Orlando DUI Lawyer

Legally Reviewed by Simon Wiseman on July 2, 2026

A DUI arrest in Florida sets two separate legal processes in motion simultaneously — and the clock starts immediately. You have just ten days from the date of your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles, or your driver’s license will be automatically suspended. At the same time, the criminal case against you is moving forward in Orange County court.

Attorney Simon Wiseman is a former state prosecutor who spent years on the other side of DUI cases — learning exactly how the State builds its charges, what evidence it relies on, and where that evidence is most vulnerable to challenge. He now uses that knowledge exclusively to defend people charged with DUI as part of his broader Orlando criminal defense practice practice. If you have been charged with DUI, do not wait to speak with an attorney.

What Is a DUI in Florida?

Under Florida Statute § 316.193, a person is guilty of DUI if they are driving or in actual physical control of a vehicle while: (1) under the influence of alcohol, a controlled substance, or any chemical substance to the extent that their normal faculties are impaired; or (2) their blood or breath alcohol level (BAC) is 0.08 percent or higher.

Critically, Florida law does not require full intoxication. If an officer believes your ability to drive was impaired — by alcohol, prescription medication, marijuana, or any other substance — you can be charged with DUI regardless of your exact BAC. Florida DUI law also applies beyond typical road travel: a person can face DUI charges while sitting in a parked car with the engine running, operating a vessel on Florida waterways (Boating Under the Influence), or driving a commercial vehicle at a BAC of just 0.04 percent — half the standard legal limit.

The law is deliberately broad, which means the quality of the defense matters enormously. Whether an officer’s observations were reliable, whether a breathalyzer was properly calibrated, or whether the initial traffic stop was lawfully conducted are all areas where an experienced Orlando DUI lawyer can identify and pursue challenges to the State’s case.

Florida DUI Penalties by Offense

The penalties for a DUI conviction in Florida escalate significantly with each subsequent offense and are governed by Florida Statute § 316.193. The following is a summary of what you could be facing — and why challenging the charges rather than accepting a conviction carries real stakes.

First-offense penalties also include one year of probation, 50 hours of community service, 10-day vehicle impoundment, mandatory DUI school and substance abuse evaluation, and an ignition interlock device requirement of up to 6 months. These are the statutory ranges — the actual consequences in any specific case depend on the strength of the State’s evidence and the quality of the defense presented.

Florida’s Implied Consent Law — What It Means for Your Case

Florida’s implied consent law, codified at Florida Statute § 316.1932, means that anyone who drives on Florida roads has already implicitly consented to submit to a chemical test — breath, blood, or urine — if lawfully arrested for DUI. The consequences of refusing a test are significant and immediate:

• First refusal: Your driver’s license will be suspended for one year, regardless of the outcome of the criminal case.
• Second or subsequent refusal: Your license will be suspended for 18 months, and the refusal itself becomes a separate first-degree misdemeanor criminal charge.

Refusing a chemical test does not mean the DUI charge disappears. The State can — and often does — use a refusal as evidence in the criminal case, arguing that it suggests consciousness of guilt. At the same time, a refusal removes one key piece of evidence (the numerical BAC reading) from the State’s hands, which can affect how the prosecution builds its case.

What many people do not know is that the implied consent advisement — the formal warning officers must read before administering a test — must be delivered properly and completely. Errors in how that advisement was given can affect whether a refusal or a test result is ultimately admissible. Attorney Wiseman reviews the procedural details surrounding every test or refusal as part of building the defense.

How a DUI Conviction Affects Your Life in Orlando

A DUI conviction in Florida does not end at sentencing. The consequences follow you into your career, finances, and daily life in ways that can last for years. Understanding the full scope of what a conviction means — beyond jail time and fines — is one of the strongest reasons to pursue a real defense.

Employment and Career Consequences

A DUI conviction creates a permanent criminal record in Florida. Most employers run background checks, and a conviction can disqualify applicants for positions requiring clean records, professional licenses, or security clearances. Licensed professionals in healthcare, law, education, real estate, and other regulated fields may face disciplinary proceedings with their licensing boards on top of the criminal penalties. Commercial drivers holding a CDL face the most severe career consequences: Florida law imposes a minimum one-year CDL disqualification for a first DUI conviction — and a 10-year disqualification for a second. An attorney can help CDL holders understand the full scope of what is at risk before accepting any plea.

Auto Insurance Impact

A DUI conviction triggers a high-risk classification with most auto insurers, resulting in significantly increased premiums or policy cancellation. Florida also requires DUI-convicted drivers to file an SR-22 certificate of financial responsibility with the Department of Highway Safety and Motor Vehicles as proof of insurance. The SR-22 requirement typically remains in effect for three years following conviction, and the insurance premium increases associated with high-risk status can add thousands of dollars in costs over that period — long after the legal penalties are resolved.

DUI Charges Attorney Wiseman Defends in Orlando

Attorney Wiseman defends clients against the full range of DUI charges in Orlando and Orange County. Select any charge type to learn more:

If your specific situation is not listed above, call for a free consultation. Attorney Wiseman handles the full spectrum of DUI and impaired driving cases throughout Central Florida.

DUI Defense Strategies in Orlando

As a former prosecutor, Attorney Wiseman understands that a DUI charge is only as strong as the evidence behind it — and that evidence is frequently vulnerable to challenge. He examines every aspect of the State’s case from the initial traffic stop through the final test results, looking for the weaknesses that prosecutors know exist but hope defense counsel will overlook.

Challenging the Traffic Stop

Law enforcement must have reasonable suspicion of a traffic violation or criminal activity before pulling a driver over. A stop based on an officer’s hunch rather than an observable basis may be constitutionally invalid. When the stop itself is unlawful, the evidence gathered afterward — including any chemical test results — may be suppressible under the Fourth Amendment, potentially eliminating the foundation of the State’s case before trial.

Challenging Breath and Blood Test Results

Breathalyzer devices require regular maintenance and calibration per Florida Department of Law Enforcement standards. Blood samples must be collected, stored, and transported following strict chain-of-custody protocols. Errors in how a test was administered, how equipment was maintained, or how biological samples were handled can render the results scientifically unreliable. Attorney Wiseman obtains calibration records, maintenance logs, and testing documentation in every case involving chemical evidence.

Challenging Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) standardizes field sobriety tests, but officers frequently administer them incorrectly or fail to account for legitimate physical factors — prior injuries, medical conditions, age, footwear, uneven road surfaces — that can cause a completely sober person to perform poorly. Improper administration of these tests is one of the most common grounds for challenging DUI evidence in Florida courts.

Suppression of Evidence and Constitutional Violations

When law enforcement violates your constitutional rights — through an unlawful stop, an illegal search, or a failure to properly advise you of your Miranda rights — the appropriate legal remedy is often suppression of the evidence obtained as a result. Suppressed evidence may be sufficient to reduce the charges significantly or to make the State’s case too weak to proceed.

What Happens After a DUI Arrest in Orlando

Two parallel legal proceedings begin the moment you are arrested for DUI in Orange County. The first is the administrative proceeding with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), which governs your driver’s license. The second is the criminal case in Orange County Circuit Court. Both require immediate attention.

The Administrative 10-Day Window

Within 10 days of your arrest, you or your attorney must request a formal review hearing with the DHSMV to challenge the administrative suspension of your license. This hearing is entirely separate from the criminal case and has its own deadlines and procedures. Missing this deadline means the suspension takes effect automatically with no opportunity to contest it. For most first-time offenders, the suspension is 6 months if you provided a breath sample, or 12 months if you refused. A hardship license allowing limited driving during the suspension period may be available in certain circumstances.

The Criminal Case in Orange County Court

The criminal proceedings follow a defined sequence: arraignment (where you enter a plea), a discovery period (during which your attorney accesses and reviews the State’s evidence), pretrial motions (including any suppression motions), and ultimately either a negotiated resolution or trial. Attorney Wiseman begins building the defense at the moment of consultation — not after arraignment, and not after the State has had time to solidify its case.

Can a Florida DUI Be Expunged or Sealed?

Under Florida law, a DUI conviction cannot be expunged or sealed. This is one of the most important facts for anyone facing a first-time charge to understand: if you are convicted of DUI in Florida, that record is permanent. It cannot be removed later, regardless of how much time passes or how clean your record is afterward.

However, if the DUI charges against you are dropped, dismissed, or result in a not-guilty verdict at trial, the arrest record may be eligible for sealing under Florida Statute § 943.059 or expungement under Florida Statute § 943.0585. A sealed record is not publicly accessible; an expunged record is physically destroyed. Either outcome preserves your ability to truthfully state on most applications that you have not been convicted of a crime.

This distinction is one of the most compelling reasons to fight DUI charges rather than accepting a plea at the earliest opportunity. An outcome that avoids conviction — whether through a suppression motion, a charge reduction, successful completion of a diversion program, or acquittal at trial — preserves future options that a conviction permanently forecloses. Attorney Wiseman can advise on what relief may be available based on how the case ultimately resolves.

Working With The Wiseman Law Firm — What to Expect

Attorney Wiseman handles every aspect of the defense from the initial consultation through final resolution. From the moment you reach out, the focus is on protecting your rights, preserving your options, and building the strongest available defense given the specific facts of your case.

Frequently Asked Questions About DUI in Orlando

The following questions address what people charged with DUI in Orlando most commonly need to understand. If your specific question is not answered here, call for a free consultation.

Contact The Wiseman Law Firm — Orlando DUI Attorney

If you have been charged with DUI in Orlando or anywhere in Central Florida, the time to act is now. The administrative deadline to protect your license is just 10 days from the date of your arrest, and every day without legal representation in place is a day the State uses to build its case.

Attorney Simon Wiseman is available 24 hours a day, seven days a week for free consultations. Call (407) 420-4647 or use the contact form on this page to reach The Wiseman Law Firm today.