Frequently Asked Questions - (FAQ's)

DUI

Can I still drive after a DUI arrest in Central Florida?

Yes, but your time is extremely limited. In Florida, your physical traffic citation acts as a temporary 10-day driving permit from the date of your arrest, provided your license was otherwise valid. To keep driving after those 10 days, you must take action within that strict 10-day window.

As an Orlando criminal defense attorney (since 1993, by the way…), I guide clients through their two main options at the Bureau of Administrative Reviews (BAR):
• Waive the formal review hearing: If eligible, you can immediately apply for a ‘hardship license’ to maintain uninterrupted driving privileges for work or school. This is the option I most common option, but you must chat with your attorney to make sure this is the best option for you.
• Request a formal review hearing: Challenge the administrative suspension entirely to fight for your full license back.

Missing this 10-day deadline results in an automatic, hard suspension where you cannot drive at all. If you prefer watching videos to reading, check out my video “Arrested for a DUI, You Only Have 10 Days!”, here’s the link: https://youtu.be/6z-UDWI8Vpc

What happens if I refuse to blow into a breathalyzer in Florida?

Under Florida’s Implied Consent Law (F.S. 316.1932), by accepting a driver’s license and operating a motor vehicle, you automatically agree to submit to lawful chemical testing if arrested for DUI. I know you probably don’t remember agreeing to it, but its in the fine print (I’ve read it…).

If you refuse the breathalyzer, the administrative consequences are immediate:
• First Refusal: An automatic 1-year driver’s license suspension. And, just in case the 1 year suspension wasn’t enough, it’s also a crime to refuse, a maximum of 60 days jail.
• Second or Subsequent Refusal: An 18-month suspension AND law enforcement will charge you with a first-degree misdemeanor, meaning the refusal itself becomes a separate criminal charge.

While a refusal deprives the prosecution of BAC evidence, local Central Florida prosecutors in Orange or Seminole County will try to use your refusal in court as ‘consciousness of guilt’ to secure a conviction.

I’ve done a few videos on this, please check out my video “Refusing the Breathalyzer is Now a Crime”, here’s the link: https://youtu.be/8W2e0Xycdt0

When does Driving While License Suspended (DWLS) become a felony?

Driving on a suspended license starts as a civil traffic infraction if you didn’t know it was suspended. However, if you drive knowing your license is suspended, revoked, or canceled, it becomes a crime under F.S. 322.34.

The charges scale quickly based on your prior record:
• First Offense: Second-degree misdemeanor (up to 60 days in jail).
• Second Offense: First-degree misdemeanor (up to 1 year in jail).
• Third Offense (or subsequent): Can be charged as a third-degree felony, carrying up to 5 years in Florida state prison.

Crucially, racking up three specific driving convictions (including DWLS or DUI) within a 5-year window will label you a Habitual Traffic Offender (HTO), resulting in an automatic 5-year driver’s license revocation.

I have several videos diving deeper into driving while license suspended issues, here’s a link: https://youtu.be/vSx003tJRco

Petit Theft & Shoplifting

What dollar value makes shoplifting a felony Grand Theft in Florida?

In Florida, the legal boundary between a misdemeanor and a life-altering felony comes down to a specific dollar amount: $750.
• Petit Theft (F.S. 812.014[2][e]): If the stolen property or merchandise is valued under $750, it is charged as a misdemeanor.
• Grand Theft (F.S. 812.014[2][c]): If the valued property is $750 or more, the charge is immediately elevated to a third-degree felony, exposing you to up to 5 years in state prison, hefty fines, and a permanent felony record that will appear on employer background checks.

In Central Florida, we call shoplifting either “petit theft” or “grand theft” depending on the amount.
Retailers use sophisticated surveillance systems to tally up item costs, but an experienced defense attorney will independently audit those valuations to try to drop a felony charge down to a misdemeanor.

To better understand how Florida gets from a misdemeanor shoplifting all the way up to a felony grand theft, check out my video “Why Stealing Over $750 is a Felony”, the link is here: https://youtu.be/j3qE2LBdDzA

Can a first-time shoplifting charge be completely wiped from my record?

Yes. There are many ways to do this. Sometimes, they just don’t have enough evidence and we get the charges dropped. Also, if you have a clean criminal history and are facing a first-time retail theft or petit theft charge in Orange, Seminole, or Osceola County, you are an ideal candidate for a Pre-Trial Diversion (PTD) program. Even Lake, Volusia and Brevard now have diversion programs to get your charges dropped. It is not easy to get into these programs or navigate the government’s red tape—but this is why the world has defense attorneys.

This is an administrative agreement with the local State Attorney’s Office. If you complete basic terms—such as paying restitution to the store, attending an impulse control course, and performing community service—the prosecution will issue a formal Nolle Prosequi (dismissal), completely dropping the criminal charges.

Once dropped, you can immediately begin the legal process to expunge your record, physically destroying the arrest files so they do not show up on commercial background checks.

If you’re facing a petit theft, you’ll want to watch my video “3 Things You Must Know on Your First Shoplifting (Petit Theft)”, the link is: https://youtu.be/JCKFFOIpYH8

Domestic Violence & Battery

Can the victim drop domestic violence battery charges in Florida?

This is the single biggest misconception in criminal defense. No, the victim cannot drop the charges. In Florida, domestic violence battery is a crime committed against the State–even though it might not feel that way if you were the victim. Once the police make an arrest in Orange, Osceola, or Seminole County, the victim becomes a witness, and the case belongs entirely to the State Attorney’s Office.

Even if the victim signs a formal ‘Affidavit of Non-Prosecution’ stating they do not want to move forward, prosecutors routinely push ahead anyway. They will rely on 911 call recordings, body camera footage, physical statements taken at the scene, and photographs of marks or bruises. Only the filing prosecutor has the legal authority to dismiss the case.

Even though its not always possible for a victim to control what the prosecutors will do with their case, I do have some suggestions in this video “Victim Wants Charges Dropped? Watch This First!”, here’s the link: https://youtu.be/F5LRlBMm6Bo

Why am I being held with no bond after a domestic battery arrest?

Under Florida law, anyone arrested for a crime involving domestic violence cannot bond out of jail immediately. You cannot simply pay a bondsman or post cash at the jail facility right after booking. This is odd, considering the fact that if you were arrested on a felony drug charge, say possession of cocaine, you can simply bond out immediately. Yet, on this misdemeanor, you can’t. Here’s why.

Florida requires you to remain in custody until you appear face-to-face before a judge at a First Appearance hearing (First Appearance court), which must take place within 24 hours of your arrest. At this hearing, the judge will review the police report for probable cause, determine your actual bond amount, and issue a mandatory No-Contact Order, legally barring you from returning home or communicating with the alleged victim while the case is pending.

I have a few videos that discuss domestic violence battery situations, here’s a link to my video, ambitiously titled “4 Ways to Beat a Domestic Violence Battery Charge” : https://youtu.be/qy886p3VYiI

What is the difference between Aggravated Assault and Aggravated Battery?

The difference comes down to physical contact and injury. Both are serious felony offenses in Central Florida, but they involve entirely different actions:
• Aggravated Assault (F.S. 784.021): This is a strictly visual or verbal threat. It involves an intentional, unlawful threat by word or act to do violence to someone, coupled with an apparent ability to do so, using a deadly weapon without intent to kill. No physical touching occurs, but it creates a well-founded fear in the victim. It is a third-degree felony.
• Aggravated Battery (F.S. 784.045): This requires actual physical contact. It occurs when someone intentionally strikes or touches another person against their will and either causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon during the attack. It is a second-degree felony, carrying up to 15 years in prison.

Here’s a video for more information on this, its called “Assault vs. Battery, What’s the Difference?” and here’s the link: https://youtu.be/iwU1wbPQVaM

First-Time Offenders

Will I go to jail for my first criminal arrest in Orlando?

For the vast majority of non-violent first-time offenses in Central Florida, jail time is highly unlikely. Judges and prosecutors in the 9th Judicial Circuit (Orange/Osceola) and 18th Judicial Circuit (Seminole/Brevard) generally prefer rehabilitation and diversion over incarceration for citizens with no prior criminal footprint.

Instead of pursuing jail sentences, the legal system provides specific administrative off-ramps designed to correct mistakes without derailing careers, parental rights, or educational goals. Your attorney’s primary objective is to steer your case into these alternative programs to protect your long-term record.

What is the difference between Pre-Trial Diversion (PTD) and Pre-Trial Intervention (PTI) in Central Florida?

While both programs achieve the exact same ultimate goal—a complete dismissal of your criminal charges—they apply to different tiers of offenses and are supervised by different entities:
• Pre-Trial Diversion (PTD): This program is run directly by the local State Attorney’s Office and typically targets misdemeanors (like retail theft, criminal mischief, or first-offense battery). Supervision is managed locally by county corrections.
• Pre-Trial Intervention (PTI): This is a more formal, state-sanctioned program designed for non-violent third-degree felonies (such as third-degree grand theft or felony drug possession). It is authorized by Florida statute and supervised directly by the Florida Department of Corrections (DOC) state probation officers.

Different state attorney offices call these programs by different names, but they’re all pretty much the same thing. What Orange County calls diversion, Lake County sometimes calls intervention, but they are exactly the same. Do some community service hours, do a class or two, and your case will be dropped.

Here’s a video that breaks down how intervention and diversion work in Central Florida, its called “Florida’s PTI Programs, and the link is: https://youtu.be/fY1pQzW410s

Can a first-time DUI in Orange or Osceola County be dismissed through diversion?

Yes. Unlike most areas of Florida, the 9th Judicial Circuit (Orange & Osceola Counties) offers a highly structured DUI Pre-Trial Diversion Program. If you meet strict entry criteria and have no prior criminal history, you can apply for this pathway.

The program divides defendants into two operational tiers based on the evidence:
• Tier One (BAC below 0.15): Requires completing 50 community service hours, a DUI substance abuse course, and a 6-month period of supervision.
• Tier Two (BAC between 0.15 and 0.22, or a breath refusal): Requires an increased 12-month supervision period and the installation of an Ignition Interlock Device (IID) for 6 months.

*The Catch:* If your DUI incident involved any property damage, an accident, bodily injury, or a minor passenger in the vehicle, you are instantly disqualified from the program.

Diversion on DUI cases is a bit different than other diversion programs, so I’ve done a video to explain all the nuances, its called “DUI Diversion in Central Florida, What They Don’t Tell You” and here’s the link: https://youtu.be/wYx0j-ybFZY

Can a first-time DUI in Seminole County be reduced through a diversion program?

Does Brevard County offer a First-Time Offender Program (FTOP) for DUIs?

Yes. Because Brevard County shares the 18th Judicial Circuit with Seminole County, it utilizes the exact same First-Time DUI Offender Program (FTOP) framework. If you are arrested for a standard, non-aggravated first DUI in Melbourne, Titusville, or Cocoa Beach, this program is your primary target.

Successfully navigating Brevard’s FTOP allows your defense attorney to negotiate your DUI charge down to Reckless Driving with a withhold of adjudication. This is an immense benefit because it completely bypasses the mandatory driver’s license revocation and the sky-high commercial insurance rates (FR-44) that a standard Florida DUI conviction triggers.

Just like in Seminole, your specific entry tier, probation length (6 vs. 9 months), and community service requirements are dictated by the level of your breath test blow or whether you refused the test entirely. Because entry into Brevard’s FTOP requires a fast-tracked application process, securing an experienced local attorney early is vital to ensure you do not miss the circuit’s strict entry deadlines.

What options do I have for a first-time DUI in Lake County if there is no diversion program?

Unlike its neighbors in Orange or Seminole, Lake County does not offer a formalized, automated DUI diversion or reduction program for first-time offenders. If you are arrested for driving under the influence in Tavares, Clermont, or The Villages, the State Attorney’s Office for the 5th Judicial Circuit defaults to prosecuting the standard DUI charge.

Because there is no simple administrative escape hatch, your defense strategy must shift to aggressive, tactical litigation:
• Challenging the Initial Stop: We scrutinize the police report and dashboard camera footage to determine if the officer had a lawful, valid reason to pull you over under the Fourth Amendment.
• Attacking the Field Sobriety Exercises: We look for medical conditions, poor roadside terrain, or improper officer instructions that invalidate the reliability of your physical performance.
• Exposing Breathalyzer Flaws: We audit the maintenance, inspection, and calibration logs of the specific Intoxilyzer 8000 machine used at the jail.

If our investigation exposes significant evidentiary gaps or constitutional violations, we can leverage those flaws to manually force the local prosecutor to offer a case-by-case ‘wet reckless’ reduction or drop the charges entirely.

If this is your first DUI, you probably have a lot of questions, so you’ll want to check out my video “What Happens to You on a First-Time DUI?”, here’s the link: https://youtu.be/EqH-RrSSsdU

Leaving the Scene of an Accident, Super Speeder & Fleeing and Attempting to Elude

What is Florida's 'Super Speeder' law, and can it land me in jail?

Yes, it can. Under F.S. 316.1922, driving 50 mph or more over the posted speed limit, or driving 100 mph or faster in a manner that actively threatens public safety, is a criminal traffic offense. This is no longer a simple civil speeding ticket that you can resolve by paying online or attending traffic school.

The penalties are criminal and require a mandatory physical court appearance:
• First Conviction: Up to 30 days in county jail, a mandatory $500 fine, and a permanent criminal driving record.
• Second Conviction (within 5 years): Up to 90 days in jail, a $1,000 fine, and a mandatory driver’s license revocation lasting between 180 days and one year.

I’ve done a video that takes a deeper dive into this, entitle “Florida Speeding Law, 100mph Now Means Jail” and here’s the link: https://youtu.be/OoS2GexhF-E

What counts as a 'coordinated street takeover' under Florida's racing laws?

Florida law enforces zero tolerance for street racing and stunt driving under F.S. 316.111. A coordinated street takeover is legally defined as 10 or more vehicles operating in an organized manner to intentionally block or impede the regular flow of traffic to perform burnouts, donuts, drifting, or wheelies. For the donuts and burnouts, it can just be one person. And, even the people filming the stunts can be arrested. Crazy, right?

The penalties for participating are severe:
• First Offense: A first-degree misdemeanor, fines up to $2,000, and a mandatory 1-year license revocation.
• Second Offense (within 1 year): Automatically upgraded to a third-degree felony, a fine up to $4,000, and a 2-year license revocation.
• Spectators: Simply standing on the sidewalk or parking lot to watch or film a street takeover carries a steep, mandatory $400 fine.

Can I be charged with Leaving the Scene of an Accident if I didn't know a crash occurred?

To convict you of leaving the scene of an accident (hit-and-run) under F.S. 316.061 or 316.027, the state must prove an essential legal element: knowledge. The prosecutor must show that you actually knew, or reasonably should have known based on the nature of the impact, that a collision occurred. Most of us have driven in the sort of huge torrential downpours Florida is famous for, and how can you make heads or tails over whether you hit a pothole or a road cone or nothing at all?

In low-speed parking lot scrapes, minor bumper taps, or incidents occurring in heavy rain along I-4, a driver may genuinely be unaware that contact was made. If you had no knowledge of the accident, you lack the criminal intent required for a conviction, making this one of the strongest defense strategies available to protect your license and record.

If you want to learn more about leaving the scene, watch my video “Leaving the Scene of an Accident: What You Can Do About It”, the link is here: https://youtu.be/mg7YwsoCf7M

What dollar amount turns Criminal Mischief (vandalism) into a felony in Florida?

Yes. Unlike many traffic offenses that start as misdemeanors, fleeing or attempting to elude a law enforcement officer under F.S. 316.1935 is always an automatic felony in Florida.

Florida categorizes these charges based on the behavior of the driver during the event:
• Basic Fleeing and Eluding: Willfully failing to stop for a marked police vehicle with its lights and sirens activated is a third-degree felony, punishable by up to 5 years in state prison.
• High-Speed or Reckless Fleeing: If you drive at a high rate of speed or show a wanton disregard for safety while eluding, it is elevated to a second-degree felony, carrying up to 15 years in prison.
• Aggravated Fleeing with Injury: If the flight causes serious bodily injury or death to another person, it becomes a first-degree felony carrying up to 30 years in prison and a mandatory minimum sentence of 3 years.

Beyond prison time, a conviction carries two devastating statutory traps: a mandatory driver’s license revocation lasting between 1 and 5 years, and a law that strictly prohibits judges from withholding adjudication. If you enter a plea or are found guilty, you will be a convicted felon for life.

For more information, check out my video “Florida’s Fleeing and Eluding Charge Explained: What You Need to Know”, here’s the link: https://youtu.be/1M5aVi3bkzE

Is Fleeing and Attempting to Elude always a felony in Florida?

For more information, check out my video “Florida’s Fleeing and Eluding Charge Explained: What You Need to Know”, here’s the link: https://youtu.be/1M5aVi3bkzE

Can I be charged with Fleeing and Eluding if I only delayed pulling over to find a safe, well-lit area?

Yes, local law enforcement officers in Orange, Seminole, or Osceola counties can and do make arrests for delayed compliance. Under Florida law, the prosecution must prove that you had knowledge that an officer ordered you to stop and that you willfully refused to do so.

If an unmarked vehicle attempts to pull you over on a dark stretch of road, or if you feel unsafe, it is entirely reasonable to slow down, turn on your hazard lights, and proceed to a brightly lit public area or gas station before coming to a complete stop.

However, officers often interpret this slow-speed delay as an attempt to evade them. To successfully defend against a delayed stopping charge, we rely on dashboard camera footage, GPS data, and your driving behavior to prove that you lacked the criminal intent to escape, and were instead acting purely out of a reasonable concern for your personal safety.

I have a video that talks more about this issue, its called “Fleeing and Attempting to Elude in Florida” and here’s the link: https://youtu.be/MFB-I0DQ5e0

Drug Possession

Is drug possession a felony or a misdemeanor in Florida?

In Florida, the felony vs misdemeanor issue depends entirely on two things: the specific substance involved and its physical weight.
• Misdemeanor Possession: Possessing 20 grams or less of cannabis (marijuana) is a first-degree misdemeanor, punishable by up to 1 year in county jail.
• Felony Possession: Possessing almost any other controlled substance—including cocaine, fentanyl, methamphetamine, MDMA, heroin, or prescription pills without a valid medical prescription—is a third-degree felony under F.S. 893.13. Florida generically calls these charges “Possession of a Controlled Substance” and they all carry a penalty of up to 5 years in state prison and an automatic 1-year driver’s license revocation upon conviction.

I’ve done many videos on drug possession cases here in Florida, but here’s a good place to start “Top 3 Ways to Beat a Drug Possession Charge” and here’s the link: https://youtu.be/G8yUlY3e52Q

What are the mandatory minimum prison sentences for drug trafficking in Florida?

Drug trafficking under F.S. 893.135 does not require the state to prove you were selling drugs. It is triggered solely by the total weight of the illegal substance found in your actual or constructive possession. I know that the term “trafficking” sounds like you were doing something more than just possessing a bunch of drugs, but Florida only cares about weight. If your drugs weigh over a certain amount, that “possession” charge transforms into a “trafficking” charge.

Florida has harsh, mandatory minimum prison sentences for trafficking that judges are legally forced to hand down if you are convicted:
• Cocaine (28g to 200g): 3-year mandatory minimum prison sentence.
• Fentanyl (4g to 14g): 3-year mandatory minimum prison sentence.
• Fentanyl (14g to 28g): 15-year mandatory minimum prison sentence.
• Hydrocodone/Oxycodone (14g to 28g): 3-year mandatory minimum prison sentence.

Defending these cases requires aggressively challenging the legality of the traffic stop, the search warrant, or the scientific calibration of the law enforcement scales.

If you want a deeper understanding of how we defend drug trafficking cases (and I’ve defended many in since I started defending drug cases back in 1993), check out my brief video “Drug Trafficking Defense”, here’s the link: https://youtu.be/enMu3r8PjWM

What is the difference between actual and constructive possession?

To convict you of a drug crime, Central Florida prosecutors must prove you had ‘possession’ of the substance. Legally, this takes two forms:
• Actual Possession: The illicit drugs are physically on your person—inside your pocket, in your hand, or hidden in your clothing.
• Constructive Possession: The drugs are found in a place over which you have control, but not on your body (e.g., in your car’s glove box, under your passenger seat, or in a shared apartment drawer).

To prove constructive possession, the state faces a much higher legal hurdle. They must prove you knew the drugs were there and that you had the ability to maintain dominion and control over them. If multiple people are in a vehicle where drugs are hidden, constructive possession defenses are incredibly viable. Most constructive possession cases involve drugs found in a car with several people in the car. How does the prosecutor prove—beyond every reasonable doubt—that the drugs belonged to one passenger versus another? It’s tough, and its all their burden.

I’ve done a video on this very topic, so check out “How Constructive Possession Works”, the link is here: https://youtu.be/QfBtezLmWyM

Seal & Expunge

What is the difference between sealing and expunging a record in Florida?

Before a seal or expunge, everyone on Planet Earth can go to the clerk’s website and read your police report. And in my decades of defending criminal cases, these reports are never flattering. So, sealing and expunging does a great thing—it removes all of your case files from public view. While both actions remove a criminal arrest from public view, they have distinct legal definitions and require different eligibility paths:
• Sealing a Record (F.S. 943.059): Your background file is placed under a legal lock-and-key. The public, commercial background check companies, and ordinary employers cannot see it. However, the record still physically exists and remains accessible to law enforcement, the courts, and specific state-licensing agencies (such as those governing healthcare, education, or firearms purchases).
• Expunging a Record (F.S. 943.0585): The physical record of your arrest is ordered to be physically destroyed by the arresting police department or sheriff’s office. The Florida Department of Law Enforcement (FDLE) is the only entity permitted to retain a single, highly confidential copy of the file under seal.

Here’s a video that talks more about sealing and expunging, its called “Sealing Criminal Records in Florida” and here’s the link: https://youtu.be/aMZNdJcT7EI

Can I seal a record if I was adjudicated guilty in Florida?

No. An adjudication of guilt means you were formally convicted of the crime by a judge or jury. Under Florida law, a formal conviction is a permanent, lifelong disqualifier. If you have even one single adjudication of guilt on your record for a criminal offense—whether it is a minor misdemeanor shoplifting charge or a major felony—you are permanently ineligible to ever seal or expunge that specific charge or any other charge for the rest of your life.

To be eligible for a court-ordered seal, your defense attorney must secure a Withhold of Adjudication, meaning the judge penalties you but chooses not to place a formal conviction on your record.

Now, I don’t want to get your hopes up too much, but if this conviction is causing lots of trouble, there are attorneys out there, called “post-conviction relief lawyers” who try to overturn your old conviction. You’ll want to call one if you’re in a serious bind due to your conviction.

Can a DUI charge be sealed or expunged in Florida?

Yes and No. Under Florida Statute 316.193, the law explicitly prohibits judges from withholding adjudication on a DUI charge. If you enter a plea of guilty or no contest to a DUI, or if you are found guilty at a trial, the judge is legally mandated to adjudicate you guilty.

But, if your DUI was dropped, then it can be expunged. If your DUI was dismissed by the judge, it can be expunged. Or, if a jury found you Not Guilty, then the DUI can be expunged. Otherwise, it cannot.

If you are found guilty of DUI, or if you entered a plea to a DUI, it can never be sealed or expunged from your record. Again, the only exceptions that allow you to clear the arrest record are:
• The DUI charge was completely dismissed or dropped (Nolle Prosequi) by the prosecutor.
• Your defense attorney successfully negotiated the DUI down to a charge of Reckless Driving with a withhold of adjudication.

If you’re interested in this topic, check out my video “How to Beat a Florida DUI Investigation Before It Even Starts”, the link is here: https://youtu.be/yYqX39VRKrE