Criminal Attorney Bill Arnau Defending Port Orange residents facing DUI charges and license suspensions

Port Orange DUI Arrests: Frequently Asked Questions

A DUI arrest in Port Orange—whether you were stopped on Dunlawton Avenue, Nova Road, or near Spruce Creek—launches two separate legal battles: one in criminal court and another with the DHSMV. The Port Orange Police Department routinely conducts strict traffic enforcement, especially during evening hours.

For local residents, the sudden loss of a driver’s license threatens your ability to commute, work, and care for your family. As an experienced Port Orange DUI defense lawyer, I created this guide to explain the exact steps you need to take right now to protect your future.

I was arrested for a DUI last night in Port Orange. What is my first step?

Your immediate priority is the 10-day rule. You have exactly ten days from the date of your arrest to file for a DHSMV formal review hearing. If you let this deadline pass, your driver’s license will automatically be suspended for 6 to 18 months. My first move is to file paperwork aimed at securing a temporary driving permit so you can continue getting to work.

I refused to blow into the breathalyzer on the Dunlawton Bridge. Does that make my case worse?

By refusing the breath test, you prevented the State from securing a hard BAC number, which can sometimes work to your advantage in criminal court.

However, Florida’s “Implied Consent” law means your refusal triggers an immediate, lengthy administrative license suspension. Furthermore, refusing to submit to DUI testing is a separate crime in Florida, even if it’s your first time. Whether you gave a breath sample or refused, I will adapt your defense to the facts and circumstances of your unique case.

Is a first-time DUI in Volusia County a felony?

Typically, a first-time DUI is prosecuted as a misdemeanor. However, the penalties are incredibly harsh, carrying steep fines, a driver’s license suspension, probation, mandatory DUI school, and a 10-day vehicle impound. The State can elevate the charge to a felony if the incident resulted in serious bodily injury or death, if it marks your third DUI conviction within a 10-year span, or if it is a fourth or subsequent DUI.

Am I going to jail for a first-time DUI in Port Orange?

Judges rarely impose jail sentences for a standard first-time DUI unless the case involves aggravating circumstances, such as a crash or a minor in the vehicle. My primary goal is to keep you out of jail and minimize the damage to your personal life.

Is it possible to get my DUI reduced to reckless driving?

Yes, securing a “wet reckless” plea is a highly sought-after outcome. To get there, I aggressively challenge the Port Orange Police Department’s evidence. By attacking the validity of the traffic stop, the administration of field sobriety exercises, and the accuracy of the breathalyzer, I can often force prosecutors to lower the charges.

How will Attorney Bill Arnau protect my future?

As a former prosecutor and dedicated criminal defense lawyer, I know how the other side builds their cases. I act aggressively from day one.

• Save Your License: I will immediately petition the DHSMV to protect your driving privileges.
• Attack the Evidence: I will acquire all evidence, scrutinize the police reports from your traffic stop, and build a relentless defense designed to get your charges reduced or thrown out.