Orlando DUI Lawyers

150 + Years Combined Experience in DUI Defense

Orlando lawyers at Musca Law routinely help people who have been arrested and charged with driving under the influence in Orlando or Orange County, Florida. We believe that people charged should consult an experienced Orlando DUI Defense Lawyer as soon as possible in order to protect and preserve their legal rights. Our DUI defense law firm in Orlando, Florida has extensive experience handling a variety of DUI offenses in the Orlando area including:

  • First DUI Offenses
  • Second DUI Offenses
  • Felony DUI Offenses
  • DUIs that are Drug-Related
  • Boating Under the Influence (BUI)
  • Underage DUI
  • Commercial Driver’s License DUI
  • DUI Manslaughter

Orlando DUI – Driving Under the Influence in Orlando (DUI) [Florida Statute 316.193]

Under Orlando Florida law, there are many different factors and circumstances that determine whether an individual might be charged with a drunk driving offense. According to Florida Statutes Section 316.193, whether someone is arrested and charged with DUI can depend on:

  • How high the blood alcohol concentration is at the time of the offense (in Orlando, the legal limit is a BAC of .08 percent)
  • Driving or being in physical control of a vehicle
  • Being impaired to a degree by drugs and/or alcohol
  • Prior DUIs on the person’s record
  • Whether any serious injuries resulted
  • Whether anyone was killed
  • If the DUI was the cause of any property damage

DUI Attorneys in Orlando, Florida

In Orlando, if a person is convicted of a DUI, they can face serious consequences, even if it is the first DUI offense. Some of the penalties that a person might receive for a first-time conviction can include jail time and fines, but it is also important to recognize the other negative impacts that a criminal conviction can have on everyday life. For instance, a criminal record can adversely affect the ability to obtain a student loan, keep or get a job, or even rent housing. Other DUI related penalties in Orlando might include:

  • Loss of driving privileges.
  • Probation.
  • Vehicle impoundment.
  • Completion of a substance abuse class.
  • Use of an ignition interlock device.
  • Community service.

Orlando DUI Lawyers – Second Offense

If a person is arrested for a second DUI offense in Orlando, and that offense happens within five years of the first offense, they may be subject to harsher penalties, including a mandatory ten-day jail sentence. Moreover, if certain factors are present in the case, such as someone was injured as a result of the DUI, or if the person had a high BAC at the time of the offense, the punishment could include larger fines and more time spent in jail.

Orlando Felony DUI Charges Attorney

Driving under the influence offenses in Orlando are oftentimes considered misdemeanors. But under some circumstances, a DUI may be elevated to a felony offense. An individual might be charged with a felony DUI in Orlando if:

  • They have had two other DUI convictions within a five-year period.
  • It is their fourth or subsequent DUI offense.
  • Someone else was seriously or fatally injured as a result of the DUI.

The punishment that an individual might receive for a third-degree felony DUI conviction includes a $5,000 fine and a jail sentence of up to five years. An individual might also be labeled as a Habitual Traffic Offender after a third-degree felony DUI conviction, which means that their driver’s license might be suspended for five years.

DUI Manslaughter – Orlando Drunk Driving Defense Attorneys

In Orlando, an additional felony DUI offense that an individual can be charged with is known as DUI manslaughter. An individual commits DUI manslaughter if they fatally injure someone else in the course of their DUI. A DUI manslaughter offense is considered a second-degree felony in Orlando and the punishment can include a $10,000 fine and jail time of up to fifteen years. DUI manslaughter is elevated to a first-degree felony if the offender leaves the scene of the accident.

Orlando BUI Defense Attorneys

Charges Relating to Boating Under the Influence

Orlando BUI attorneys at Musca Law have handled all types of cases relating to people being accused of being under the influence of alcohol or drugs. Another common alcohol offense with which people are charged in Orlando is boating under the influence. According to Section 327.35 of the Florida Statutes, an individual can be convicted of BUI if the prosecution can prove that they were operating a vessel while under the influence of or impaired by alcohol and/or drugs. The penalties one might be subject to for a first BUI offense might include hefty fines and up to six months in jail, and they can increase depending on the facts and circumstances of a particular case.

Orlando DUI Lawyers, No Cost Consultation

When people have been arrested for DUI in Orlando, Florida, it is advisable that they seek a free consultation with an experienced defense attorney. A DUI or BUI conviction can be costly, damage their credibility can make it difficult to obtain work. Regardless of the criminal charges that a person is facing, consult with an experienced Orlando defense attorney as soon as possible to understand the legal options. Call our firm at 800.687.2252 to schedule your no cost, confidential evaluation.

Why You Should Fight Your DUI Charge

The goal of this page is to give you some vital general information concerning the many ways that you are able to fight a pending DUI charge. The majority of people think that, if they have been arrested, then a conviction will surely come next.

As stated by the most recent statistics concerning drunk driving cases in Orlando, only 60% of all charges of drunk driving actually result in a conviction for a charge of either a DUI or of reckless driving. Most cases of DUI are resolved without any punishment at all, due to the fact that:

  • The DUI charge is thrown out by the prosecutor prior to your trial
  • The DUI charge is reduced by the prosecutor to a less serious crime such as reckless driving prior to your trial
  • The DUI charge is thrown out by the courts prior to your trial
  • The accused is determined to be not guilty of the DUI charges as a result of the trial.

In instances of driving under the influence, the state must prove that the driver was under the influence of drugs or alcohol to such a degree that their blood alcohol concentration was over Florida’s legal limit of .08% as proven by a breathalyzer, urine, or blood test.

Increased penalties come into the picture in the event that the offender’s blood alcohol concentration was 0.15% or higher. If your blood-alcohol level was 0.15% or higher when you were arrested, then you are far from alone. Prevailing DUI statistics show that the median blood-alcohol concentration taken in DUI arrests in Orlando is usually precisely at 0.15%.

On the backside of that, the state could also prove that the driver's normal faculties were severely impaired because of the misuse of drugs and/or of alcohol. If the driver should refuse to cooperate in taking a test of his urine, breath, or blood, then the second of those choices is all that the prosecution will be able to use.

Implied Consent Laws in Florida

The state of Florida has what is known as an “implied consent” law. By legal definition, an implied consent law states that anytime a person gets behind the wheel of a car in Florida, they are considered to have granted their permission, or implied consent, to yield to a blood-alcohol content test during a suspected-DUI stop. This does not mean, however, that the driver is also obligated to consent to take any field sobriety tests.

In the event that a driver refuses to surrender a blood, urine, or breath sample for a blood-alcohol level test, they could possibly face harsh civil penalties, including an automatic suspension of their driver’s license for as long as one year. If this turns out to be the second time they have declined to submit a blood-alcohol test, then their driver’s license could very well be suspended for as long as a year and a half.

In the event that a driver refuses to take the test, they will automatically be arrested and will receive a Notice of Suspension. The suspension of their driver’s license will go into effect immediately and, as previously mentioned, their license can be suspended for up to one full year.

DUI with Property Damage

Oftentimes, when someone is operating a motor vehicle under the influence of drugs or alcohol, property damage is involved. This offshoot of a standard DUI charge is charged as DUI with Property Damage. Harsher punishments will accompany a common DUI charge in the event that the driver has also been involved in an accident that caused property damage to another car or caused non-serious bodily injury to another person. These harsher penalties may include a longer mandatory length of jail time to serve and much higher fines to be paid to the courts.

DUI with Serious Bodily Injury

In the event that the criminal charge should include a serious injury to another person, the charges will grow even more severe. What was a simple driving under the influence charge has now grown into a third-degree felony. If another person has been seriously injured as the result of your car accident, even if that other person was a passenger in your very own vehicle, the minimum penalty for a criminal charge of a DUI with Serious Bodily Injury is five years incarceration in a Florida state prison.

Florida Standardized Field Sobriety Tests (SFSTs)  

Under Florida law, an officer is allowed to pull over any driver that they believe under probable cause guidelines to be intoxicated. After pulling someone to the side of the road, the officer may engage in conversation to determine sobriety or, in some cases, may administer a physical test in lieu of or before a breathalyzer.

These standardized field sobriety tests (SFSTs) include:

  • The Horizontal Gaze Nystagmus Test: During the horizontal gaze nystagmus test, the officer observes the suspect’s eyes while the suspect’s eyes follow the path of a slow moving object. Officers typically use flashlights as it allows them to illuminate and easily monitor the suspect’s face, but any small item is usable. Officers look for certain signs of intoxication while administering the test. These signs include being unable to smoothly follow the object, the suspect involuntary jerking their eye in a movement called nystagmus, and the suspect involuntary jerking their eyes when it’s moved 45 degrees to the right or left.
  • The One-Leg Stand Test: This test is designed to measure a suspect’s intoxication levels by their ability to stay balanced and multi-task. The officer begins this test by explaining the instructions to the suspect. After the suspect has heard the instructions while both feet were on the ground and the suspect’s arms were at their side, the suspect then lifts one foot, keeping the bottom of their foot parallel to the floor. They must then begin counting while keeping their attention on their raised foot. The officer will be monitoring their ability to remain balanced and if they swayed, dropped their foot too soon, or used their arms to remain upright.
  • The Walk and Turn Test: The walk and turn test is a staple of intoxication testing and is likely the one that first comes to mind when you think of a driver testing someone who may be intoxicated. To administer this test, an officer explains the instructions to the suspect who must then walk nine steps forward in a straight line. Each step must be heel-to-toe, and the suspect must not sway or wobble while walking. After proceeding nine steps forward, the suspect must then turn and walk back to their starting point. If the suspect cannot stay balanced while walking or turning, begins before the officer has instructed them to do so, takes the wrong number of steps, or does not walk heel-to-toe, the officer may have probable cause to determine that the suspect is intoxicated.

Florida DY frequently asked questions FAQs

Will a DY give me a criminal record?

In a state of Florida, it is a crime to drive over the legal limit of alcohol or while under the influence of an intoxicating drug. When somebody is arrested and charged with ADY, the charge will either be a misdemeanor DUI criminal charge or a felony DUI criminal charge. Whether you’re DY is charged as a misdemeanor offense or a felony offense, until you were convicted of a crime, this will not show up on your criminal record. However, if you lose your DY criminal trial, whether you’ve been charged with a misdemeanor or a felony that DY conviction will show up on your criminal record affecting employment opportunities and many other opportunities.

Fortunately in the state of Florida, there are some opportunities in which a DY could be played down if the offender is a first time offender and is willing to enter into a first time offender program. Our law firm helps to defend those who have been charged with DUI or any other criminal offense throughout the state of Florida

Could I get a DUI for prescription medication that my doctor has prescribed?

Depends. If the medications that you’ve been prescribed impair brain or motor function, there’s a possibility that you could be charged with a DUI. Driving under the influence means driving under the influence of any intoxicating substance such as prescription medications, alcohol, Illicit narcotics, marijuana, or any other chemical that has been consumed that in pairs brain or motor function.

How should I handle a roadside DUI investigation with law-enforcement?

Obviously our law firm does not condone drinking and driving for your safety and the safety of others. However, if you’ve been pulled over and you are facing an investigation for potential DY, the correct course of action is to be polite with the law enforcement officer. Provide your license, registration, and proof of insurance when I asked. Keep in mind that you were not required by law to answer any questions law enforcement asks of you. If you’ve been pulled over and are being questioned by law-enforcement, you can refuse to answer questions by simply stating “with all due respect officer, my attorney has advised me not to answer any questions without my attorney being present or my attorney‘s permission.“ in most cases, the defendant ends up causing more trouble than good by speaking to law enforcement officers. It can also be argued that the law enforcement officer does not know you personally and does not no your speech patterns or your parents which can help you later in court. This can help your do you why defense lawyer in Orlando argue there was no probable cause or reasonable suspicion to conduct the DUI investigation.

Orlando DUI Lawyer, Defending Clients Across Orange County

If you were arrested for DUI in Orlando, you are not alone. Orlando sees thousands of DUI arrests every year, especially around the attractions, downtown nightlife, and the I-4 corridor. A DUI arrest in Orange County can happen fast, and once you are booked into the Orange County Jail, your case begins moving through the system immediately. As a DUI defense lawyer representing clients throughout Central Florida, I help people protect their licenses, their records, and their future from the harsh consequences of a DUI conviction.

Whether your arrest happened in Downtown Orlando, near UCF, close to the attractions by International Drive, or anywhere else in Orange County, your case will be handled in the Orange County Courthouse. Orlando officers, Orange County deputies, and Florida Highway Patrol troopers focus heavily on DUI enforcement. You need a defense built on knowledge of how these agencies operate and how local judges analyze DUI evidence.

Criminal Courts Handling DUI Cases in Orlando

All Orlando DUI cases go through the Orange County Courthouse, located at:

Orange County Courthouse
425 N. Orange Ave
Orlando, FL 32801

This courthouse handles:

  • DUI arraignments
  • First appearance hearings
  • Motions to suppress
  • Jury trials
  • DUI misdemeanor and felony cases

The Clerk of Court provides online access to court dockets and case information. Parking garages surround the courthouse, and entry requires passing through security screening. DUI defendants in Orlando typically appear in County Court Division 63, 64, or 65, depending on the specific judge assignment.

Orlando Police Department DUI Arrest Procedures

Orlando Police Department Headquarters
1250 W. South St
Orlando, FL 32805

OPD handles DUI arrests within city limits, covering:

  • Downtown Orlando
  • Colonial Drive corridor
  • UCF area
  • Lake Nona
  • International Drive and tourist districts

OPD officers use body cameras, and this footage becomes a key part of DUI defense. Reports can be requested through OPD’s online records portal. Arrests usually involve transport to the Orange County Booking and Release Center for processing.

Orange County Sheriff’s Office and Arrest Processing

Orange County Sheriff’s Office (OCSO)
2500 W. Colonial Dr
Orlando, FL 32804

The Sheriff’s Office is responsible for:

  • DUI arrests in unincorporated Orange County
  • Jail transport
  • Warrant enforcement
  • Road patrol DUI stops

OCSO maintains the Online Inmate Search, which is updated frequently. Many DUI arrests happen near the tourist areas west of I-4 or along major arterial roads like Sand Lake Road and Kirkman Road.

Orange County Jail Information

All DUI arrestees in Orlando go to:

Orange County Jail (Booking and Release Center)
3855 S. John Young Pkwy
Orlando, FL 32839

Important details for clients and families:

  • DUI arrestees often have a holding period before bond release
  • First appearance happens within 24 hours
  • Phone calls can be made from jail kiosks
  • Visitation occurs by appointment
  • Bond can be posted through the jail cashier or a bondsman

Knowing this information helps clients understand what to expect in the hours after an arrest.

Florida Highway Patrol DUI Enforcement in Orlando

Orlando is under Florida Highway Patrol Troop D, which focuses on:

  • I-4
  • Florida’s Turnpike
  • State Road 408
  • State Road 417

FHP has DUI units trained in standardized field sobriety exercises. Many DUI stops occur after minor traffic violations or during late night patrols on I-4.

The DUI Court Process in Orlando

Your case typically begins the next morning at first appearance, unless you posted bond. After that, you will have:

  • Arraignment
  • Pretrial hearings
  • Discovery exchange
  • Motions to suppress
  • Trial when necessary

Orange County judges vary in how they treat DUI refusals, breath test results, and body cam issues. Some judges permit early negotiations, while others prefer full hearing schedules. A strong defense includes understanding each courtroom’s tendencies.

Local DUI Programs, DUI School, and Evaluation Centers

Orange County defendants often must complete:

  • DUI Level 1 or Level 2 School
  • Substance abuse evaluation
  • Treatment programs when recommended

Approved providers include:

Orange County DUI Counterattack School
3816 E. Michigan St, Orlando, FL 32806

Ignition interlock devices can be installed at local vendors throughout Orlando.

Probation reporting typically occurs at:

Orange County Probation Office
4500 S. Orange Blossom Trl
Orlando, FL 32839

Common DUI Arrest Locations in Orlando

DUI stops often occur on:

  • Interstate 4 through Downtown Orlando
  • Colonial Drive
  • International Drive
  • Orange Blossom Trail
  • Kirkman Road near Universal Orlando
  • Sand Lake Road near tourist areas
  • John Young Parkway
  • University Boulevard near UCF

Weekends, holidays, concerts, theme park events, and nightlife districts contribute to higher DUI patrol activity.

State Attorney’s Office Handling Orlando DUI Cases

Ninth Judicial Circuit State Attorney’s Office
415 N. Orange Ave
Orlando, FL 32801

Prosecutors in this circuit handle:

  • DUI
  • DUI with property damage
  • DUI with injury
  • DUI refusal cases
  • Felony DUI (repeat offenses or serious injury)

This office has dedicated misdemeanor divisions where most DUI cases begin.

Why Local Knowledge Matters in Orlando DUI Defense

Defending DUI cases in Orlando requires understanding:

  • How Orange County judges rule on motions
  • How OPD and OCSO officers administer field sobriety tests
  • How FHP Troop D conducts DUI investigations
  • Where body cam failures commonly occur
  • Which prosecutors negotiate reductions
  • Local procedures for breath test machine calibration

This local knowledge allows me to identify weaknesses quickly and push for dismissals, reductions, or lesser penalties.

Why You Need a Private Orlando DUI Lawyer Immediately

When you have only ten days to save your license, delays hurt your defense. A private attorney can:

  • Secure body camera and dash camera footage before it is overwritten
  • Obtain 911 calls and dispatch logs.
  • Challenge the legality of the stop.
  • Review breath test maintenance records.
  • Present medical reasons for symptoms mistaken for impairment.
  • Attend hearings on your behalf.
  • Fight to prevent license suspension.

Orlando DUI enforcement is aggressive. You need a defense tailored to this city, this county, and these officers.

Local Orlando DUI FAQs

Where will my DUI case be heard in Orlando?
Your case will be handled at the Orange County Courthouse at 425 N. Orange Avenue. County judges oversee DUI arraignments, suppression hearings, and trials. Most first offenders appear in one of the county criminal divisions. The courthouse has specific scheduling rules, and knowing the judge’s tendencies helps shape the defense. A local attorney familiar with the courthouse procedures improves your chances of obtaining a favorable result.

Where will I be taken after my DUI arrest in Orlando?
You will be transported to the Orange County Jail at the Booking and Release Center. There you will be fingerprinted, photographed, and held until your bond is posted or until your first appearance hearing. DUI arrests sometimes include a mandatory holding period before release. Family members can search for you on the Orange County Inmate Search page. Understanding these steps reduces stress for those trying to help you.

Which police agencies make most DUI arrests in Orlando?
The Orlando Police Department handles arrests inside city limits, especially downtown and along busy nightlife areas. The Orange County Sheriff’s Office patrols unincorporated zones and tourist corridors. Florida Highway Patrol Troop D is active on I-4 and major expressways. Each agency has different procedures, different training, and different tendencies in DUI arrest reports. A strong defense includes examining which agency arrested you and identifying common investigative weaknesses in that agency’s process.

Where do I attend DUI school in Orlando?
Most clients complete classes through the Orange County DUI Counterattack School on Michigan Street. Some defendants also attend evaluations at treatment centers approved by the court. The type of program you are assigned depends on whether this is a first or repeat DUI. Completing the evaluation early can help with negotiations or reduce penalties.

Can my Orlando DUI be reduced to reckless driving?
Yes, many Orlando DUI cases can be reduced to reckless driving, but it depends on the strength of the evidence. Prosecutors review body cam footage, traffic stop justification, breath test results, and field sobriety exercises. If weaknesses exist, reductions are often possible. A private attorney identifies those weaknesses and presents them effectively. Reductions save clients from the long-term damage of a DUI conviction.

Will I lose my license immediately after a DUI in Orlando?
Florida’s ten-day rule applies statewide. You must act quickly to request a formal review hearing with the DMV or apply for a hardship license. Orange County drivers who miss this deadline lose valuable opportunities. A private attorney can file the request and begin preparing for both the administrative and criminal sides of the case.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Orlando, Winter Park, Kissimmee, Lake Buena Vista, Winter Garden, Ocoee, and every community throughout Orange County and Central Florida.

Musca Law

2480 33rd Street, Suite B
Orlando, Florida 32839
Phone: (407) 863-4834
Hours: Open, Open 24/7

Get your case started by calling us at (407) 863-4834 today!