Legally Reviewed by Simon Wiseman on May 28, 2025
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 defense case against you is moving forward in Orange County court. The Wiseman Law Firm handles both.
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 insider knowledge exclusively to defend people accused of DUI in Orlando and throughout Central Florida. If you have been charged with DUI, do not wait. Contact The Wiseman Law Firm today for a free consultation.
⚠ Time-Sensitive — Florida Law Limits Your Window to Act
You have 10 days from your arrest to protect your license. Miss this window and the suspension is automatic.
Attorney Wiseman is a former prosecutor with more than 25 years of trial experience. He knows how the State builds DUI cases — and where to challenge them. Free consultations, available 24 hours a day, seven days a week.
Florida DUI Law — What You Need to Know
Under Florida Statute § 316.193, a person is guilty of DUI if they are driving or in actual physical control of a vehicle while under the influence of alcohol, a controlled substance, or any chemical substance to the extent that their normal faculties are impaired — or if their blood alcohol level (BAC) is 0.08 percent or higher. Critically, Florida law does not require intoxication. If an officer believes your ability to drive is impaired by alcohol, prescription medication, marijuana, or any other substance, you can be charged.
Florida DUI law also applies beyond the road. You 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. Understanding where the law begins and ends is the foundation of any sound defense strategy.
Florida DUI Penalties by Offense
The penalties for a DUI conviction in Florida escalate significantly with each offense and are governed by Florida Statute § 316.193. What follows is what you could be facing — and why fighting the charge rather than accepting it matters.
First Offense: Up to 6 months in jail (up to 9 months with a BAC of 0.15% or higher, or a minor in the vehicle); fines of $500–$1,000; 180-day to 1-year license revocation; 1 year of probation; 50 hours of community service; 10-day vehicle impoundment; mandatory DUI school and substance abuse evaluation; ignition interlock device for up to 6 months.
Second Offense: Up to 9 months in jail (up to 12 months with aggravating factors); fines of $1,000–$2,000; if within 5 years of the first offense, minimum 10 days in jail and 5-year license revocation; mandatory ignition interlock device for at least 2 years.
Third Offense Within 10 Years: Third-degree felony; 30 days to 5 years in prison; fines of $2,000–$5,000; 10-year license revocation; 90-day vehicle impoundment.
DUI with Serious Bodily Injury: Third-degree felony; up to 5 years in prison.
DUI Manslaughter: Second-degree felony with a mandatory minimum of 4 years in prison; up to 15 years. If you left the scene, it becomes a first-degree felony with up to 30 years.
These are the statutory ranges — the actual consequences depend heavily on the strength of the State’s evidence and the quality of the defense.
Types of DUI Cases We Handle
Attorney Wiseman defends clients against the full range of DUI charges in Orlando and Orange County. Cases The Wiseman Law Firm handles include:
- Breath and blood test challenges: challenging the accuracy, calibration, and chain of custody of breathalyzer and blood test results
- Commercial driver DUI: CDL holders face a 0.04% BAC limit and career-ending consequences — these cases require focused defense
- Underage DUI: Florida’s zero-tolerance law sets the limit at 0.02% for drivers under 21, with serious license and criminal consequences
- DMV administrative hearings: fighting automatic license suspension within the critical 10-day window after arrest
- DUI pre-trial diversion: pursuing diversion programs for eligible first-time offenders to avoid a permanent conviction
- First and multiple DUI offenses: from misdemeanor first offenses to felony third offenses and DUI manslaughter
- DUI involving prescription drugs or marijuana: impairment charges involving legal substances where field sobriety tests are particularly unreliable
- Boating under the influence (BUI): DUI charges arising from operating a vessel on Florida waterways
- DUI causing serious bodily injury: felony charges that require a strong defense strategy from the moment of arrest
If your specific situation is not listed above, call for a free consultation — The Wiseman Law Firm handles the full spectrum of DUI and impaired driving cases throughout Central Florida.
DUI Defense Strategies Attorney Wiseman Uses
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 flawed. He scrutinizes every aspect of the State’s case from the initial traffic stop through the final test results, looking for the weaknesses prosecutors know exist but hope defense counsel will miss.
Challenging the traffic stop. Law enforcement must have reasonable suspicion of a traffic violation or criminal activity before pulling you over. If the stop was arbitrary or based on an officer’s hunch rather than observable conduct, the entire case may be suppressible under the Fourth Amendment.
Questioning field sobriety tests. The walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests are subjective evaluations that can be affected by medical conditions, footwear, uneven pavement, nervousness, and officer administration errors. These tests are not infallible, and Attorney Wiseman challenges their reliability when the facts warrant it.
Attacking breathalyzer accuracy. Florida breathalyzer devices must be properly calibrated, maintained, and operated according to strict protocols. Calibration records, operator certification, and the presence of mouth alcohol or medical conditions such as acid reflux can all undermine the reliability of a breath test result.
Blood test chain of custody. Blood samples must be collected, stored, transported, and tested in strict accordance with established procedures. Any break in the chain of custody, improper storage temperature, or laboratory error can render blood test results inadmissible.
Miranda and constitutional violations. Statements made during a custodial interrogation without proper Miranda warnings may be suppressed. Any coercive, deceptive, or procedurally improper conduct by law enforcement during your arrest can provide grounds for challenging the admissibility of evidence.
Medical conditions. Certain conditions — including diabetes, acid reflux, neurological disorders, and inner ear conditions — can mimic signs of alcohol impairment or produce falsely elevated breathalyzer readings. Attorney Wiseman works with medical professionals when these issues are relevant to the defense.
What Happens After a DUI Arrest in Orlando
Understanding the DUI case timeline helps you make informed decisions at every stage. Here is what to expect after a DUI arrest in Orange County.
Within 10 days of arrest: You must request a formal review hearing with the DHSMV to contest the automatic administrative suspension of your driver’s license. Missing this window waives your right to challenge the suspension. This is the most time-sensitive step — call Attorney Wiseman immediately.
First appearance: Typically within 24 hours of arrest. Bail conditions are set and charges are formally presented.
Arraignment: You enter a formal plea. Attorney Wiseman will appear on your behalf in most circumstances so you do not need to miss work.
Pre-trial motions: Attorney Wiseman files motions to suppress unlawfully obtained evidence, challenge the legality of the stop, and attack the reliability of test results. Many DUI cases are resolved or significantly weakened at this stage.
Negotiation with the State Attorney’s Office: If the evidence supports a favorable negotiation, Attorney Wiseman communicates directly with prosecutors to pursue reduced charges, diversion, or alternative sentencing where appropriate.
Trial: If the State’s offer is not in your best interest, Attorney Wiseman is fully prepared to try your case before a jury. His background as a former prosecutor — and his track record as a trial attorney — means the State knows he will not back down.
How a DUI Conviction Affects Your Life Beyond the Courtroom
The criminal penalties for a DUI conviction are serious on their own — but the collateral consequences can follow you for years. Understanding these consequences is part of why fighting a DUI charge matters so much from day one.
Employment consequences. A DUI conviction appears on your criminal record permanently in Florida. Employers who conduct background checks will see it. Certain professions — including commercial driving, healthcare, education, and positions requiring a security clearance — carry licensing or certification requirements that a DUI conviction may jeopardize. Even if your current employer does not screen for criminal records, job changes and promotions may surface the conviction in the future.
Insurance consequences. A DUI conviction in Florida triggers an FR-44 requirement — proof of higher insurance coverage with minimums of $100,000/$300,000 bodily injury and $50,000 property damage liability — as required under Florida law. This is required for three years following a conviction, and the increased premiums associated with FR-44 coverage can be substantial. Some insurers may cancel your policy entirely, requiring you to seek coverage in the non-standard market at significantly elevated rates.
License reinstatement and hardship driving. Depending on the offense and your history, you may be eligible to apply for a hardship license that allows limited driving for work, school, or medical appointments. Eligibility requires completion of the DUI program substance abuse education course and evaluation. An experienced attorney can help you understand your eligibility and pursue reinstatement through the DHSMV as early as possible.
Permanent record in Florida. Florida does not allow DUI convictions to be expunged or sealed. A conviction is a permanent mark on your criminal and driving record. This is why fighting the charge — rather than simply accepting a plea — can be one of the most important decisions of your life.
What to Do If You Have Been Charged with DUI in Orlando
The steps you take immediately after a DUI arrest in Orlando can significantly affect the outcome of your case. The following actions are important to take as soon as possible.
Do not make statements to law enforcement beyond providing your basic identifying information. You have the right to remain silent and the right to an attorney — exercise both. Anything you say can and will be used against you by the State.
Call an attorney before the 10-day DHSMV hearing window closes. This is the single most time-sensitive step in any DUI case. Once the window passes, the automatic license suspension stands regardless of the outcome of your criminal case. Do not wait to see what happens with the criminal charge before addressing the administrative suspension — they are two separate proceedings on two different timelines.
Write down everything you remember about the stop, the field sobriety tests, and any statements made by law enforcement while the details are fresh. This information can be critical for building a defense based on procedural challenges.
Frequently Asked Questions About DUI in Orlando
Below are answers to the questions we hear most often from clients facing DUI charges in Orange County.
What should I do immediately after a DUI arrest in Orlando?
The most urgent step is contacting an attorney before the 10-day window to request a DHSMV formal review hearing closes. Missing that deadline results in automatic license suspension with no opportunity to contest it. Do not give recorded statements to law enforcement or insurance companies without speaking to an attorney first. Exercise your right to remain silent and your right to counsel.
Can I refuse a breathalyzer test in Florida?
Yes, but there are consequences. Florida’s implied consent law means that by driving on Florida roads you have consented to chemical testing. Refusing a breath, blood, or urine test results in an automatic 1-year license suspension for a first refusal and an 18-month suspension for a second or subsequent refusal — which is also a first-degree misdemeanor. Whether to refuse is a strategic decision that depends on the circumstances. Attorney Wiseman can walk you through the implications during your free consultation.
What are the penalties for a first DUI conviction in Florida?
A first DUI conviction in Florida carries up to 6 months in jail (up to 9 months with aggravating factors), fines of $500–$1,000, a license revocation of 180 days to 1 year, 1 year of probation, 50 hours of community service, mandatory DUI school, and a 10-day vehicle impoundment. An ignition interlock device may also be required. These penalties increase significantly if your BAC was 0.15% or higher or if a minor was in the vehicle.
Can a DUI charge be reduced or dismissed in Florida?
Yes, in many cases. Common defense strategies that lead to reductions or dismissals include challenging the legality of the traffic stop, attacking the reliability of breathalyzer or blood test results, identifying procedural errors during the arrest, and pursuing pre-trial diversion for eligible first-time offenders. Attorney Wiseman evaluates every available avenue from the moment you retain him.
Will a DUI conviction stay on my record in Florida?
Yes. Florida does not allow DUI convictions to be expunged or sealed. A conviction becomes a permanent part of your criminal and driving record, affecting employment, insurance rates, professional licenses, and more. This is why fighting the charge — rather than simply accepting a plea — is so important, and why having an attorney with trial experience in your corner from the very beginning matters.
How much does it cost to hire a DUI attorney in Orlando?
DUI defense fees vary based on the complexity of the case, whether it proceeds to trial, and the severity of the charges. The Wiseman Law Firm offers free consultations so you can discuss your situation and understand your options without any upfront cost or obligation. Attorney Wiseman will provide transparent fee information before you make any decisions about representation.
Contact The Wiseman Law Firm — Orlando DUI Attorney
A DUI charge in Florida is serious, but it is not the end of the road. The strength of the State’s case depends entirely on the evidence — and evidence can be challenged, suppressed, and dismantled by an attorney who knows how the prosecution builds its cases from the inside. Attorney Simon Wiseman spent years as a state prosecutor before dedicating his practice to criminal defense. He has handled DUI cases from misdemeanor first offenses to felony DUI manslaughter, and he is 5-star rated by clients for the personal attention and results he provides. When the State files charges against you, you deserve someone who has been on both sides of the courtroom and knows exactly what it takes to win.
The Wiseman Law Firm is available 24 hours a day, seven days a week. Do not let the 10-day DHSMV deadline pass without acting. Contact us today for a free, no-obligation consultation and put a former prosecutor to work on your defense.
