Thanksgiving Eve in Orlando, commonly known as “Blackout Wednesday,” has become synonymous with parties, gatherings, and an increased risk of DUI arrests. Whether you’re hitting the bars, celebrating with friends, or simply driving back home after a long day, the temptation to drink often leads to dangerous decisions. But if you find yourself arrested on Thanksgiving Eve for DUI, it’s important to know how to proceed and protect your rights. This article provides guidance on what to do after a DUI arrest and offers insight into the steps you can take to navigate the legal process.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
What is Blackout Wednesday? 
The Wednesday before Thanksgiving is one of the busiest nights for bars and social events, making it a prime time for people to indulge in alcohol. While many enjoy the evening catching up with friends, this heavy drinking leads to an increase in impaired driving and, consequently, DUI arrests. “Blackout Wednesday” in Orlando is no exception. Local authorities are keenly aware of the heightened DUI risk and increase patrols during this time.
As the night winds down, many individuals may find themselves at a crossroads, making the choice to drive when they’re not in a condition to do so. In Florida, the legal blood alcohol concentration (BAC) limit is 0.08%, but that doesn’t mean you’re safe to drive once you hit that limit. Many drivers may still be impaired, even if their BAC is below 0.08%. For this reason, DUI arrests surge on this day, and it’s essential to understand how to respond if you are arrested for a DUI.
The Immediate Aftermath of a DUI Arrest in Orlando
After a DUI arrest in Orlando, several critical steps follow. The actions you take immediately after your arrest can significantly impact the outcome of your case.
Understanding Your DUI Rights
One of the first things you should do is remember your legal rights. In Florida, you have the right to remain silent and the right to consult with an attorney. While it may be tempting to explain yourself to law enforcement officers, it’s crucial to avoid making statements that could be used against you later. Staying calm and respectful with law enforcement will help you avoid escalating the situation.
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After your arrest, you will be taken to a local facility for booking. Florida law mandates that all DUI arrests result in a suspension of your driver’s license for a period, even before the outcome of your trial. At this point, a refusal to take a breathalyzer test can lead to additional penalties, including an automatic one-year license suspension.
Consult an Experienced DUI Attorney
Once you’ve been arrested and processed, your next move should be contacting a DUI attorney with experience in handling cases similar to yours. A knowledgeable DUI attorney can help you navigate the legal landscape, explain your rights, and offer strategic counsel for your defense. Your attorney will review the circumstances surrounding your arrest, examine whether the police followed proper procedures, and assess the validity of the evidence against you.
In some cases, there may be technical errors, such as improper breathalyzer calibration or questionable police conduct, that could lead to a reduction or dismissal of your charges. Orlando DUI attorneys are well-versed in such legal defenses and can help build a strong case in your favor.
Prepare for Court Proceedings
After the initial booking, you’ll likely be scheduled for a court appearance. It’s essential to appear on time for all hearings and to comply with any conditions imposed by the court. Missing court dates could lead to additional charges or warrants for your arrest, making the situation more complicated.
At your first court appearance, known as an arraignment, you will enter a plea. If you plead guilty, you may face immediate sentencing. However, pleading guilty to a DUI charge can lead to serious penalties, including fines, license suspension, mandatory DUI education classes, and possible jail time. An experienced DUI attorney can negotiate for lesser penalties, possibly reducing the severity of the punishment or helping you avoid conviction altogether.
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Understanding the Potential Consequences of a DUI Conviction
If convicted of DUI in Florida, the consequences can be severe and far-reaching. A first-time DUI offender may face a fine of up to $1,000, a six-month license suspension, and up to six months in jail. If your BAC was above 0.15%, these penalties increase significantly.
For subsequent offenses, penalties escalate further. Repeat offenders face longer license suspensions, higher fines, mandatory DUI programs, and potentially longer jail sentences. Additionally, a DUI conviction will result in a permanent criminal record, which can impact your career, relationships, and future employment opportunities.
What Defenses Can Be Used in a DUI Case?
While DUI charges carry serious consequences, they are not always straightforward. Several common defenses may apply to your case, including:
Improper Traffic Stop
The police officer must have had a valid reason to stop your vehicle in the first place. If the stop was made without reasonable suspicion, the evidence against you may be inadmissible.
Questionable Breathalyzer Results
Breathalyzer machines need to be properly maintained and calibrated to ensure accurate results. If the machine was malfunctioning or improperly calibrated, your attorney can challenge the results.
Field Sobriety Test Issues
These tests are subjective, and the results can be influenced by various factors such as fatigue, anxiety, or physical conditions unrelated to intoxication.
Serious Results
Medical Conditions or Medications
Certain medical conditions or medications can mimic the symptoms of intoxication. An experienced DUI attorney can use this information to challenge the accusations.
How a DUI Attorney Can Help Protect Your Rights
A skilled DUI attorney is crucial in guiding you through the complexities of Florida’s DUI laws. They can help you understand the charges, evaluate your case for possible defenses, negotiate with the prosecution, and, if necessary, represent you in court. In addition to minimizing the penalties you may face, an attorney can also help you explore alternatives, such as seeking a plea bargain or enrolling in diversion programs that may reduce the consequences of your DUI arrest.
If you’ve been arrested for DUI during Orlando’s “Blackout Wednesday” celebrations, Victory Law Firm P.A. is here to help. Our experienced DUI attorneys understand the local legal system and know how to fight for your rights. We offer free consultations to discuss your case and help you navigate the legal challenges ahead. Don’t let a DUI arrest ruin your future—contact Victory Law Firm P.A. today to discuss your options.
Disclaimer
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.