If you have been arrested for driving under the influence in Volusia or Flagler County, you need an experienced DUI lawyer. Since 2000, Kip Miller has handled literally thousands of DUI cases, focusing on Driving Under the Influence, Driving Under the Influence with Serious Bodily Injury and Driving Under the Influence Manslaughter. As a leading DUI defense lawyer, Kip attends seminars across the nation to stay current with the most recent DUI criminal defense case law. Most importantly, he is actively defending DUI charges in the Daytona Beach area.
DUI: A Cumulative Crime
If this is your first DUI offense, you could be assessed fines, have your driver’s license taken away for up to a year, be sentenced to jail for up to 6 months or probation for up to 12 months, and have your vehicle impounded 10 days.
Conviction for a second DUI offense after 5 years could include jail time for up to 9 months, your vehicle being impounded for 30 days, probation for up to 12 months or an interlock device installed at your expense. The stakes are even higher for a second offense within 5 years and includes losing your driver’s license for 5 years and a minimum mandatory 10 days in jail.
A third offense within 10 years can mean jail time from a minimum of 30 days up to 5 years, as well as potentially being charged with Felony DUI. A Daytona Beach DUI lawyer like Kip Miller can help prevent a conviction from tarnishing your driving record for the rest of your life.
What To Do If You have been Charged
If you’ve been charged with a DUI offense, time is of the essence. Keep the following in mind when you’re considering a criminal DUI defense lawyer:
- Immediately review your DUI ticket. Are you eligible to drive for 10 calendar days?
- You must react immediately within 10 calendar days or you will face no driving whatsoever. The fee for a formal review hearing is $25.00.
What’s at Stake, Administratively, Regarding Your License as a Result of Your DUI Arrest?
First Suspension for Unlawful Blood Alcohol Level: If you lose the DMV hearing a six month loss of license and 30 days of no driving after the 42 day permit expires. You are eligible for another hardship license for the remaining part of the suspension if you do not have two prior convictions for DUI on your driving record.
Second Suspension for Unlawful Blood Alcohol Level: If you lose the DMV hearing a twelve month loss of license and 30 days of no driving after the 42 day permit expires. You are eligible for another hardship license for the remaining part of the suspension if you do not have two prior convictions for DUI on your driving record.
First Refusal Suspension: If you lose the DMV hearing, a one year Driver’s License Suspension and 90 days of no driving after the 42 day permit expires. You are eligible for another hardship license for the remaining part of the suspension if you do not have two prior convictions for DUI on your driving record.
Second Refusal Suspension: If you lose the DMV hearing, it is an eighteen month suspension and 90 days of no driving after the 42 day permit expires. You are NOT eligible to drive for the entire eighteen months.
CDL Status, First Major DUI Offense: If you had a commercial Driver’s license at the time of your arrest and the DMV upholds the CDL suspension, a first major offense is a one year no CDL status.
CDL Status, Second Major DUI Offense: If you had a commercial Driver’s license at the time of your arrest and the DMV upholds the CDL suspension, a second major offense is a permanent loss of CDL status.
Your Options, Administratively
1. Request a Formal Hearing:
- You must file for this if you have any prior DUI arrests, convictions, Refusals or Unlawful Blood Alcohol Level’s on your record. The priors can be from Florida or from any other State.
- In addition, if you have an out of state driver’s license you are required to request a formal review hearing and are not ineligible for a waiver hearing.
- It must be filed within 10 days from the date of the arrest.
- Upon filing for the formal review hearing, you will be granted a 42-day temporary driver’s license permit (if you had a valid DL at the time of you arrest and you have no suspensions from any other state).
- The 42-day temporary permit allows you to drive for work purposes, education, religion, and to maintain your livelihood until the hearing.
- At the DMV hearing, you are allowed to subpoena witnesses to appear at the hearing to examine and confront their testimony. If the arresting officer or the breath test technician fails to appear at the hearing after being properly served, it will invalidate your suspension immediately. This invalidation law took effect July 1, 2013 for essential witnesses to appear.
- Should the suspension be set aside, you will have a valid, unrestricted license pending your DUI case.
- Mr. Miller has handled thousands of administrative hearings and is well versed in the legal issues to be raised to set aside a suspension. DMV does not invalidate all suspensions by simply requesting a hearing. However, you must fight the DMV or you will automatically lose your license as a result of the DUI arrest.
2. Request a Waiver for Review Hearing for Business Purposes Only (SUBSTANTIAL NEW LAW CHANGE)
- Those individuals arrested for DUI without any prior DUI arrests or administrative suspensions can take advantage of the Waiver of the right to have a formal review hearing.
- This guarantee will only apply if you are a first offender with a valid license throughout the U.S. and you live in the state of Florida and otherwise qualify for the waiver.
- You will file for a waiver hearing within 10 calendar days if you meet the following:
- It is your first Refusal or Unlawful Blood Alcohol Level DUI in Florida or out of the state. You also cannot have any prior convictions of reckless driving that were reduced from a DUI arrest/charge.
- Your license has to be valid, at the time of your DUI arrest and you have no suspension from any other state.
- You must sign up for the Alcohol Safety Education class level one. Proof of enrollment must be brought to the DMV waiver hearing.
- For those arrested in Volusia or Flagler County, please contact the Sunshine Safety Counsel at 1-800- 467-7327 or through their website http://www.sunshinesafety.org/ to enroll in the Alcohol School Level one.
- Once the DMV grants your eligibility for the waiver, you must have your driver’s license reinstated prior to 10 calendar days from the date of your arrest.
- Issues may occur at the waiver hearing with the DMV hearing officer. DMV may find DUI history in your past record making you ineligible for the waiver. If this occurs immediately request a formal review hearing.
- Please contact me prior to choosing the Waiver sought because if you waive the formal review hearing, the appropriate suspension will remain on your driving record for the rest of your life.
3.No Action Administratively,
- If you fail to request a formal review hearing, your license will be suspended. Our DUI defense lawyer can request this formal review hearing for you and actively defend your criminal case. Put Kip Miller’s extensive DUI defense experience to work for you.
Contact Koleilat and Miller today to schedule a consultation.