If you’ve been arrested for driving under the influence (DUI) in Orlando during New Year’s celebrations, you might be feeling overwhelmed by the legal complexities ahead. This time of year is often marked by an increase in DUI arrests, as people celebrate the New Year with alcohol and other substances. If you find yourself in this situation, it’s crucial to understand the legal process and what to expect next. From the arraignment to potential license suspension issues, here’s everything you need to know about the steps that follow a DUI arrest in Orlando.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
What Happens Immediately After a DUI Arrest in Orlando? 
After your arrest, the police will take you into custody, where they will process your information, take fingerprints, and potentially request a breathalyzer test or blood sample to confirm your blood alcohol content (BAC). If you refused to take a test or if your BAC was above the legal limit (0.08% in Florida), you will face additional consequences on top of criminal charges.
You will be placed in front of a judge for a bond hearing. During this hearing, the judge will determine whether you are eligible for bail. If you are granted bail, you may be released until your trial or further hearings. However, depending on the circumstances of your case (e.g., previous offenses or the severity of the incident), the judge may impose strict conditions or deny bail altogether.
Arraignment: What to Expect in the Orlando Court System
The first formal court appearance after your DUI arrest is the arraignment. In Orlando, you can expect to appear before a judge typically within 24 to 72 hours after your arrest. The purpose of the arraignment is to formally present the charges against you, and it is here where you will enter a plea.
At the arraignment, you’ll be asked to make one of the following pleas:
- Guilty: This plea means you accept the charges as they are and agree to move forward with the legal consequences. If you plead guilty, the judge will proceed with sentencing. However, this is often not the best choice without considering your options.
- Not guilty: This plea means you deny the charges, and your case will proceed to trial where both sides will present their evidence and arguments.
- No contest: A no-contest plea means that you do not dispute the charges, but you do not admit guilt either. You will still be subject to penalties, but this plea can sometimes prevent the conviction from being used against you in civil litigation.
If you choose to plead not guilty, your case will move to the next phase, which involves pre-trial motions, hearings, and possibly a trial. It’s highly advisable to have an experienced DUI attorney by your side during the arraignment to ensure your rights are protected.
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Understanding the DUI License Suspension and How to Contest It
One of the most immediate and concerning consequences of a DUI arrest in Orlando is the administrative suspension of your driver’s license. Florida’s laws mandate that if you refuse to take a breathalyzer test or if you test over the legal limit, your license will be suspended. The suspension can occur as soon as you’re arrested.
Here’s what you need to know:
- License Suspension for Refusal: If you refuse to submit to a breath or blood test, your license will be automatically suspended for one year. The penalty can be more severe for second or subsequent refusals.
- License Suspension for BAC Over the Limit: If your BAC is above 0.08%, you will face a six-month suspension of your driver’s license.
However, you have 10 days from your arrest to request a formal hearing to contest the suspension. If you do not request the hearing within this timeframe, the suspension will automatically take effect. A DUI attorney can help you navigate this process and potentially reduce or avoid the suspension.
In cases where you lose the hearing or fail to contest it, you may be eligible for a hardship license. This limited license allows you to drive for specific purposes, such as work or medical appointments. However, obtaining this license is not guaranteed, and you will need to meet certain criteria to be approved.
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What Happens After the Arraignment? Steps Leading to Trial or Plea Bargain
Once your arraignment is complete, the next step is to prepare for your trial or a potential plea deal. In some cases, the prosecution may offer a plea bargain that could result in reduced penalties. It’s crucial to have legal representation during this phase, as an experienced attorney will be able to evaluate the strength of the prosecution’s case and negotiate on your behalf.
During the pre-trial phase, the following steps may occur:
- Discovery: Both sides exchange evidence, including witness statements, police reports, and any video footage of the arrest. The defense will review this evidence to identify any weaknesses in the prosecution’s case.
- Pre-trial Motions: Your attorney may file motions to suppress evidence or dismiss the case entirely, depending on how the arrest was conducted and the validity of the evidence against you.
- Plea Bargaining: If the prosecution believes that they can’t prove their case beyond a reasonable doubt, they may offer a plea bargain. This could result in reduced charges, such as a reckless driving charge instead of a DUI. Plea bargains can also lead to lighter penalties, including reduced fines or a shorter license suspension.
- Trial: If you plead not guilty and no plea deal is reached, your case will go to trial. During the trial, both the prosecution and defense will present their cases, and a jury or judge will determine whether you are guilty or not guilty. The outcome of the trial will determine your sentence.
Serious Results
Potential Consequences of a DUI Conviction in Florida
A DUI conviction in Florida can have serious consequences, both legally and personally. The penalties can vary depending on the severity of the offense and whether it is a first offense or a repeat DUI. Here’s what you may face:
- First Offense: The penalties for a first-time DUI offense include fines, community service, DUI education programs, probation, and possibly jail time. You may also face a temporary license suspension.
- Second and Subsequent Offenses: A second or subsequent DUI conviction can result in harsher penalties, including longer license suspensions, higher fines, mandatory installation of an ignition interlock device on your vehicle, and longer periods of probation or jail time.
- Aggravating Factors: If there are any aggravating factors, such as a high BAC (over 0.15%), injuries to others, or a child passenger, the penalties will be more severe. For example, causing bodily harm or property damage while driving under the influence can result in felony charges and longer prison sentences.
How an Experienced DUI Lawyer Can Help You
Navigating a DUI case in Orlando can be overwhelming, but the right legal representation can make a significant difference. An experienced DUI attorney can help in the following ways:
- Defending Against Unfair Evidence: Your attorney can challenge any evidence that was obtained illegally or improperly, such as an inaccurate breathalyzer test or violations of your rights during the arrest.
- Negotiating a Plea Deal: A DUI lawyer can help you explore options for a plea bargain that reduces the severity of your charges or penalties.
- Representing You at Trial: If your case goes to trial, your lawyer will represent you in court and work to minimize the consequences of a DUI conviction.
If you’ve been arrested for DUI in Orlando, it’s essential to seek legal representation as soon as possible. Victory Law Firm P.A. has extensive experience in handling DUI cases and is dedicated to providing aggressive defense to clients facing serious criminal charges.
If you or someone you know has been arrested for DUI in Orlando during the New Year’s celebrations, Victory Law Firm P.A. is here to help. Our team offers a free consultation to discuss your case and explore the best legal strategies for reducing the impact of your DUI charge. Contact us today to speak with a skilled DUI attorney who can guide you through every step of the legal process.