American College of Attorneys Best of the Bar Award
10.0 Avvo Superb Lawyer Rating
Top 100 Trial Lawyers Award
Orlando Top Lawyers 2012 - 2024
Best Lawyers in America Award
Super Lawyers 2024 Award
Florida Legal Elite Award
Best Lawyers 2024 Award
Orlando Sentinel Best Bets Lawyer Award

Florida DUI Arrest Factors: Why No Two DUI Cases Are the Same

Back To DUI-DWI Video Help Page

Back To DUI-DWI Video Help Page

In the above video, someone wants to know if they will be able to avoid consequences for their DUI arrest just like their friend did, and I give a simple answer: “It depends.” As the video emphasizes, no two Orlando DUI cases are going to be exactly the same. Your Florida DUI attorney will be defending an entirely new set of circumstances in your case – so what happened with your friend’s DUI is not necessarily going to happen in your case.

A host of factors affect whether or not someone will actually be convicted for a DUI, and a good Florida criminal attorney will tell you that your friend’s situation has absolutely nothing to do with your case.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Legal Consequences of DUI Charges

The following are just a few examples of how DUI charges can be fought or why one person might avoid consequences while another person does not.

The charges are spread out over many years. This matters for two reasons. One is because years ago, DUI laws were not as strict as they are today. If you had more than one arrest for driving under the influence 20 years ago and then did not get charged for DUI again until this year, those earlier DUIs might not matter much – if at all. The second reason is because DUI laws have less harsh punishments for people who, for example, are convicted of three DUIs over a 15-year period as opposed to three DUIs over a five-year period.

No probable cause. Probable cause is largely based on subjective evidence provided by the police officer. Law enforcement must have a legal reason to pull you over and start questioning you. This one is often quite hard to prove, but if you can show that the arresting officer had no foundation for probable cause, then everything else that follows will be null and void.

Breaking protocol. If law enforcement failed to follow proper protocol during any part of a DUI arrest, the charge can be dismissed. For example, in order to be considered valid, field sobriety tests must be conducted according to very specific protocols that are outlined by the National Highway Traffic Safety Administration (“NHTSA”).

In the case of breath tests, the breath test machine used to obtain the breath sample(s) must be properly calibrated and in good working order. Even with sobriety checkpoints, the law enforcement must follow very strict protocol. One break in procedure and an experienced DUI defense attorney can get the results dismissed.

With blood and urine tests, police and technicians must handle and track the sample carefully to ensure that it is not tampered with. The path that the blood or urine test takes is called the chain of custody. If there is any break in protocol – any situation where there is no documentation for where the test results were drawn, stored, or transported – then the evidence can be considered contaminated or defective and kept out of court.

DUI Arrests Involve Subjective and Quantitative Evidence

Every arrest for DUI is an individual event with a lot of unique moving parts that a good attorney can examine. Much of the evidence is subjective, such as police observations and field sobriety tests. Then there is the quantitative evidence, the scientific results of the Breathalyzer test, as well as blood and urine tests. Both forms of evidence against you can be flawed; an experienced Orlando DUI defense attorney will investigate and challenge both.

Get Help with Legal Issues Now! – Call 855-Kramer-Now (855-572-6376)
Back To Video Help Page

Free Case Review

All free case evaluations are reviewed by our legal team. For immediate assistance, please call us at 407-834-4847.

quick Links


Make Your Best Decision Today


Schedule your case review so we can help you.



During your consultation we’ll review your options and see if we’re a right fit for you.



If we take on your case, you’ll be represented by the best.

Get Your Free Case Evaluation Today

The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.



Our best awards are
client victories

Roy P.
Mar. 2024
Read More
Gastell and Kayla were awesome! They helped me make it through a very challenging time in my life with kindness and compassion. They were always available to answer my questions and kept me up to date. Their counsel was extremely helpful in aiding a resolution that I am very satisfied with.
Carmen D.
Mar. 2024
Read More
I give this law firm a 5 star. Ray and Janelise helped us with our probate issue and made the process a lot easier for us to finalized all of it. We're very thankful to this law office and recommend them for any legal issues.Thank you Janelisse and Ray and the entire office .
Alysia T.
Jan. 2024
Read More
I am thankful to Janelise and Kayla at TK Law for a fantastic job. Kayla guided me through every step of my divorce process. She is patient, professional, and honest. I highly recommend them!
Chris O.
Dec. 2023
Read More
This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.

*Top-rating from clients and award publications such as Orlando Weekly, US News & more.​


Schedule Your Case Evaluation

We offer payment plans, accept credit cards, are available for evening appointments and our main office is conveniently located right off of I-4, between 436 and 434. For immediate help call: 407-834-4847.


The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Phone: 407-834-4847
999 Douglas Ave #3333, Altamonte Springs, FL 32714

Service Areas

Orange & Seminole County, Florida.