Facing DUI Charges in Florida? We're Ready To Fight.
Orlando DUI Attorney
Katz & Phillips is an Orlando DUI defense law firm led by two founding partners, David S. Katz and James D. Phillips, who are both former prosecutors and both Board-Certified* in DUI Defense. We defend people arrested for DUI in Orlando, Orange County, and across Central Florida.
When you are arrested for driving under the influence in Central Florida, you aren’t just facing traffic penalties; you are facing a permanent criminal record, jail time, and an aggressive state prosecution. You cannot afford an attorney who merely handles DUIs "on the side."
Here is what you get when you hire our team:
- Board-Certified* DUI Defense. David Katz and James Phillips are two of only four attorneys in Florida who hold board certification in DUI Defense from the National College for DUI Defense. The college is accredited by the American Bar Association.
- Former Prosecutors on Your Side. Both founding partners prosecuted cases before moving to defense. David Katz was the DUI / Intoxilyzer lead attorney at the Seminole County State Attorney’s Office. James Phillips prosecuted more than 3,000 cases as an Assistant State Attorney, with a heavy emphasis on DUI. That means we know how the State Attorney’s Office builds a DUI case, and where it tends to fall apart.
- More Than 50 Years of Combined Experience. Our attorneys have spent more than 50 years combined defending people in Orlando, Orange County, and Central Florida.
- A Name Backed by Results. Our team has handled more than 10,000 cases and reports a 90%+ success rate in criminal defense.
- Free Consultation and Financing. Your first consultation is free, and financing with no credit check required is available.
What Clients Have to Say About Us
Yes. A first DUI is usually filed as a misdemeanor, but it can still bring fines, license suspension, probation, and in some situations, jail time. A conviction creates a criminal record that can affect employment and other parts of your life.
There is another concern that many people do not consider in the first few days after an arrest. If you are convicted now and are ever arrested again for DUI, the penalties typically increase with each new case. Judges often tell people that with DUI charges, the more you get, the worse it gets.
Unless you are trained in criminal law and procedure, it is hard to know every consequence of a conviction or how to handle the rules of the courtroom. Even if you know the rules, emotions run high when your freedom and license are at stake. One of our attorneys has said that if he were arrested for DUI, he would not represent himself, even though he is trained and Board-Certified* in this area. Our role is to bring a clear, unbiased perspective and help you make educated decisions that protect your immediate interests and your future.
If you’re facing a DUI, scheduling a free, confidential consultation quickly can help you take control of next steps. Call (321) 425-8961 today.
We start by listening to what happened and reviewing the paperwork you received from law enforcement: where you were stopped, how the officer described your driving, and what testing was requested or performed.
From there, our attorneys examine the legality of the traffic stop, how the field sobriety exercises were conducted, and how any breath or blood test was administered. We look for gaps in the officer’s observations and problems with how the investigation was handled, so we can discuss realistic options with you. Depending on your facts, that may mean challenging evidence in court or working toward a negotiated resolution.
We work as a team. At least two of our lawyers review the file, the evidence, and any video in every case. The decisions about your case are yours, and our job is to make sure you have the information to make them.
Who Will Defend Your DUI Case
David S. Katz, a founding partner, is a former Assistant State Attorney who prosecuted cases in Orange and Seminole Counties and taught DUI trial skills to new prosecutors statewide at the request of the Florida Prosecuting Attorneys Association. He is on the Board of Directors and is a faculty member of the National College for DUI Defense, has authored or co-authored nine books on DUI defense, and teaches DUI defense to other lawyers.
James D. Phillips, a founding partner, served as an Assistant State Attorney in Florida’s 1st and 18th Judicial Circuits, where he prosecuted more than 3,000 cases with a heavy emphasis on DUI. He is Board-Certified* in DUI Defense by the National College for DUI Defense, has written training manuals on DUI defense used by attorneys nationwide, and is admitted to the Florida and Tennessee bars and several federal courts.
The cost depends on your case, so we quote it after we review it. What moves the fee is the complexity of the charges, whether there are prior convictions, and how much work the case will need in court.
Your first consultation is free. During that conversation, we explain how our fees apply to your situation, so you know what to expect before you decide to hire us.
We also offer financing with no credit check required, and you can get pre-approved online before you call. When you call (321) 425-8961, have your citation and any paperwork about your license in front of you if you can. We will ask about the charges you were told you are facing.
Florida DUI Laws
Under Florida Statute § 316.193, a person is guilty of the offense of driving under the influence if they are driving or in actual physical control of a vehicle within the state and are under the influence of alcoholic beverages or chemical substances to the extent that their normal faculties are impaired, or they have a blood-alcohol content (BAC) of 0.08% or higher.
It is critical to note the phrase "actual physical control." In Florida, you do not necessarily have to be actively driving a moving vehicle to be arrested for a DUI. If you are found asleep in the driver's seat of a parked car with the keys in the ignition or within your reach, the state can argue that you had the capability to operate the vehicle, thereby justifying a DUI charge.
Furthermore, Florida operates under an "Implied Consent" law. By accepting a Florida driver’s license and operating a motor vehicle on state roads, you have automatically consented to submit to approved chemical or physical tests (breath, urine, or blood) if an officer has probable cause to believe you are driving under the influence. If you refuse to take a breathalyzer test following a lawful arrest, your license will be automatically suspended for one year for a first offense, and 18 months for a subsequent refusal.
Common Types of DUI Charges & Penalties
DUI charges in Florida vary based on prior offenses, the level of blood-alcohol concentration, and whether the incident resulted in property damage, bodily injury, or death. Penalties escalate severely with each compounding factor.
First-Time DUI Offense
Even a first-time conviction carries mandatory penalties. If your BAC was between 0.08% and 0.15%, you face:
- Up to 6 months in jail
- Fines between $500 and $1,000
- Driver’s license revocation for 6 to 12 months
- Mandatory 50 hours of community service
- Vehicle impoundment for 10 days
- Up to 1 year of probation
Enhanced DUI (High BAL or Minor in Vehicle)
If you are arrested with a BAC of 0.15% or higher, or if you had a minor in the vehicle at the time of the offense, the penalties increase significantly:
- Up to 9 months in jail
- Fines between $1,000 and $2,000
- Mandatory installation of an Ignition Interlock Device (IID) for at least 6 months upon license reinstatement
Repeat DUI Offenses
- Second DUI (Within 5 Years): Carries a mandatory minimum of 10 days in jail (up to 9 months), a 5-year driver’s license revocation, and a mandatory IID for 1 to 2 years.
- Third DUI (Within 10 Years): Classified as a Third-Degree Felony, carrying a mandatory minimum of 30 days in jail (up to 5 years in state prison) and a 10-year license revocation. See our felony DUI defense page.
Felony DUI (Injury or Death)
If anyone in your vehicle or the other vehicle was hurt, your possible penalties rise with the severity of the injuries. Florida separates DUI crashes into three levels: injury, serious bodily injury, and manslaughter.
- DUI with Serious Bodily Injury: A third-degree felony punishable by up to 5 years in prison and a fine of up to $5,000.
- DUI Manslaughter: If a DUI results in the death of another human being or unborn child, it is charged as a Second-Degree Felony. Conviction carries a mandatory minimum sentence of 4 years in prison, up to a maximum of 15 years, and a permanent driver’s license revocation.
Beyond Fines and Jail: Other Consequences of a DUI Conviction
A first DUI conviction can bring fines, court costs, a period of license suspension, probation, community service, and required programs such as alcohol education or treatment. Penalties typically increase with a prior DUI, a very high alcohol level, a crash, injuries, or a minor in the vehicle.
There are longer-term effects that may not be obvious at first. A conviction can affect insurance costs, create problems on job applications, and in some fields raise professional licensing issues. For people with immigration concerns, how a DUI case is resolved can be especially important. We help you see the broader picture so you understand how each path may affect you over time. For a full breakdown of penalties, see our DUI penalties page.
Legal Defenses to DUI Charges
Every DUI case is unique, and several defenses may apply depending on the facts involved. At Katz & Phillips, we analyze police procedures, testing methods, and constitutional issues to build strong defense strategies.
Common DUI defenses include:
Illegal Traffic Stop
Police must have reasonable suspicion to stop a vehicle. If the stop was unlawful, evidence obtained afterward may be suppressed. Learn about unlawful police stops.
Inaccurate Breath Test Results
Breath testing devices require proper calibration and maintenance. Medical conditions, improper administration, or machine malfunctions may lead to inaccurate BAC readings.
Faulty Field Sobriety Tests
Field sobriety exercises are subjective and can be affected by:
- Medical conditions
- Fatigue
- Anxiety
- Weather conditions
- Uneven road surfaces
Learn about field sobriety tests.
Lack of Actual Impairment
A BAC reading alone does not always prove impairment. We may challenge whether the driver’s normal faculties were actually impaired.
Violations of Constitutional Rights
If law enforcement violated your rights during the arrest, questioning, or evidence collection process, certain evidence may be excluded from court.
Navigating the Central Florida Court System
If you are arrested for a DUI within Orange County, your criminal case will be handled through the Ninth Judicial Circuit Court of Florida. Understanding where your case will be heard and how the local system operates is vital to your defense.
DUI cases in Orlando are typically processed through the Orange County Courthouse, located at 425 N. Orange Avenue in downtown Orlando.
- Misdemeanor DUI Charges: If you are facing a first or second DUI with no serious injuries, your case will be handled in the County Court division.
- Felony DUI Charges: If you are charged with a third DUI within 10 years, a DUI involving serious bodily injury, or DUI manslaughter, your case will be elevated to the Circuit Court division at the same downtown complex.
Our legal team at Katz & Phillips regularly appears before Orange County judges and interacts daily with the local State Attorney’s Office. We understand how local prosecutors evaluate DUI evidence, which allows us to build a defense tailored to the specific tendencies of the Orlando judiciary.
Frequently Asked Questions
Should I hire an attorney for a first DUI offense?
Yes. Even a first-time DUI conviction can carry serious consequences, including jail time, license suspension, and a permanent criminal record. An attorney may help reduce charges, challenge evidence, or negotiate alternative outcomes.
Should I go to trial or enter a plea?
There is no answer that fits every case. In many cases, the State offers a deal that reduces the DUI charge, and the terms can make accepting it sensible. Do not accept a plea offer before an attorney has reviewed all of the evidence with you. Even if the charges will not go away completely, there are different reductions to the DUI charge that can be pursued.
In many Florida counties, there are DUI diversion programs. Entry is up to the State Attorney and is never guaranteed.
The decision is yours. We review what evidence the State had at the start and what is left after any suppression hearings, give you our honest opinion of your chances at trial and of what we expect the judge to do if you lose, and answer your questions about the offer. For some clients the right answer is to accept the deal. For many it is to go to trial.
How quickly should I contact a DUI attorney after my arrest?
As soon as you can. Time-sensitive issues come up early, including deadlines tied to your driving privileges and your first court date. The sooner our attorneys review your paperwork and hear your account, the sooner we can advise you on steps that may help protect your rights.
What difference does it make that your attorneys are Board-Certified in DUI Defense?
Board certification from the National College for DUI Defense reflects additional training and evaluation focused on DUI law. David Katz and James Phillips are two of only three attorneys in Florida with this certification.* It is not a guarantee of any outcome, but it shows an attorney has dedicated a significant part of their practice to DUI defense.
Can I refuse a breathalyzer test in Florida?
Florida has implied consent laws, meaning refusal to submit to lawful chemical testing can result in administrative license suspension and additional penalties. A refusal can also be used against you in court. The State may argue to a jury that you refused because you knew you would be over the legal limit, which is called consciousness of guilt, and a Board-Certified* DUI defense attorney can counter that argument. If you have refused testing before, a second refusal is a separate crime: a first-degree misdemeanor punishable by up to 12 months in jail and up to a $1,000 fine.
Will I lose my driver’s license after a DUI arrest?
In most cases, yes. Your license is suspended every time you are arrested for DUI, with some limited exceptions, and the length depends on how many prior DUIs you have and whether you took or refused the requested test. However, you may be able to challenge the suspension through a formal hearing. See our page on DMV hearings.
Can DUI charges be dismissed?
Yes, in some cases. DUI charges may be reduced or dismissed if there are weaknesses in the prosecution’s evidence, unlawful police conduct, or testing issues.
Katz & Phillips: Defending Orlando and Central Florida DUI Cases
Katz & Phillips has spent over 50 years combined defending the people of Orlando, Orange County, and Central Florida. Our office is at 509 W. Colonial Dr., Orlando, FL 32804. That local presence means something. It means familiarity with the judges at the Orange County Courthouse. It means a working knowledge of how the State Attorney's Office in the Ninth Judicial Circuit operates.
Contact an Orlando DUI Defense Attorney Today
If you were arrested for DUI in Orlando, do not wait to seek legal representation. Early intervention can make a significant difference in the outcome of your case. At Katz & Phillips, we are prepared to protect your rights, challenge the evidence against you, and pursue the strongest defense possible.
Contact our office today to speak with our team and schedule a free, confidential consultation. Call (321) 425-8961. Financing with no credit check required is available.
DUI FAQs
-
What are the Benefits of Getting DUI Charges Reduced?
The more serious the charge, the harsher the penalties, so each level a DUI is reduced lessens the consequences. Reduced charges such as reckless driving do not carry the mandatory penalties that a DUI does. Though there is no guarantee, in many cases a felony DUI can be reduced to a misdemeanor, which can allow the person charged to retain their rights and avoid a felony conviction. Enhanced DUI charges may be resolved as simple, unenhanced charges. Any DUI charge can result in a lesser offense, a dismissal, or a not-guilty verdict if the facts of the case are right. No lawyer or law firm can guarantee a result, but entering a plea as charged is often unnecessary in a DUI case.
-
How Does the State Prove a DUI?
There are two alternative methods the State can use to prove a DUI. The first applies only if you agreed to take the breath test (or blood test) and provided a valid result. If the State can show that your breath or blood alcohol test resulted in a concentration of .08 or greater, it can seek a guilty verdict. A result over .08 does not end the case; these tests can be challenged. See challenging breath tests.
Alternatively, the State can use the testimony of the officer or other witnesses regarding your driving pattern, physical abilities, and overall appearance and actions to try to prove to a jury that you were under the influence of alcohol or specific drugs to the extent that your normal faculties were impaired.
Under Florida law, normal faculties include, but are not limited to, the ability to:
- See
- Hear
- Walk
- Talk
- Judge distances
- Drive an automobile
- Make judgments
- Act in emergencies
- In general, to normally perform the many mental and physical acts of our daily lives
Certain enhanced DUI charges require proof of additional elements. For instance, if you are charged with driving with a minor child in the car, the State would have to provide the jury with evidence that there was a minor child in the car with you. If you were charged with a felony DUI with serious bodily injury, it would be the State’s burden to prove the person injured had more than minor injuries.
-
Can you help if my breath test result was very high?
Yes. A high reading can increase the potential consequences, but it does not decide the case. Issues can arise with the reason for the stop, how instructions were given, how the testing equipment was maintained and operated, or how the test was administered. We review those factors to explain what arguments may be available. Refusals are covered above.
-
Will I have to go to court, and how will you keep me informed?
Most DUI cases involve at least some court appearances, though the number and type vary with the facts and the court’s schedule. Our attorneys prepare you for each appearance and attend with you. Between court dates, we keep you updated on new information about the evidence or changes to upcoming proceedings.
-
Can you handle other charges that came with my DUI arrest?
Yes. Related charges can include boating under the influence, underage DUI, and certain assault charges under Florida law. When several charges come from the same incident, we look at how they interact so your defense is coordinated.
-
What is the difference between DUI and DWI in Florida?
Florida uses the term DUI (Driving Under the Influence). Some other states use the term DWI (Driving While Intoxicated), and people also say "drunk driving," but Florida law primarily refers to DUI offenses.
-
How long does a DUI stay on your record in Florida?
A DUI conviction can remain on your criminal record permanently in many situations. This makes it especially important to fight the charges aggressively from the beginning.
Decades of Trusted Service. Hundreds of Grateful Voices.
-
“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
-
“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
-
“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
-
DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
-
Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
-
All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
-
All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
