DUI Defense Strategies

DUI Attorney Orlando

If you’ve been charged with drunk driving, your driver’s license and your way of life are at stake. Don’t give up without a fight. Talk to a lawyer who really knows how drunk driving cases are handled in the community in which you’ve been arrested.

At The Umansky Law Firm, our DUI defense lawyers have more than 60 years of combined experience protecting the driving privileges of Florida residents, tourists and commercial truck drivers. We’ve taken hundreds of cases to trial as defenders and as prosecutors. We’ve tackled both sides of a DUI case and we put that knowledge to use to protect our clients.

Orlando DUI Defense Strategies

Because the consequences of a DUI conviction can be costly and serious, it pays to look at every possible defense strategy that may work for you. Many things can go wrong with a DUI case. Here are some of the things our attorneys look at when preparing a defense strategy.

Recent Case Result

Recently, The Umansky Law Firm defended a client charged with a DUI. The charge was amended to reckless driving and the client received withhold of adjudication, 6 months of probation, and NO DL suspension. To view more DUI defense cases, visit The Umansky Law Firm’s verdicts & settlements page.

Challenging The Police

  • Was Your Stop Legal? The police can’t just pull you over for no reason at all. The patrol officer has to have a reasonable basis for the traffic stop and it’s got to be more than seeing you weave inside your lane (that’s not illegal) or someone calling in an anonymous tip.
  • Did the Police Have a Right to Search Your Car for Alcohol or Drugs? Officers can’t search a person or a car for a minor traffic offense and they have to ask your permission to search your car, or have probable cause.
  • Did the Officer fail to tell you your rights? If you weren’t told of your Miranda rights, the prosecutor can’t use any statements you made as evidence against you.
  • Does the officer have a history of problem behavior? A lot rides on the officer’s opinion in a DUI case. If the officer isn’t credible, if he or she makes misleading statements or inconsistent verbal or written statements, that can work in your favor.

Challenging The Witnesses

  • Non-expert witnesses: There may be witnesses who can testify on your behalf about your sobriety or the drinks you had earlier in the day.
  • Expert witnesses: They can review and interpret the sobriety test results if there is a potential problem with the tests.
  • State experts: If the DA doesn’t disclose its experts, they can be barred from presenting evidence against you.
  • Video: The in-squad video or booking room video may contradict what the police offer has said about your behavior after a DUI arrest.

Challenging The Tests And Test Results

  • Field sobriety test: Even healthy, sober adults can fail walking and standing tests 30 percent of the time. Medical problems, being overweight and being older can contribute to someone failing the test.
  • Invalid field sobriety tests: There are certain tests that are recognized as field sobriety tests – counting backward, saying the alphabet and finger touching the nose are not always considered a valid test.
  • Improperly administered field sobriety test: A field sobriety test must be done in a certain manner. If the specific procedures are not followed, it may be invalid.
  • Breath tests: These tests are inaccurate and most experts agree that they are unreliable on their own. If the breath test operator is unlicensed or his or her license has expired, the test result is inadmissible.
  • Breathalyzer machines: If the Breathalyzer machine is malfunctioning, not calibrated, improperly calibrated or not approved, the results are inadmissible. If the person administering the test failed to include the value of the simulator solution used in the machine, the results are inadmissible.
  • Chemicals that interfere with breath test results: Paint and nail polish contain alcohol and can interfere with test results.
  • Blood tests: The police cannot force you to give a blood sample if no one has been injured. If they do, the results are inadmissible. Blood samples should be drawn by a phlebotomist or someone trained in taking blood. Improper processing or storage of blood can result in errors in blood alcohol level test results.
  • Timing issues: The prosecutor has to prove your blood alcohol level or breath alcohol at the time you were driving was above the legal limit. Time of alcohol consumption and time of testing can influence your blood alcohol level.

Challenge The Prosecution Of Your DUI

  • Speedy trial: You are guaranteed a speedy trial. That means the court has to provide a trial within 90 days for a misdemeanor or 175 days for a felony after you are arrested or the charges may get dismissed.
  • Statute of limitations: The government does not have the right to wait until whenever it wants to file a charge against you. That would be unfair as the longer the government waits the harder it is for you to defend yourself. A criminal charge must be filed against you within a certain time period. Failure to file within that time period may result in the charges against you being dismissed.

Contact The Umansky Law Firm

If you need experienced DUI representation contact the criminal attorneys at  The Umansky Law Firm today for a free case evaluation. Contact our firm online or by calling 407-228-3838today.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

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Injury Settlements


Sexual Assault Victim


Car Accident


Motorcycle Accident


Trip and Fall


Car Accident


Car Accident


Car Accident


Car Accident


Car Accident


Car Accident


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Scooter Accident


Car Accident


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Government Liability Case


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