Navigating Your Florida DUI Charge
Comprehensive Overview and Defense Strategies
Former Trooper & Deputy | Data-Driven Defense
Get a Free ConsultationUnderstanding DUI Charges in Florida
In Florida, Driving Under the Influence (DUI) is a serious criminal offense defined as operating a motor vehicle while your mental or physical abilities are impaired by alcohol, chemical substances, or controlled substances to the extent that you are no longer able to drive safely. This includes "drunk driving."
The legal limit for Blood Alcohol Concentration (BAC) for drivers aged 21 and above is 0.08%. Driving with a BAC at or above this limit can result in a DUI charge, often referred to as a "DUI per se" violation. Stricter limits apply to commercial drivers and those under 21. It's important to note that DUI charges can also result from driving under the influence of drugs (DUID), even prescription medication, if it impairs your ability to drive safely. Detecting drug impairment presents unique challenges compared to alcohol.
Facing a DUI charge can lead to significant legal and personal consequences. Understanding the process and your rights is the first step in building a strong defense.
The Typical Florida DUI Arrest & Court Process
Traffic Stop and Initial Observations
The process often begins with a traffic stop. Officers need reasonable suspicion to stop you. They will note your demeanor, appearance (e.g., red eyes), speech, and any odors (alcohol, marijuana). These subjective observations are crucial for establishing probable cause for further investigation.
Pre-arrest Screening (PAS / PBT)
Before arrest, an officer might request a roadside breath test (PBT or PAS). While helpful for the officer to establish probable cause, the results of this specific test are typically *not* admissible as evidence of your BAC in a criminal trial.
Field Sobriety Tests (FSTs)
Officers will likely ask you to perform a series of physical and cognitive tests (like Walk and Turn, One Leg Stand, HGN). These are used to assess impairment but are often subjective and can be influenced by factors unrelated to intoxication. Refusal to perform FSTs may generally be admissible in court (unlike PBT refusal in some states, but be cautious and consult a lawyer).
Drug Recognition Expert (DRE) Evaluation
If impairment is suspected but alcohol is below the limit, a DRE officer may be called. DREs use a 12-step protocol to identify signs of drug impairment. Their opinion, based on this systematic evaluation, can be powerful evidence in DUID cases, even without immediate blood/urine results.
Arrest and Chemical Tests (Breath, Blood, Urine)
If the officer establishes probable cause, you will be arrested. After arrest, you'll be asked to submit to a breath, blood, or urine test. These tests are critical for measuring BAC or the presence of drugs and are often key evidence in court. Strict procedures govern the collection, handling, and testing of these samples.
Implied Consent & Refusal Consequences
Florida has an implied consent law, meaning that by driving on state roads, you implicitly agree to submit to BAC testing upon lawful arrest. Refusal results in an immediate administrative license suspension. While refusal might seem beneficial, it can be used against you in court and leads to longer license suspensions, especially for repeat offenses.
The 10-Day Rule (Administrative Suspension)
This is critical! After a DUI arrest in Florida, your physical driver's license is confiscated, and you are issued a 10-day temporary permit. You have only 10 calendar days to demand a formal review hearing with the DHSMV to challenge the administrative suspension of your license. Failure to act within this window results in automatic suspension, separate from the criminal case outcome. An attorney can handle this crucial step for you.
The Criminal Court Process
This runs parallel to the administrative process. It involves arraignment (pleading guilty or not guilty), pretrial hearings and negotiations (where plea bargains like "wet reckless" might be discussed), potential motions to suppress evidence (often based on lack of probable cause or procedural errors), and potentially a trial and sentencing. A conviction here results in criminal penalties (fines, jail, probation).
Body Worn Camera (BWC) Footage & Advanced Video Analysis
Body Worn Camera (BWC) footage has become a standard and often critical piece of evidence in DUI cases. It captures the interaction between you and law enforcement from the moment of the stop through the arrest and testing phases. This video provides a visual record that can either corroborate or contradict officer testimony and reports.
Merely watching the video isn't enough. A thorough defense requires meticulous analysis. At Lotter Law, we go beyond simply viewing the footage. We utilize professional video editing software, specifically Adobe Premiere Pro, to conduct in-depth analysis of BWC recordings.
Why Professional Video Editing Matters in DUI Defense
- Frame-by-Frame Review: Allows for precise examination of key moments, such as FST performance, interactions, or procedural steps.
- Highlighting Inconsistencies: Makes it easier to identify discrepancies between the officer's written report/testimony and the actual events captured on video.
- Analyzing Officer Demeanor: Can reveal cues about the officer's training, bias, or adherence to protocol.
- Creating Exhibits: Enables the creation of clear, focused video clips to present as evidence in court or negotiations, demonstrating specific points of your defense.
- Identifying Missing Footage or Gaps: Helps detect potential issues with the recording itself.
Leveraging Jeff Lotter's experience from being on the "other side" of the camera, combined with detailed video analysis using industry-standard tools, allows us to uncover details that can be crucial to challenging the State's evidence and building a robust defense for your DUI case.
Severe Consequences of a Florida DUI Conviction
A DUI conviction in Florida carries serious penalties that can impact your life for years to come. These consequences escalate significantly for repeat offenders or those with aggravating factors.
- Criminal Record: A DUI conviction remains on your criminal record for 75 years in Florida, impacting job opportunities, housing, and more. It generally cannot be expunged.
- Fines and Fees: Significant fines are standard, increasing with subsequent offenses or higher BAC levels.
- Jail Time: Even a first offense often involves mandatory jail time, which increases for repeat offenses.
- License Suspension/Revocation: A conviction leads to a criminal license suspension (minimum 6-12 months for a first offense). Refusal to test or repeat offenses lead to longer suspensions, potentially resulting in a five-year Habitual Traffic Offender (HTO) revocation.
- Probation: Probation is common, requiring reporting to an officer and adherence to conditions.
- Vehicle Impoundment: Your vehicle may be impounded.
- Ignition Interlock Device (IID): Often required for a period, preventing your vehicle from starting if alcohol is detected.
- DUI School/Substance Abuse Treatment: Mandatory classes and/or treatment programs are required.
- Community Service: Unpaid work is typically mandated.
- Increased Insurance Rates: Requiring expensive SR-22 or FR-44 insurance, drastically increasing premiums.
- Professional and Immigration Consequences: Impacts professional licenses and immigration status for non-citizens.
The severity of these consequences underscores the importance of mounting a vigorous defense.
Building Your DUI Defense with Lotter Law
You are not automatically guilty just because you were arrested. A strong defense can challenge the prosecution's case and protect your rights.
The Importance of Experienced Legal Representation
A DUI case involves complex laws, strict procedures, and potentially severe consequences. An experienced DUI defense lawyer understands how to navigate this system, protect your rights, and fight for the best possible outcome. Unrepresented defendants often face harsher penalties. Seeking legal counsel immediately is crucial.
Challenging the Evidence Against You
This is a core defense strategy. We meticulously examine every piece of evidence, including:
- Legality of the Stop: Was there sufficient reasonable suspicion for the traffic stop? Was there probable cause for the arrest?
- Field Sobriety Tests (FSTs): Were the standardized protocols followed? Were there environmental or physical factors affecting performance?
- Breath/Blood Tests: Were the machines properly calibrated and maintained? Was the chain of custody for blood samples properly maintained according to Florida Administrative Code Chapter 11D-8?
- DRE Evaluations: Were DRE protocols followed? Are the DRE's qualifications or methodology subject to challenge?
- Officer Testimony & Reports: Are there inconsistencies between the officer's report, testimony, and video evidence?
Procedural Defenses & Motions to Suppress
Your attorney will look for procedural errors, such as whether Miranda rights were read correctly (if applicable) or if excessive force was used. If evidence was obtained illegally (e.g., without probable cause for a search), we file a motion to suppress. If successful, this evidence cannot be used against you, potentially leading to dismissal.
Exploring Other Defense Avenues
Depending on your case, we can explore options like the "rising blood alcohol" defense (arguing BAC was rising and below the limit while driving), negotiating a plea bargain to a lesser charge like "wet reckless," or seeking eligibility for a DUI diversion program if available and appropriate.
Why Choose Lotter Law for Your DUI Defense?
Navigating a DUI charge requires specific knowledge of law enforcement procedures, legal standards like probable cause, and effective defense strategies. At Lotter Law, our unique background provides a distinct advantage:
Former Law Enforcement Insider
Jeff Lotter served as a Florida State Trooper (including the DUI Unit) and a Deputy Sheriff. He understands how DUI investigations are conducted from the inside – how officers are trained (he was an instructor!), what procedures they must follow, and where errors can occur. This is invaluable when challenging the State's evidence.
Data-Driven Defense Strategy
We track and analyze local Orange County case data. This gives us unique insight into trends in DUI dispositions, officer patterns, and judicial tendencies. We use this data to inform our strategy, anticipating challenges and building a defense tailored to your specific circumstances within the local legal landscape.
When your future is on the line, you need an attorney who understands the intricacies of DUI law and the local system. Lotter Law provides the experienced, strategic, and data-informed defense you need.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran—approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
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Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
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Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801