Criminal Defense
Since 1993
Since 1993
DUI Charges in Orlando: Florida Laws, Penalties, and Next Steps
A DUI arrest is a scary experience, and it can feel like your life is being turned upside down. The consequences can be serious, from a suspended license and large fines to ignition interlock devices or even jail time. And let’s not forget the soaring car insurance rates that can follow a conviction. If you’ve been arrested for a DUI, you’re likely filled with questions—and we have the answers.
Since 1993, I have been practicing criminal defense in Central Florida. I’ve seen countless DUI cases, and one thing is always true: the system is designed to favor the state. You need a dedicated advocate to fight for your rights.
The Clock is Ticking: The 10-Day Rule
From the moment you’re arrested for drunk driving, a clock starts ticking. The Department of Motor Vehicles (DMV) can suspend your license and impose other driving restrictions even before you go to court. You only have 10 days from the date of your arrest to appeal this suspension. We can help you navigate this process or assist you in applying for a hardship license if that window has passed. Be warned, though: applying for a hardship license in person at the DMV may mean you waive your right to an administrative hearing to contest the suspension. Never take action without first consulting with an attorney.
Even after a DUI conviction, a hardship license may still be possible depending on your circumstances. In fact, under new Florida laws, even permanent license revocations now have a path toward reinstatement.
The Problem with “Opinion” Evidence in DUI Cases
You might think a DUI case is all about hard science and breathalyzer results, but often, the foundation of the charge is just an officer’s opinion. The government tries to back up that opinion with the results from an Intoxilyzer 8000, but the arrest itself typically happens before you ever blow into that machine. The officer’s opinion is that you are impaired, and the only way to test that opinion is to challenge it.
This is where an aggressive defense comes in. We can file motions to suppress evidence or motions in limine to limit what the officer can say in court. Ultimately, we can take the case to trial and let a jury hear all the facts, especially when it comes to the so-called “Field Sobriety Exercises.”
Challenging the Intoxilyzer 8000
When you blow into an Intoxilyzer 8000 machine, those results often create more questions than they answer. If the prosecution can’t answer critical questions about the machine’s functionality and reliability, the results may not be admitted as evidence. We’ll question if the machine was properly calibrated and working accurately. A small variance in a microscopic sample of air can create a massive variance in the result. It’s not out of the realm of possibility for a perfectly sober person to blow a .15% or higher. How can that be?
This is why the prosecution must present a qualified expert to establish the scientific admissibility of the machine. The state’s own data from the Florida Department of Law Enforcement has been analyzed by numerous experts, and their findings don’t exactly scream “accurate.” Another common scenario? The driver who blows a 0.00 and still gets arrested for DUI. This happens more than you think.
The “Gym Class” Antics of Roadside Sobriety “Tests”
To add insult to injury, the state will often try to introduce the results of roadside tests, known as Field Sobriety Tests (FSTs). The most ridiculous-sounding one, the Horizontal Gaze Nystagmus (HGN) test, attempts to measure blood alcohol levels by looking for an involuntary jerking of the eyeball. And for those of you with bad knees or a bad back, get ready for gym class-style antics with the Walk and Turn and One Leg Stand tests.
Here’s a little secret: most people cannot “pass” these tests, sober or not. But that won’t stop a trained sheriff’s deputy from claiming that all sober people should be able to. It’s an opinion, and we can challenge it.
Challenging the Stop of Your Vehicle
Most DUI cases start with a traffic stop. The reason for the stop can be a major factor in your defense. For example, if an officer pulls you over for a broken taillight, that might not be a valid reason to stop you in the first place, as it is legal to drive with a broken taillight. If we can show the court there was no legal reason to stop your car, the subsequent DUI charge should be thrown out.
I once handled a case where a client was pulled over for driving without headlights. The catch? He was on private property in an apartment complex. We argued, and the court agreed, that the officer didn’t have the right to enforce a traffic law on property that wasn’t “open to use by the public.” Because the stop was illegal, his DUI conviction was thrown out. It’s just like the Daytona 500—you can’t get a speeding ticket on a racetrack. We explore every possible defense. We question the officer’s reasonable suspicion, the testing procedures, and the integrity of the evidence.
Based on your request, I will rewrite the call to action and add it to the end of the previously optimized article, ensuring it maintains John’s voice and adheres to all of the specified rules. The new call to action will highlight his experience and aggressive approach to criminal defense.
What to Do After a DUI Arrest in Orlando: A Guide for Central Florida Residents
A DUI arrest is a scary experience, and it can feel like your life is being turned upside down. The consequences can be serious, from a suspended license and large fines to ignition interlock devices or even jail time. And let’s not forget the soaring car insurance rates that can follow a conviction. If you’ve been arrested for a DUI, you’re likely filled with questions—and we have the answers.
Since 1993, I have been practicing criminal defense in Central Florida. I’ve seen countless DUI cases, and one thing is always true: the system is designed to favor the state. You need a dedicated advocate to fight for your rights.
The Clock is Ticking: The 10-Day Rule
From the moment you’re arrested for drunk driving, a clock starts ticking. The Department of Motor Vehicles (DMV) can suspend your license and impose other driving restrictions even before you go to court. You only have 10 days from the date of your arrest to appeal this suspension. We can help you navigate this process or assist you in applying for a hardship license if that window has passed. Be warned, though: applying for a hardship license in person at the DMV may mean you waive your right to an administrative hearing to contest the suspension. Never take action without first consulting with an attorney.
Even after a DUI conviction, a hardship license may still be possible depending on your circumstances. In fact, under new Florida laws, even permanent license revocations now have a path toward reinstatement.
The Problem with “Opinion” Evidence in DUI Cases
You might think a DUI case is all about hard science and breathalyzer results, but often, the foundation of the charge is just an officer’s opinion. The government tries to back up that opinion with the results from an Intoxilyzer 8000, but the arrest itself typically happens before you ever blow into that machine. The officer’s opinion is that you are impaired, and the only way to test that opinion is to challenge it.
This is where an aggressive defense comes in. We can file motions to suppress evidence or motions in limine to limit what the officer can say in court. Ultimately, we can take the case to trial and let a jury hear all the facts, especially when it comes to the so-called “Field Sobriety Exercises.”
Challenging the Intoxilyzer 8000
When you blow into an Intoxilyzer 8000 machine, those results often create more questions than they answer. If the prosecution can’t answer critical questions about the machine’s functionality and reliability, the results may not be admitted as evidence. We’ll question if the machine was properly calibrated and working accurately. A small variance in a microscopic sample of air can create a massive variance in the result. It’s not out of the realm of possibility for a perfectly sober person to blow a .15% or higher. How can that be?
This is why the prosecution must present a qualified expert to establish the scientific admissibility of the machine. The state’s own data from the Florida Department of Law Enforcement has been analyzed by numerous experts, and their findings don’t exactly scream “accurate.” Another common scenario? The driver who blows a 0.00 and still gets arrested for DUI. This happens more than you think.
The “Gym Class” Antics of Roadside Sobriety “Tests”
To add insult to injury, the state will often try to introduce the results of roadside tests, known as Field Sobriety Tests (FSTs). The most ridiculous-sounding one, the Horizontal Gaze Nystagmus (HGN) test, attempts to measure blood alcohol levels by looking for an involuntary jerking of the eyeball. And for those of you with bad knees or a bad back, get ready for gym class-style antics with the Walk and Turn and One Leg Stand tests.
Here’s a little secret: most people cannot “pass” these tests, sober or not. But that won’t stop a trained sheriff’s deputy from claiming that all sober people should be able to. It’s an opinion, and we can challenge it.
Challenging the Stop of Your Vehicle
Most DUI cases start with a traffic stop. The reason for the stop can be a major factor in your defense. For example, if an officer pulls you over for a broken taillight, that might not be a valid reason to stop you in the first place, as it is legal to drive with a broken taillight. If we can show the court there was no legal reason to stop your car, the subsequent DUI charge should be thrown out.
I once handled a case where a client was pulled over for driving without headlights. The catch? He was on private property in an apartment complex. We argued, and the court agreed, that the officer didn’t have the right to enforce a traffic law on property that wasn’t “open to use by the public.” Because the stop was illegal, his DUI conviction was thrown out. It’s just like the Daytona 500—you can’t get a speeding ticket on a racetrack. We explore every possible defense. We question the officer’s reasonable suspicion, the testing procedures, and the integrity of the evidence.
If you are facing criminal charges in Orange, Seminole, or Osceola counties, or in the surrounding counties of Lake, Brevard, and Volusia, you need a lawyer who will aggressively defend you.
John’s Takeaways
- You don’t have to be “drunk” to get a DUI. In Florida, a DUI charge is based on a police officer’s opinion that your normal faculties were impaired, regardless of your blood alcohol level.
- You can be arrested for DUI even if you weren’t driving. If you were in “actual physical control” of a vehicle—even just sleeping in your car with the keys—you can be charged.
- A DUI is not an automatic conviction. From the moment you are arrested, you can fight to protect your rights, challenge the evidence, and defend your case.
- The evidence can be flawed. Breathalyzer machines can be unreliable, and Field Sobriety “Tests” are often just subjective opinions from an officer.
- The legality of the traffic stop can make or break your case. If the officer did not have a valid reason to stop you, the case can be dismissed.
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.
Contact an Orlando DUI Attorney
Facing a DUI charge in Orlando? Don’t leave your freedom to chance. With over three decades of experience, I’ve seen every trick in the book and I know how to fight back. When you hire my firm, you get a defense team that will scrutinize every piece of evidence, challenge every legal loophole, and stand by you in and out of court. Don’t let an officer’s opinion dictate your future. Call my Orlando office today at (407) 423-1117 for a free consultation.