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Daytona Beach DUI Lawyer

Handling Drunk Driving Charges in Volusia County, FL

If you or someone you love has been charged with driving under the influence (DUI), you face a number of penalties if convicted. Driving under the influence of alcohol or drugs is one of the more common criminal offenses in the Volusia County and Daytona Beach area. With Florida’s legal blood alcohol limit leaving little room for error, one can be considered legally intoxicated after consumption of only a few drinks.

Florida takes a tough stance on DUIs, and subjects convicted individuals to a number of short- and long-term penalties, all of which have the potential to threaten one’s personal and professional future. An experienced attorney may be able to get your DUI charges reduced or dismissed entirely, helping you avoid the harsh penalties of Florida law. At Hager & Schwartz, P.A., our Daytona Beach DUI attorneys draw from over 40 years of combined experience to help you pursue the best outcome possible in your case.

Contact our Volusia County DUI defense team today for a free consultation to discuss your drunk driving charges!

Penalties for DUI in Volusia County, FL

When charged for DUI, most people are concerned about the penalties handed down in criminal courts – and for good reason. Even a first time offense can pose considerable consequences, including:

  • Up to $1,000 in fines
  • Up to $2,000 in fines (with BAC over .15 or minor in the vehicle)
  • Community service (50 hours)
  • Probation
  • Up to 6 months imprisonment
  • Up to 9 months imprisonment (with BAC over .15 or minor in the vehicle)

  • Vehicle impoundment or immobilization
  • License revocation between 180 days and 1 year

It is important to note that the unique facts and circumstances involved in a case will have an impact on the severity of penalties involved.

Florida Second DUI Penalties

A second DUI conviction within 5 years of a first offense will result in enhanced penalties. This includes increased fines and terms of imprisonment.

Additionally, a minimum license revocation of 5 years, with possible hardship license after 1 year. Other second DUI offenders face license revocations between 180 days and 1 year.

Florida Third DUI Penalties

A third DUI within 10 years results in very steep fines and a mandatory minimum jail sentence of at least 30 days. A third DUI within 10 years is a third degree felony and is punishable by up to 5 years in prison.

It will also result in a minimum driver’s license revocation of 10 years. After two years, motorists may be able to obtain a hardship license.

Florida Fourth or Subsequent DUI Penalties

A fourth or subsequent DUI conviction can result in felony charges, with is the most serious offense a person can face. Four DUIs or more will subject you to thousands of dollars in fines and up to 5 years in a state prison. Per Florida law, you will also be labeled as a habitual / violent offender.

Regardless of when prior DUI convictions occurred, motorists who have four or more DUI convictions will have their driver’s licenses permanently revoked without the possibility of hardship reinstatement.

Florida High BAC or Minor Passenger Penalties

In any DUI case, having an excessively high BAC level (above .15) or having a minor in the vehicle during an arrest is grounds for increased penalties. Individuals charged for DUI with either aggravating factor typically see increased fines and increased terms of imprisonment, regardless of whether it is their first offense or not.

Florida DUI Resulting in Accidents & Injuries Penalties

DUIs resulting in accidents, injuries, or even death result in the most serious charges. Typically, these cases are prosecuted as felonies. DUI resulting in bodily injury, for example, is a third degree felony punishable by up to 5 years in prison and up to $5,000 in fines. DUI manslaughter is a second degree felony, and is punishable by up to 15 years in prison (or 30 years if a person also fled the scene).

Additionally, the license revocations for these convictions include:

  • DUI with Injury – DUI resulting in injury will result in a minimum license revocation of 1 year.
  • DUI Manslaughter – DUI manslaughter will result in a mandatory permanent license revocation. However, if a driver has no prior DUI conviction on their record, they may be eligible for a hardship reinstatement after 5 years.

Administrative License Hearing in Florida

In addition to penalties handed down in criminal court, motorists charged for DUI will also face repercussions to their driving privileges. Following an arrest, you have only 10 days to request an administrative hearing in order to protect your license from automatic suspension and challenge any administrative actions.

The Florida Department of Highway Safety and Motor Vehicles takes an exceedingly tough stance on drivers charged for DUI, especially when multiple offenses or aggravating circumstances are involved. Because license revocations can significantly impact your ability to meet the demands of daily life and find transportation to work, you need to take steps to protect your driving privileges by working with an experienced legal team.

Defense from Our Daytona Beach DUI Attorneys

As former Florida prosecutors, the lawyers of Hager & Schwartz, P.A. have a real edge when it comes to formulating a defense for a client’s DUI charges. Every angle of your case will be thoroughly examined to evaluate if the police followed proper legal procedure during your arrest. Something as simple as an officer neglecting to read you your rights upon arrest can lead to dismissal of your case.

Another key to an effective DUI defense is learning with what degree of accuracy the blood or breath tests were administered, as sometimes these testing methods can produce false results. Your Daytona Beach DUI lawyer will study every aspect of a blood or breath test to find out if the results are inaccurate, which can benefit your case greatly.

If you are facing drunk driving charges in Volusia County, please do not hesitate to contact a Daytona Beach DUI lawyer at Hager & Schwartz today for your legal aid.

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Real Results

  • Case dismissed Allowing an Authorized Person to Drive
  • Reduced to reckless driving DUI
  • Reduced to reckless driving DUI
  • Reduced to reckless driving DUI
  • Reduced to reckless driving DUI
  • Case dismissed Fraudulent Use of a Credit Card, Grand Theft
  • Case dismissed No Motorcycle Endorsement
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