first myth about DUIs has evolved from folks calling this crime “drunk” driving. On a DUI, the prosecutor doesn’t need ot prove that you were drunk, they only need to prove that your normal faculties were impaired, or that you blew over a 0.08. And, these topics have had entire books written about them, or well, at least small e-books.

Anyway, a DUI charge isn’t a drunk driving charge, its just impaired driving that gets you convicted of DUI. The next myth involves “driving”. Even though the charge is “driving” under the influence, the prosecutors don’t need to prove that you were driving the car. The prosecutor only has to prove that you had actual physical control of the car.

This is especially sad for the folks that are just tired after having some drinks and dinner so they take a little nap in their car only to be woken up by a cop–and arrested for DUI. Now, I know what you’re thinking, several country songs suggest sleeping it off in your car, I get that, but you can’t take legal advice from a country song, I’m just saying. Again, it is crazy that you can have a “driving” under the influence conviction without ever being caught driving, but that’s the law.

And if you think that’s bad, you can get a DUI just riding a bicycle on the street. No, not a motorcycle, just a bike like you had as a kid. Pedal power But if you’re drunk riding a bike, you can still get a DUI. Again, its crazy because who says they’re “driving” a bike? Do cops pull over elementary school kids and issue them citations for not having a “driver’s license” for “driving” a bike? No. You don’t drive a bike, you ride a bike.

You shouldn’t be able to get a driving under the influence riding a bike. But, I don’t write the laws, I just defend those accused of breaking them. I’m John Guidry, and if you’re facing a DUI in Orange County, Seminole, Brevard, Lake, or Osceola County, give me a call, let’s see if we can help you out (I’m sure we can!).

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.