Criminal Defense
Since 1993
Since 1993
3 Florida DUI Myths That Lead to Conviction | Orlando DUI Lawyer
By: John Guidry II
If you’ve been arrested for a DUI in Orlando, you might be confused by the charges against you. That’s because Florida’s DUI laws can be illogical and counterintuitive. Believing these common myths can jeopardize your case.
My name is John Guidry, and I’m here to clarify the strange reality of DUI law. Understanding these truths is the first step to building a strong defense.
Arrested for a DUI in Orange, Seminole, or Osceola County? Don’t let a misunderstanding of the law ruin your case. Call me, John Guidry, for a confidential defense strategy session. Call Now: (407) 423-1117
DUI Myth #1: You Have to Be “Drunk”
Many people think of DUI as “drunk driving,” but that’s not what the prosecutor needs to prove. In Florida, you can be convicted of DUI in one of two ways:
- Proving your “normal faculties were impaired” to any extent by alcohol or a controlled substance.
- Proving your blood or breath alcohol level was 0.08 or higher.
You do not have to be falling-down drunk. The legal standard is simply “impaired,” which is a very low and subjective bar for the state to try and meet.
DUI Myth #2: You Have to Be Caught “Driving”
This is one of the most shocking realities of Florida DUI law. To be convicted of Driving Under the Influence, the prosecutor does not need to prove you were actually driving the car. They only need to prove you were in “actual physical control” of the vehicle.
This law tragically snares people who are trying to do the right thing. If you have some drinks, decide you’re too tired to drive home, and try to sleep it off in your car, you can be woken up by a police officer and arrested for DUI.
I know what you’re thinking—several country songs suggest sleeping it off in your truck. But you can’t take legal advice from a country song. It is absurd that you can get a “driving” conviction without ever moving the vehicle, but that’s the law.
DUI Myth #3: The DUI Must Involve a “Car”
If the “actual physical control” rule wasn’t strange enough, the law gets even broader. You can be arrested and convicted for DUI in Florida while operating a bicycle.
Yes, a regular, pedal-powered bicycle like the one you had as a kid.
It makes no sense. We don’t say we “drive” a bike; we “ride” one. Police don’t give elementary school kids tickets for “driving” a bike without a license. Yet, under Florida law, a bicycle is considered a “vehicle,” and you can be charged with DUI for riding one while impaired.
Don’t Let a DUI Myth Ruin Your Defense
As you can see, DUI law doesn’t always align with common sense. It’s filled with legal traps and definitions that can lead to a conviction when you thought you were doing everything right.
I’m John Guidry, and if you’re facing a DUI charge in Central Florida, you need an attorney who understands these bizarre legal realities and knows how to fight them. I don’t write the laws, but I have been successfully defending those accused of breaking them in Orange, Seminole, Osceola, Lake, Brevard, and Volusia counties since 1993. Call my office; let’s talk about your defense.
If you’re done reading for today but would like to watch some videos dealing with Central Florida DUI’s, you should check out “Tips to Shut Down a DUI Investigation” and “One Simple Mistake That Can Get You a DUI, Even If You’re Sober.”
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.