A DUI arrest in Ormond Beach—whether on the Granada Bridge or the Scenic Loop—demands an immediate response. You have exactly 10 days to preserve your right to drive. Call now, and let’s keep you driving while we build your defense.
386-384-GOTUThe Ormond Beach Police Department heavily patrols high-traffic areas, including along A1A, US-1, and the Granada Bridge, to strictly enforce Florida’s laws against driving under the influence. If you were arrested for driving under the influence in Ormond Beach, you are suddenly fighting a criminal case in Volusia County court and an administrative battle against the Florida Department of Highway Safety and Motor Vehicles (DHSMV). We must act within 10 days of your arrest to either challenge an administrative suspension of your license or apply for a hardship driver’s license. The length of the administrative suspension of your driver’s license by the DHSMV depends on whether you gave a breath sample or refused, and whether you have previously refused a breath test in the past.
Losing your driving privileges is often the most worrisome part of a DUI charge, as it threatens your job and your ability to care for your family. As a dedicated Ormond Beach DUI defense lawyer, I put together this guide so you know exactly what deadlines you face and how we can fight the charges.
You have exactly 10 days from the date of your arrest for driving under the influence to request a formal administrative review or hardship eligibility hearing with the DHSMV. Failing to submit one of these requests means your driver’s license will automatically be suspended. My immediate priority is filing one of these applications to keep you driving to work and taking care of your family while we navigate our case.
It depends. Changes to Florida’s DUI laws mean now even a first time refusal to submit to a breath test is a criminal offense, and Florida’s “Implied Consent” law imposes a longer administrative license suspension for refusing. Additionally, a prosecutor could argue at trial that you refused to give a breath sample because you knew you were over the legal limit. However, refusing a breath test prevents prosecutors from having a quantified, unlawful BAC level to present to a jury. Whether refusing the breath test was in your best interest depends entirely on the circumstances of your case. Regardless, I will review the request for a breath sample to determine if it was done lawfully. A procedural error by law enforcement during a request for a breath sample could result in a refusal being thrown out.
Additionally, if you have previously refused a chemical test, a second refusal is charged as an entirely separate misdemeanor. I will review the police bodycam footage to evaluate if the traffic stop was even constitutional.
A standard first-time DUI is charged as a misdemeanor in Florida, but it still brings heavy penalties. Convictions will result in probation, expensive fines, mandatory DUI classes, vehicle impoundment, and a permanent criminal record. The offense can only be upgraded to a felony if the incident involved serious injuries to another person, a fatality, or if it is your third DUI within a 10-year period.
For a standard first offense with no aggravating factors (such as a minor in the car, a crash, or a BAC higher than .15), a judge will rarely hand down a jail sentence. Volusia County has diversion programs that many first-time offenders are eligible for, which can lead to a complete dismissal of the charges upon successful completion.
Absolutely. The Ormond Beach Police Department must follow strict protocols when doing everything from conducting traffic stops and field sobriety exercises to requesting a breath sample. I look closely to identify mistakes by law enforcement during a DUI investigation, ranging from unlawful stops along A1A, US1, or the Scenic Loop, to errors made during the field sobreity exercises or request for a breath sample. I even look for problems with the breath testing machine itself, including its service and calibration records and recent performance history. When I find a mistake, I can often use this leverage to convince the prosecutor to reduce or dismiss a charge or charges. Even when a substantial mistake isn’t discovered, all is not lost. Volusia County has a diversion program that many first-time offenders are eligible for, which can lead to a reduction of the driving under the influence charge and no criminal conviction on your record. If appropriate, I fight hard to get a client the opportunity to complete this program.
As a former prosecutor, I know exactly what the State is looking for. I will take immediate action to protect your driving privileges by challenging the DHSMV suspension within the 10-day window.
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.