Florida DUI Defense: Statewide Representation

When you choose our Orlando law firm to handle your DUI case, you’ll benefit from a team that’s led by a former prosecutor with over 35 years of experience in the criminal justice system. Attorney Mark O’Mara is also Board Certified in Criminal Law by The Florida Bar Board of Legal Specialization. The O’Mara Law Group has been standing up and advocating for clients facing serious DUI charges in Florida for years. If you have questions about your DUI case check out our criminal law FAQ page. Don’t hesitate to call us for help so that we can fight for you, too.

How Can a Criminal Defense Lawyer Help Me After a DUI Arrest in Orlando?

When you’re charged with driving under the influence (DUI), you’re facing the possibility of probation, expensive fines, jail time, and the loss of your driver’s license. Don’t think the charge will just go away or that there won’t be consequences. In fact, a DUI arrest will trigger both criminal and administrative processes. You will have to take prompt action to limit the damage that can be done. Hiring an Orlando criminal defense attorney with experience handling complex DUI cases is the best decision you can make. The O’Mara Law Group will be ready to tackle every aspect of your DUI case to get you the best possible result.

  • Request a DMV hearing within 10 days of your arrest to challenge your license suspension
  • Determine if your traffic stop was lawful or if police lacked reasonable suspicion to pull you over
  • Identify the grounds on which the officers came to have probable cause that you were, in fact, driving under the influence in violation of Florida state law
  • Pinpoint potential issues with field sobriety tests, breathalyzers, or other tests that may have been conducted by the arresting officer(s)
  • Determine if you were the victim of an illegal search and seizure or if your Constitutional rights were violated at any point in time
  • Challenge the validity or reliability of evidence offered by the state
  • Lead conversations with the police, investigators, and the State Attorney’s office
  • Prepare your case for trial if the state refuses to negotiate fairly or offer a reasonable plea deal

Additionally, while expunging a Florida DUI record isn’t possible, our experienced attorneys can explore options and strategies to mitigate the impact of the charges against you. Get our award-winning, nationally-recognized DUI attorneys in your corner. Give yourself every opportunity to protect your license and avoid time behind bars.

Banner media
Testimonials

What Our Clients Say

Reviews media

Compassionate Assistance

The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.

N.L.

Exceptional Service

Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.

K.M.

Support in Family Law

Mr. O’Mara and his entire staff, especially Alyssa, were absolutely impressive with everything. Very efficient and punctual; their understanding of every little detail was way beyond expectations. Honestly, this law group has made a major difference in my life.

K.R.

Expert Guidance in Family Law

I can't thank Mr. Thompson and his team enough for their outstanding support. From the very first meeting, Sarah was incredibly knowledgeable and attentive. They handled every aspect of my case with such professionalism and care. This legal team truly changed my life.

B.M.

Dedicated to Fighting Your Cause

Knowing Mark O’Mara as an attorney who has represented me for the past 23 years and has also been a friend… I can say that Mark is not only dedicated to fighting your cause, but his team shares that same dedication. When you call his office the girls at the front desk always strive to assist you. As for the rest of his team they are committed to winning the best...

R.M.

Nothing Short of Amazing

Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!

G.G.

They Are Top Notch!!!!

I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!

M.M.

Such a Professional and Personable Firm.

Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!

S.D.

I Am Truly Proud

By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A.

M.H.

Way Beyond Expectations

Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...

N.L.

They Were Ready to Fight the Fight

When I went in for my consultation with Mark and Caitlin, I was in a state of total devastation. They lifted the burden and took away the stress of my situation by making me feel completely taken care of. They were ready to fight the fight I didn’t have the emotional strength to do so on my own. I have and will continue to recommend their law group to anyone needing le...

M.S.

Mark Omara was GREAT

Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...

M.
Swiper scrollbar here
O'Mara Law Group - Orlando, FL

Don't Drink and Drive

dont drink and drive video

What Is a DUI in Florida?

Under Florida state law, it’s illegal to operate a motor vehicle if you’re under the influence of drugs or alcohol. There are two ways you can be considered “under the influence”. Those ways include:

  • Your blood alcohol concentration (BAC) exceeds the legal level (.08 percent), or
  • Police have probable cause to believe that your “normal faculties are impaired” by the drugs or alcohol you’ve consumed.

So, you don’t technically have to blow a .08 on a breathalyzer to be arrested, charged, or convicted for a DUI. Police can use evidence of an elevated BAC along with circumstantial evidence to make a DUI case against you. Evidence of impairment might include:

  • Weaving between lanes 
  • Swerving
  • Speeding or driving well below the speed limit
  • Running red lights or stop signs
  • Illegal turns
  • Open containers, drugs, or paraphernalia in the vehicle
  • Alcohol on the breath 
  • Slurred speech
  • Erratic behavior
  • Incoherent answers to questions
  • Confusion or disorientation
  • Failed field sobriety test

These things, considered together, may be sufficient for the state to prove that you were impaired while operating a motor vehicle in Orlando. Note that Florida has a separate statute for boating under the influence (BUI).

Get the Legal Help Your Need Now.

Contact us media

What Are the Penalties for a DUI in Florida?

The penalties for a DUI will ultimately depend on how many convictions you’ve had and if there are any aggravating circumstances present (e.g., BAC at or above .15 percent or whether you had a child passenger in the vehicle).

First DUI

A first DUI offense is a misdemeanor, punishable by:

  • 6 months in jail
  • $500 to $1,000 in fines
  • License revocation for one year
  • Vehicle impoundment for 10 days
  • 1 year of probation, and
  • 50 hours of community service.

If your BAC was .15 percent or higher, then you may also be required to have an Ignition Interlock Device (IID) installed on your vehicle for up to 6 months.

Second DUI

A second DUI is a misdemeanor. The penalties will depend on whether your charge occurs within 5 years of a prior. Within 5 years of a prior, a second DUI carries:

  • Between 10 days and 9 months in jail
  • $1,000 to $2,000 in fines
  • Vehicle impoundment for 10 days
  • 1 year of probation, and
  • IID installation for at least 1 year.

When not within 5 years of a prior, a second DUI carries:

  • One day to 9 months in jail
  • Between $1,000 and $2,000 in fines
  • 1 year of probation
  • License suspension for 6 months to 1 year
  • IID installation for at least 1 year

You may also be required to complete a substance abuse evaluation and complete a treatment program.

Third DUI

If you have two prior DUI convictions, you can face a third-degree felony charge. Your third offense must have occurred within 10 years to be considered a DUI felony. When it’s considered a felony, a third DUI charge in Orlando is punishable by:

  • Between 12 months and 5 years in prison
  • License revocation for 180 days to 10 years
  • Fines between $2,000 and $5,000
  • IID installation for 2 years

You’ll also be required to complete probation and community service.

Felony DUI

Fourth offense DUIs and subsequent charges are typically third-degree felonies in the state of Florida. A felony DUI is punishable by:

  • Between one day and five years in prison
  • $1,000 to $5000 in fines
  • Probation for between 1 and 5 years
  • Permanent loss of your driver’s license
  • IID installation for at least 2 years

A DUI conviction – whether a misdemeanor or a felony – will remain on your criminal record for 75 years. The penalties you face can change the course of your life forever. Hiring an experienced Orlando attorney is the best way to protect your future and limit the consequences you may experience.

Background media
woman being pulled over
DUI

What Are Defenses to Drunk Driving Charges in Orlando, FL?

At the O’Mara Law Group, we’ll carefully evaluate your DUI case and identify any potential defenses to the charges against you. We may be able to implement any one of the following strategies in your defense:

  • Breathalyzer, blood, and urine test results are inaccurate and, therefore, unreliable
  • The arresting officer lacked reasonable suspicion to stop your vehicle
  • The field sobriety test was conducted improperly
  • The chain of custody of the evidence in your case has been broken
  • Your BAC was not above the legal limit while you were driving

Our DUI attorneys will attack the state’s case at every turn, working to identify problems with your arrest and any evidence that may have been obtained. If we can get evidence dismissed or prove that the government infringed your rights in any way, a judge may have no choice but to dismiss your case. If prosecutors doubt their ability to win at trial, they might come to you with a favorable plea deal.

Call Our Trusted Orlando DUI Lawyers for a Consultation

You have 10 days to challenge the automatic administrative suspension of your driver’s license. The state will begin to work on its criminal DUI case against you right away. The time to begin defending yourself is now.

Contact the O’Mara Law Group for help. Our Orlando DUI lawyers are ready to take on every aspect of your DUI case – including criminal charges and administrative penalties that can accompany an arrest. The legal team at our Orlando law office is standing by to take your call and provide the guidance you need right now.

Pattern media
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (407) 871-9398.
Contact Us