DUI Lawyer in Daytona Beach, FL
Attorney Sam N. Masters, founder of Sam Masters Legal, is a former prosecutor and Volusia County DUI attorney with more than 40 years of criminal trial experience and knowledge. Mr. Masters has spent more than 35 years of his legal profession representing individuals arrested and charged with DUI throughout Volusia County and Flagler County.
When you have been arrested for DUI (Driving Under the Influence) in the state of Florida, it is important that you understand that you have two different cases being filed against you. The first is an administrative case and the other is a criminal case.
Driving Under the Influence (DUI) is a serious criminal offense in Florida. Whether it’s impairment of “normal faculties” or exceeding the legal blood alcohol limit of .08, the consequences can be severe. For first-time offenders, fines range from $500 to $2,000.
Navigating DUI Laws in Daytona Beach
Florida boasts stringent DUI laws, and a conviction can lead to harsh penalties, including jail time, hefty fines, community service mandates, and the installation of ignition interlock devices. Beyond the criminal repercussions, individuals may also encounter administrative and civil consequences, such as driver’s license suspensions or revocations. In addition, insurance may be canceled and employment may be impacted, especially if it is necessary to have a valid drivers license as a condition of employment. If you have been arrested for DUI, it’s critical to contact an experienced criminal defense lawyer in Daytona Beach, FL.
Your Defense Starts Here
Facing a DUI arrest is daunting, but remember, an arrest doesn’t equate to a conviction. With the right legal representation, you can safeguard your rights and pursue a favorable outcome. As a trusted criminal defense lawyer serving Daytona Beach and its surrounding areas, Sam Masters Legal is here to guide you through this challenging time.
Act Fast to Protect Your Rights
After being arrested for DUI in Florida, it’s crucial to understand that you have a limited timeframe to take action to protect your driving privileges. Specifically, you have ten (10) days from the date of your arrest to request a formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV).
This formal review hearing is an essential step in the process and provides an opportunity to challenge the administrative suspension of your driver’s license. Without requesting this hearing within the specified timeframe, your license may face automatic suspension, regardless of the outcome of your criminal case.
It’s vital not to rush into seeking immediate reinstatement of your driving privileges without carefully considering your options. While the temptation to quickly regain your ability to drive may be strong, doing so without proper legal advice and representation can have long-term consequences.
By taking the time to request a formal review hearing and engaging the services of an experienced DUI defense attorney, you can maximize your chances of preserving your driving privileges and mounting a strong defense against the charges you face.
Definition of Driving Under the Influence (DUI) in Florida
Florida law, outlined in Section 316.193 of the Florida Statutes, stipulates that individuals may be charged with driving under the influence (DUI) if they are operating a vehicle or are deemed to be in “actual physical control” of it while under the influence of alcohol or drugs. To establish a DUI, it must be demonstrated that the individual’s ability to carry out everyday mental and physical tasks, such as driving, seeing, hearing, balancing, or communicating, was impaired due to the influence of a chemical substance.
The term “normal faculties” is defined by Florida’s DUI laws as the capacity to perform these routine mental and physical activities. However, prosecutors have an additional avenue to pursue a DUI charge, known as the “per se” version. In this scenario, if an individual’s blood alcohol concentration (BAC) exceeds the legal limit of .08 at the time of driving, they can be convicted of DUI even if there is no evidence of impairment. Law enforcement officers utilize various methods to ascertain a driver’s BAC, including breath, blood, or urine tests. In Florida, the Intoxilyzer 8000 breath test is commonly administered for this purpose.
Regardless of the method used to establish the offense, the punishments and penalties remain consistent. Although both approaches can be presented during trial, if the defendant is found guilty, the court will impose sentencing on a count of DUI.
Could I face DUI charges in Florida even if my vehicle was stationary?
Navigating DUI charges in Daytona Beach, FL, can be intricate, particularly when individuals find themselves arrested without actively driving. According to Florida law, being in “actual physical control” of a vehicle while intoxicated can lead to DUI charges.
Some scenarios involve individuals intending to sober up by pulling over in a parking lot, only to be charged with driving under the influence. In such instances, a seasoned Daytona Beach criminal defense lawyer can argue that your detention lacked legal grounds, as no actual driving was observed or the keys were inaccessible. This may lead to a motion to dismiss the DUI charge due to insufficient evidence of “actual physical control.”
If you’re facing DUI charges in Daytona Beach, FL, despite not actively driving the vehicle, seeking the assistance of a skilled attorney like Sam Masters Legal can significantly strengthen your defense strategy, aiming for the most favorable outcome possible.
Florida’s Implied Consent Laws and Administrative Suspensions.
In Florida, there exists an implied consent law outlined in Florida Statutes Annotated § 316.1932. This law dictates that by operating a vehicle in Florida, individuals automatically give their implied consent to undergo chemical testing during a DUI stop. However, it’s important to note that implied consent does not extend to field sobriety exercises.
If a driver refuses to undergo a breath, blood, or urine test to determine blood alcohol concentration (BAC), they may face civil penalties, including an automatic license suspension lasting up to one year. For subsequent refusals, the suspension period could extend to 18 months. A driver who submits to a BAC test and registers over a .08, may face an automatic suspension of six months.
A driver who either blows a .08 or higher, or refuses the breath test, is promptly arrested and issued a “Notice of Suspension,” resulting in an immediate license suspension from six months for .08 or above and one year for a first-time refusal. IT’S CRUCIAL TO ACT SWIFTLY, as individuals have only ten (10) days following an arrest to contest this suspension and fight for their driving privileges.
Within this timeframe, drivers must decide whether to request a Formal Review Hearing with the Division of Highway Safety and Motor Vehicles to challenge the license suspension. Only Florida Drivers , with no prior DUI related suspensions or DUI convictions, have the option of accepting the administrative suspension and waiving a Formal Review Hearing.
Legal representation can assist in securing a temporary driving permit for essential purposes, such as work and school, until the conclusion of the administrative hearing.
It’s essential to recognize that the license suspension is distinct from DUI charges, constituting a civil penalty rather than a criminal one. Consequently, individuals may potentially avoid a DUI conviction but still endure an administrative DUI suspension in certain scenarios.
A driver who opts for a Formal Review Hearing and prevails, will have the administrative suspension invalidated and can obtain a new valid driver’s license. However, any driver who seeks a formal review and the suspension is upheld by the hearing officer, may not be eligible for a Business Purposes or “hardship “ license for 30 days for a .08 or higher and up to 90 days for a refusal. Any driver who is eligible to waive the formal hearing and opts to do so, will be immediately entitled to obtain a driver’s license Business Purposes Only while serving the required suspension.
It is important to immediately seek legal counsel to help you review your options and make a timely decision that is best for you under your particular circumstances. Contact Sam Masters, a seasoned defense lawyer in Daytona Beach, FL, for a free consultation.
Consequences of a DUI in Florida
First Offense
Drivers convicted of a First DUI in Florida would face second-degree misdemeanor charges, accompanied by various penalties. These penalties include a fine ranging from $500 to $1,000, which increases to $1,000 to $2,000 if the driver had a blood alcohol level (BAL) of .15 or higher or a minor in the vehicle. Additionally, offenders may be required to complete fifty hours of community service, serve up to one year of probation, and potentially face up to six months in jail, extending to nine months under aggravated circumstances. License revocation is mandatory for a minimum of 180 days, and individuals must attend twelve hours of DUI school, followed by an evaluation to determine the need for further treatment. Moreover, drivers may be required to install an Ignition Interlock Device for up to six continuous months.
Second DUI Offense
In the event of being pulled over and arrested for a Second DUI in Florida, the charges escalate to a first-degree misdemeanor, bringing significantly harsher penalties. Potential consequences may include a fine ranging from $1,000 to $2,000, with the possibility of an increase to $2,000 to $4,000 if the driver had a blood alcohol level (BAL) of .15 or higher or a minor was present in the vehicle. Moreover, offenders may face up to nine months in jail, undergo a mandatory minimum 180-day license revocation, and be required to complete twenty-one hours of Level II DUI School, followed by an evaluation to assess the need for further treatment. In fact, a second DUI conviction results in a minimum 5-year license suspension if it occurs within 5 years of the first DUI. Additionally, individuals could be mandated to utilize an Ignition Interlock Device.
Third DUI offense
A Third DUI offense in Florida carries the potential of being classified as a third-degree felony. However, if the prior driving under the influence conviction occurred more than ten (10) years before the most recent arrest, the offense may be charged as a first-degree misdemeanor. The associated penalties can be severe, including a fine ranging from $2,000 to $5,000, with the possibility of escalation to not less than $4,000 if the driver had a blood alcohol level (BAL) of .15 or higher or a minor was present in the vehicle. Furthermore, offenders could face up to one year in jail, undergo a minimum 180-day license revocation, and be mandated to complete twenty-one hours of Level II DUI School, followed by an evaluation to assess the need for further treatment. Additionally, individuals may be required to utilize an Ignition Interlock Device for a minimum of two years.
Fourth DUI Offense
In the case of a fourth or subsequent DUI arrest in Florida, the offense is classified as a Felony DUI, regardless of the number of prior convictions or the duration since the last offense. Felony DUI penalties are severe and encompass a fine of no less than $1,000, the possibility of up to five years’ imprisonment, and permanent revocation of the offender’s driver’s license.
Other DUI Consequences and Punishments
Sam Masters Legal offers a free initial consultation with Mr. Masters, a Daytona Beach DUI defense lawyer dedicated to review the details and facts surrounding your drunk driving case. Each DUI case has a different set of facts and circumstances that may allow for a proper defense to minimize your punishment and/or get the charges reduced or dropped altogether.
Many people are misled in the belief that simply failing a Breathalyzer test means that a person will be convicted of Driving Under the Influence. This is simply untrue. Sam Masters Legal has experience evaluating the circumstances of a DUI arrest and will carefully examine these details including the validity of the stop, roadside test protocol, probable cause, and accuracy of the chemical sample. Sam Masters Legal employs experts to investigate every aspect of the DUI stop, investigation and arrest. Sam and his staff will thoroughly review all aspects to determine if your constitutional rights were violated during the arrest process.
The impact of a driving under the influence conviction on your criminal record is serious and may affect the rest of your life. You do not have to plead guilty and should consider fighting your DUI charges with the help of an aggressive Daytona Beach DUI attorney. At each step in the driving under the influence legal process, Sam Masters Legal will put his more than 35 years of experience to work for you by working to eliminate the DUI charges or minimizing the potential consequences of your DUI in order to protect your future. If you or a loved one has been charged with Driving Under the Influence, you can trust your legal defense to Sam, an aggressive defense attorney at Sam Masters Legal.
Vehicle Impoundment After a DUI
According to Florida Statutes Section 316.193(6), following a DUI conviction, the court is mandated to impound the defendant’s vehicle unless certain exceptions are demonstrated. Essentially, upon a DUI conviction, the court issues an order for vehicle impoundment or immobilization, unless the defendant can prove that adhering to this order would result in undue hardship. The duration of impoundment or immobilization commences once the defendant completes any period of incarceration, if applicable, and forms an obligatory component of probation. The duration varies based on the offense: 10 days for a first DUI conviction, 30 days for a second DUI conviction within 5 years of the prior conviction, and 90 days for a third or subsequent DUI conviction within 10 years of the prior convictions.
DUI with Serious Bodily Injury
If a DUI offense results in injury to another person, it is classified as a DUI with Serious Bodily Injury, constituting a third-degree felony. The associated penalties can be severe, with a maximum statutory sentence of five years’ imprisonment in a Florida State Prison and a fine of up to $5,000, accompanied by the potential loss of driving privileges for the offender. According to Florida Statute 316.193(3), the term “seriously injured” encompasses any harm sustained by individuals involved in the car accident, including the driver and passengers in the defendant’s vehicle. This injury may manifest as physical disfigurement, loss or impairment of bodily functions, or any injury likely to result in death.
DUI with Property Damage
In cases where a DUI offense involves property damage, it is prosecuted as DUI with Property Damage. Enhanced penalties apply when the incident entails property damage to another vehicle or results in non-serious bodily injury to another individual. These enhanced penalties typically involve an extended statutory maximum incarceration period and heightened fines.
Even in the absence of personal injury, it’s crucial to recognize that Florida maintains a stringent stance against DUI cases, often leading prosecutors to pursue charges vigorously.
According to Florida Statute 316.193(3), even for drivers with no prior arrest record, the offense can be treated as a first-degree misdemeanor, punishable by up to 12 months in county jail and fines reaching $1,000. Moreover, the judge is typically required to impose certain additional conditions, including probation and the installation of an Ignition Interlock Device.
An Ignition Interlock Device, commonly referred to as a car breathalyzer, is a common punishment in DUI cases across all states. This device is installed in the individual’s vehicle, requiring them to blow into the mouthpiece before starting the car. If the device detects a breath-alcohol level exceeding its programmed threshold, the vehicle will not start and may even be disabled for a specific duration.
Juvenile DUI Charges
In cases of Juvenile DUI, individuals under the age of 21 are deemed impaired if their blood alcohol concentration (BAC) registers above 0.02. Florida’s “zero tolerance” approach to underage drinking and driving dictates that even a single alcoholic beverage can result in a DUI charge for an underage driver.
For a juvenile under 21 who is arrested for DUI for the first time, the potential consequences can be severe. These may include up to six months’ imprisonment, a fine reaching $1,000, mandatory community service, a six-month suspension of driving privileges, and the possibility of vehicle impoundment.
Fighting a DUI Charge with an Experienced DUI Defense Attorney
Navigating drunk driving charges can be daunting, leaving drivers feeling trapped after an arrest. However, it’s important to note that many aspects of evidence presented in police reports may not hold up in court. A skilled DUI defense attorney in Daytona Beach, FL can work to challenge or eliminate certain evidence, such as:
- Alleged statements made to the officer regarding alcohol or drug use
- Results or validity of breath, blood, or urine tests
- Officer’s observations during field sobriety tests
- Information obtained following an improper or illegal stop
- Refusal to undergo chemical testing of breath, blood, or urine
- Violation of defendant’s rights, such as not being read Miranda Rights
Find a DUI Lawyer in Daytona Beach, FL
Facing a DUI arrest in Daytona Beach, FL doesn’t automatically seal your fate. With Sam Masters Legal by your side, you can rest assured that your rights will be safeguarded while crafting a robust defense strategy. Our team strives to provide you with the best possible outcome, whether it’s a reduction or dismissal of charges. Schedule a complimentary and confidential consultation today by calling (386) 252-4717 to discuss the specifics of your situation.
Regardless of whether your case involves a breath, blood, or urine test, or if you refused testing altogether, reach out to Sam Masters Legal to discuss your options with a seasoned DUI attorney in Daytona Beach, FL.