An Orlando DUI Lawyer’s Guide to the First 48 Hours and What Happens Next

A DUI Lawyer’s Guide to the First 48 Hours and What Happens Next

A DUI arrest in Orlando or elsewhere in Orange County can be confusing and overwhelming. The process starts immediately, and decisions made during the traffic stop and within the first 24 to 48 hours can affect your driver’s license, criminal case and future.

A Florida DUI arrest can create two separate proceedings. The first is a criminal case handled through the Orange County court system. The second is an administrative proceeding involving your Florida driving privileges. These proceedings have separate deadlines and can produce different consequences.

This guide explains what generally happens during and after an Orlando DUI arrest, the deadlines you need to know and the steps you can take to protect yourself or help a family member.

Step 1: The Orlando DUI Stop and Investigation

Many DUI investigations in Orange County begin after an officer alleges that a driver was speeding, weaving, failing to maintain a lane, driving without headlights or committing another traffic violation. Investigations may also begin at a DUI checkpoint, after a crash or when an officer approaches a stopped or parked vehicle.

DUI stops in Orlando and Orange County may be conducted by agencies including:

• Orlando Police Department
• Orange County Sheriff’s Office
• Florida Highway Patrol
• Winter Park Police Department
• Apopka Police Department
• Ocoee Police Department
• Winter Garden Police Department
• Maitland Police Department
• Belle Isle Police Department
• University of Central Florida Police Department
• Orlando International Airport law enforcement
• Florida Fish and Wildlife Conservation Commission

During the investigation, an officer may ask where you were coming from, whether you consumed alcohol or drugs and how much you consumed. The officer may also look for alleged signs of impairment, including:

• Bloodshot or watery eyes
• Slurred speech
• The odor of an alcoholic beverage
• Difficulty locating a license or other documents
• Problems exiting the vehicle
• Swaying or difficulty balancing
• Confusion or delayed responses

These observations can be subjective and do not necessarily prove that someone was impaired. Fatigue, anxiety, allergies, injuries, medical conditions and environmental factors may produce similar symptoms.

Remain Calm and Avoid Unnecessary Statements

Remain calm and respectful during the stop. Provide your driver’s license, vehicle registration and proof of insurance when legally required. Do not argue with the officer or physically resist.

Avoid volunteering unnecessary information about where you were, what you consumed or how much you drank. Statements made during the roadside investigation can appear in the arrest report and may later be used by prosecutors.

Roadside Field Sobriety Exercises

An officer may ask you to perform roadside field sobriety exercises. Common exercises include:

• Horizontal gaze nystagmus exercise
• Walk-and-turn exercise
• One-leg stand exercise
• Finger-to-nose exercise

Performance may be affected by physical injuries, age, footwear, rain, traffic, lighting, uneven pavement, confusing instructions or nervousness. These factors may be particularly important when exercises are conducted beside busy Orlando-area roads such as Interstate 4, State Road 408, State Road 417, Orange Blossom Trail or Colonial Drive.

Body-camera and dashboard-camera footage may help determine whether the exercises were properly explained, demonstrated and administered.

Step 2: Arrest and Chemical Testing

If an officer believes probable cause exists, the driver may be arrested and transported for processing. A Florida DUI arrest may involve a request for a breath, blood or urine sample, depending on the allegations and circumstances.

Breath testing generally occurs after an arrest. The testing process should include an observation period and other procedures intended to protect the reliability of the reported results.

A reported breath-alcohol level of .08 or higher does not automatically prevent a DUI case from being challenged. An Orlando DUI attorney may review issues involving:

• The legality of the initial traffic stop
• Whether sufficient probable cause existed for the arrest
• The required observation period
• The qualifications of the breath-test operator
• Inspection and maintenance records
• Whether the breath-test machine produced valid results
• Medical or environmental factors
• The timing of the alleged driving and the breath test
• Whether police reports agree with available video evidence

What Happens if You Refuse a Breath Test?

An alleged refusal following a lawful DUI arrest can result in an administrative driver’s license suspension. A first refusal generally results in a one-year suspension. A second or subsequent refusal may result in an 18-month suspension and a separate criminal charge.

Prosecutors may also attempt to introduce evidence of a refusal in the criminal case. However, an attorney can examine whether the implied-consent warning was properly given and whether the alleged refusal was clear, voluntary and legally valid.

Florida’s breath-test refusal laws have changed over time, making it especially important to review the law that applied on the date of the arrest.

Step 3: Booking at an Orange County Detention Facility

People arrested for DUI in Orlando are generally processed through the Orange County Corrections system. The exact facility and booking procedure may depend on the arresting agency, classification and circumstances of the case.

The booking process may include:

• Fingerprinting and photographs
• Recording personal and identifying information
• Medical screening
• Inventorying personal belongings
• Reviewing the charges and any outstanding warrants
• Placement in a holding area
• Determining release or bond eligibility

Processing and release times vary. The amount of time someone remains in custody may depend on facility volume, the arrest time, the alleged alcohol level, prior history, additional charges, medical concerns and whether the incident involved a crash or injury.

Do not assume that every first-time DUI arrest will result in immediate release. Release conditions are determined according to the allegations, the person’s history and applicable court procedures.

Step 4: Bond, Release or First Appearance

After booking, several different things may happen.

Release on Recognizance

Some defendants may be released on their own recognizance without posting a monetary bond. Eligibility can depend on the charges, criminal history, ties to the community and other relevant circumstances.

Posting Bond

If the court requires a monetary bond, it may need to be posted before the person can be released. The court may also impose restrictions or other conditions that continue after release.

First Appearance

A person who remains in custody will generally be brought before a judge for a first appearance. At this hearing, the judge may:

• Review whether probable cause exists
• Confirm the charges
• Set or modify bond
• Establish conditions of release
• Restrict alcohol or controlled-substance use
• Require pretrial supervision
• Address restrictions involving driving or travel

First appearance is not a trial. The judge generally does not decide whether the defendant is guilty or innocent at this stage.

Step 5: What to Do During the First 24 to 48 Hours

The first two days following an Orlando DUI arrest can be especially important. Driver’s license deadlines begin quickly, and video or other evidence may need to be identified and preserved.

Contact an Orlando DUI Lawyer

Early involvement allows an attorney to begin evaluating the traffic stop, arrest, field sobriety exercises, chemical testing and available video. A lawyer can also identify immediate deadlines and explain what may happen in the Orange County court system.

Contact an Orlando DUI lawyer serving Orange County.

Protect Your Driver’s License: The 10-Day Deadline

You generally have only 10 days following a Florida DUI arrest to seek formal or informal review of an administrative driver’s license suspension. Depending on your eligibility and the circumstances, you may also have the option to waive review and apply for restricted driving privileges.

The administrative suspension is separate from the criminal DUI case. Waiting for the first Orange County court date could cause you to miss the deadline for addressing the administrative suspension.

Review the notice and temporary driving permit provided after the arrest carefully. Do not drive unless you are certain that your driver’s license or temporary permit is valid.

Additional information about administrative license reviews is available through the Florida Department of Highway Safety and Motor Vehicles.

Do Not Discuss the Case Publicly

Avoid discussing the facts of the case with:

• Law-enforcement officers without legal advice
• Other people in the detention facility
• Friends or relatives on recorded jail calls
• Coworkers or employers unless necessary
• People on social media

Jail calls are generally recorded. Statements, photographs, messages and social-media posts may later become evidence.

Write Down What Happened

As soon as possible, write down everything you remember about the investigation, including:

• Where and when the stop occurred
• The reason the officer gave for stopping you
• What the officer asked and what you said
• What happened before you drove
• When and what you ate or drank
• Whether you took any medication
• How the field sobriety exercises were explained
• Road, lighting and weather conditions
• Whether body cameras or dashboard cameras were present
• Whether passengers or other witnesses were present
• How long you waited before chemical testing

Small details can become important when the reports and videos are reviewed. Memories fade quickly, so prepare these notes while the events are still fresh.

Preserve Potential Evidence

Save anything that may help establish the timeline or circumstances surrounding the arrest, including:

• Restaurant, hotel or bar receipts
• Credit-card transactions
• Text messages
• Ride-share records
• Photographs and videos
• Phone location history
• Names and contact information for witnesses
• Medical records and prescription information

Surveillance footage may be especially relevant when an arrest occurs near a hotel, restaurant, theme park, parking garage, apartment complex or business. Many systems automatically delete recordings after a short period. An attorney may be able to identify and request preservation of relevant footage.

Step 6: Helping Someone Arrested for DUI in Orlando

If a family member or friend has been arrested for DUI in Orange County, there are several practical steps you can take.

Confirm Where the Person Is Being Held

Use Orange County’s inmate information system to confirm the person’s location, booking status and identifying information.

Search Orange County inmate records.

Determine Whether Bond Is Required

Find out whether the person qualifies for release, whether a monetary bond has been set and whether any special release conditions apply.

Limit Conversations About the Arrest

Jail calls are generally recorded. Avoid asking the arrested person to describe what happened, how much alcohol was consumed, whether drugs were used or what was said to the officer.

Focus the conversation on immediate needs such as release arrangements, medication, childcare, transportation and contacting an attorney.

Gather Important Documents

If possible, help preserve:

• Booking and release paperwork
• The DUI citation
• Driver’s license documents
• Vehicle towing or impoundment information
• Insurance documents
• Receipts and potential witness information

Step 7: What Happens Next in an Orange County DUI Case?

After release, the criminal case generally proceeds through Florida’s Ninth Judicial Circuit. Most misdemeanor DUI cases are handled by the County Criminal Division. Felony DUI cases are handled by the Circuit Criminal Division.

Many Orange County proceedings take place at:

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

The assigned courthouse and courtroom depend on the charges, arrest location and stage of the case. Review the citation, release documents and court notices carefully.

View Orange County Clerk of Courts criminal case information.

Arraignment

At arraignment, the defendant is formally advised of the charge and a plea is entered. Depending on the case and representation, an attorney may be able to handle certain preliminary matters without the defendant personally appearing.

Never miss a scheduled court date unless your lawyer or the court has confirmed that your appearance is excused.

Discovery and Evidence Review

The defense may obtain and review evidence such as:

• Police and arrest reports
• Body-camera and dashboard-camera footage
• Dispatch and 911 records
• Field sobriety exercise video
• Breath-test records
• Inspection and maintenance records
• Blood or urine laboratory results
• Photographs
• Crash reports
• Witness statements
• Available surveillance footage

Pretrial Hearings and Motions

Depending on the evidence, an attorney may file motions challenging the traffic stop, arrest, statements, chemical testing or other evidence. A motion to suppress may ask the court to prevent illegally obtained evidence from being introduced at trial.

Negotiation, Diversion, Trial or Another Resolution

A DUI case may be resolved through dismissal, negotiation, a plea, participation in an eligible diversion program or trial. Available options depend on the evidence, criminal history, alleged alcohol level, aggravating circumstances and policies of the State Attorney’s Office.

Diversion eligibility is not automatic. A person’s eligibility may depend on factors such as:

• Prior criminal or DUI history
• The facts surrounding the arrest
• The alleged breath- or blood-alcohol level
• Whether the case involved a crash or injury
• Whether a minor was present in the vehicle
• Whether the defendant faces additional charges
• Compliance with all program requirements

Program policies and eligibility requirements can change. An Orlando DUI lawyer can determine whether diversion or another negotiated resolution may be available and explain how it could affect the case.

If an acceptable resolution cannot be reached, the defendant has the right to contest the charge at trial.

How an Orlando DUI Lawyer Evaluates the Evidence

A DUI arrest does not automatically mean the state can prove the charge. A defense attorney may investigate:

• Whether the officer had a lawful reason for the traffic stop
• Whether the accused person was driving or in actual physical control of the vehicle
• Whether sufficient probable cause existed for the arrest
• How the field sobriety exercises were explained and administered
• Whether physical or medical conditions affected performance
• Whether breath-testing procedures were properly followed
• Whether blood or urine samples were properly collected, stored and tested
• Whether officer statements agree with video evidence
• Whether important evidence is missing
• Whether the defendant’s constitutional rights were violated

Potential defenses depend on the individual facts. No single defense applies to every Orlando DUI case, and no specific result can be guaranteed.

What Penalties Can Follow a Florida DUI Conviction?

Under Florida Statute §316.193, a first DUI conviction can result in:

• A fine of $500 to $1,000
• Up to six months in jail
• Probation
• Driver’s license revocation
• DUI school and a substance-abuse evaluation
• Community service
• Vehicle impoundment or immobilization
• Court costs and other expenses

Enhanced penalties may apply when the alleged alcohol level was .15 or higher, a person under 18 was in the vehicle, the incident caused property damage or injury, or the driver has previous DUI convictions.

A DUI can also affect employment, professional licenses, insurance costs, travel and other parts of a person’s life.

Why Local Experience Matters in an Orange County DUI Case

Florida’s DUI statutes apply throughout the state, but each county has its own court procedures, prosecutors, law-enforcement agencies and local practices.

Orange County cases may involve:

• Investigations by the Orlando Police Department or Orange County Sheriff’s Office
• Florida Highway Patrol stops on Interstate 4, State Road 408, State Road 417 or Florida’s Turnpike
• Arrests involving visitors or out-of-state drivers
• Stops near theme parks, hotels and entertainment districts
• Investigations involving the University of Central Florida area
• Booking through the Orange County Corrections system
• Proceedings through Florida’s Ninth Judicial Circuit

An attorney familiar with Orlando and Orange County can evaluate how these local procedures apply to the specific case.

Frequently Asked Questions About Orlando DUI Arrests

How long will someone stay in jail after a DUI arrest in Orlando?

Processing and release times vary. Some people arrested for a first-time, non-aggravated DUI may be released after several hours, while others may remain in custody longer. Timing depends on facility volume, release eligibility, additional charges, medical issues and whether a first appearance is required.

Where are Orlando DUI arrests processed?

People arrested in Orlando and Orange County are generally processed through the Orange County Corrections system. The specific facility and procedure may depend on the arresting agency, charges and classification.

Where will an Orange County DUI case be heard?

Most misdemeanor DUI cases are handled by the Orange County Court’s Criminal Division. Felony DUI cases are handled in Circuit Court. Many proceedings take place at the Orange County Courthouse at 425 N. Orange Avenue in Downtown Orlando.

What happens to my driver’s license after an Orlando DUI arrest?

The arrest may result in an administrative driver’s license suspension. You generally have only 10 days to request review of the suspension or evaluate another available option. This proceeding is separate from the criminal case.

What if I live outside Florida but was arrested for DUI in Orlando?

Orlando DUI arrests frequently involve tourists, business travelers and other out-of-state drivers. The Florida criminal case still requires attention, and the arrest may also create licensing consequences in the driver’s home state. An attorney can explain which court appearances may be required and whether any preliminary proceedings can be handled without the defendant traveling to Orlando.

Can an Orlando DUI charge be reduced or dismissed?

Depending on the evidence, a DUI charge may be challenged, reduced or dismissed. Relevant issues may include the legality of the traffic stop, probable cause, field sobriety exercises, chemical testing, missing video or conflicts between police reports and recorded evidence. Some qualifying defendants may also be considered for a diversion program or another negotiated resolution.

Can I fight a DUI if my breath result was over .08?

Yes. A reported breath result does not prevent the defense from challenging the legality of the stop, the arrest, the operation of the testing equipment or the procedures used to obtain the result.

Can I be arrested for DUI after taking prescription medication?

Yes. Florida’s DUI law is not limited to alcohol. A person may be accused of DUI involving prescription medication, illegal drugs or another chemical substance. These cases can raise issues involving toxicology testing, dosage, medical history and whether the substance actually impaired the person’s normal faculties.

The Bottom Line: Act Quickly After an Orlando DUI Arrest

A DUI arrest in Orlando can move quickly from roadside investigation to booking, release, administrative license proceedings and court. Important decisions are made early, and waiting can make it harder to preserve evidence or protect available options.

The DUI and Criminal Division of The Ticket Clinic has defended Florida DUI and traffic cases since 1987. Our Orlando team represents clients throughout Orange County, including Orlando, Winter Park, Apopka, Ocoee, Winter Garden, Maitland, Belle Isle, Windermere, Dr. Phillips, Pine Hills, College Park and the University of Central Florida area.

Our attorneys examine the traffic stop, field sobriety exercises, chemical testing, videos, police reports and Orange County court procedures to develop a defense based on the specific evidence.

A DUI arrest is not a conviction. Contact our Orlando team as soon as possible to discuss the case and the deadlines that may apply.

Call The Ticket Clinic’s DUI and Criminal Division:
(800) 625-5232

Speak with an Orlando DUI lawyer serving Orange County.