If you’ve been arrested for a DUI in Daytona Beach, the clock is already ticking. You have exactly 10 days to protect your ability to drive. Whether you are a local or an out-of-state visitor, call now and I’ll get started on an aggressive defense.
386-384-GOTUThe Daytona Beach Police Department, Volusia County Sheriff’s Office and Florida Highway Patrol are highly active throughout the community and are always looking out for drivers they believe may be impaired. This is especially true during Bike Week, Biketoberfest, Race Week, Welcome to Rockville, and other busy tourist weekends. A DUI arrest in Daytona Beach triggers two separate battles immediately: a criminal case in the Volusia County courts, and an administrative case with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Whether you are a local resident worried you could lose your job if you can’t drive or an out-of-state visitor concerned about a Florida charge following you home, you need immediate answers. As an experienced Daytona Beach DUI attorney, I created this guide to help you understand your options and comply with important deadlines.
You have exactly 10 days from the date of your arrest to request a formal review hearing with the Florida DHSMV or apply for a hardship license. If you miss this 10-day window, your license will be automatically suspended. The suspension will range from 6 months if you gave a breath sample that was over .08, 12 months if you refused to give a breath sample for the first time, or 18 months if you refused the breath test for a second or subsequent time. We must act immediately to challenge the suspension or attempt to secure a hardship license so you can keep driving for business purposes. Failure to act within the first 10 days following your arrest can have devastating and unnecessary consequences.
Maybe. Refusing to take the breath test after being arrested for DUI will result in an additional misdemeanor charge, even for a first time refusal. It also triggers an immediate 12-month administrative suspension of your driver’s license by the DHSMV. If you decide to take your case to trial, refusing to give a breath sample also allows prosecutors to argue to the jury that you did not take the breath test because you had “consciousness of guilt” and knew your sample would show an unlawful BAC.
At the same time, refusing to take the breath test prevents the prosecutor from having a potentially damaging test result that could be strong evidence to prove, or even enhance, the DUI charge against you. A high breath test sample (over .15) can result in enhanced penalties and make negotiations with the prosecutor more difficult. Whether you gave a breath sample or refused, there is a path forward. Law enforcement must follow a protocol when requesting a breath sample following a DUI arrest. If a mistake is made, it could result in your breath sample, or your refusal to provide a sample, being thrown out. I review every piece of evidence closely to look for errors by law enforcement and use them to your advantage. When it comes to your defense, no stone is left unturned.
A standard first-time DUI is a misdemeanor. However, the penalties are still highly disruptive, including potential jail time, a suspension of your driver’s license, hefty fines, probation, mandatory DUI school, community service, and a 10-day vehicle impoundment. A DUI can be elevated to a serious felony if there were serious bodily injuries, if this is your third DUI and you’ve had a DUI conviction within the last 10 years, or if this is a fourth or subsequent DUI.
For a first-time offense without aggravating factors (like a crash, a minor in the vehicle, or a BAC over .15), jail time is possible, but relatively rare. My goal is always to keep you out of custody and fight for a complete dismissal or a reduction to reckless driving.
In most misdemeanor DUI cases, you do not need to constantly travel back to Daytona Beach. I frequently represent tourists, bikers, and race fans. I can file a “Waiver of Appearance” on your behalf, allowing me to handle your routine court dates. My priority is minimizing the disruption to your life while fighting the charges locally.
Yes. Most states participate in the Interstate Driver’s License Compact (DLC). If your license is suspended in Florida, your home state will likely honor that suspension, and a conviction will permanently appear on your nationwide driving record. We must fight the charge here in Volusia County to protect your driving privileges back home.
As an experienced Daytona Beach criminal defense lawyer and a former prosecutor, I start working immediately to protect your livelihood and your freedom.
100 E Granada Blvd, Suite 215F
Ormond Beach, FL 32176
TAKE APART THE CASE AGAINST YOU
Remain calm. Arguing with the officer or resisting the arrest can complicate the situation, and in some cases, lead to additional charges.
Request to speak with a lawyer and decline to answer any questions without counsel present.
Do not consent to any searches of your person, property or vehicle.
Do not discuss the facts or allegations of your case with anyone while you are in jail. NEVER DISCUSS THE FACTS OR ALLEGATIONS OF YOUR CASE ON A JAIL PHONE CALL.
Jail calls are recorded and law enforcement officers and prosecutors can access your calls. If you discuss the details of your case you may inadvertently make admissions or give information that could later be used against you.
If you are eligible, post your bond as quickly as you can. Make sure you understand all conditions of your release, including any reporting requirements.
Confirm your next court date.
Do not post anything about your arrest and the case on social media.
Aggressive representation where you need it most.
The sooner I can review your case, the more options you have. Fill out the form to request a completely free, confidential case evaluation. I will review your situation and contact you with a plan for your defense.