If you or someone you know has been arrested for a DUI in Daytona Beach, FL and it is the first offense it is important to remain calm and understand that you have the right to hire your own DUI attorney to represent you in court.
While penalties can be severe even for a first offense DUI in Florida, it doesn’t automatically mean that you will serve any time in jail if you are found guilty. However, it is important to note that judges have discretion when it comes to DUI penalties in Florida and it can vary from one county to another. But that is only in the event your case goes to trial or if you are found guilty. If you are facing DUI charges in Daytona Beach or anywhere in Volusia County, FL, the job of your DUI attorney is to review the facts of the case and develop an aggressive strategy for your defense.
Should I refuse to take a breathalyzer test?
Since the majority of evidence for the prosecution is the infamous breathalyzer test, many citizens are wondering if they could simply refuse to take it. Florida, like many other states in the country, requires the mandatory and immediate suspension of a driver license on-the-spot for anyone who refuses to take a breathalyzer test. The suspension is effective immediately and remains in effect for one year even if the driver is found not guilty of a DUI. However, if it's the first offense, the driver can request a “hardship” license that will permit them to drive to work, school, or to visit the doctor during the suspension period. Florida law also makes it a criminal offense to refuse to submit to a breathalyzer test in some circumstances, depending upon your prior record.
On the other hand, if you do consent to take a breathalyzer test and score over the legal limit of .08, your license will also be automatically suspended for at least six months and there will be other mandatory penalties if you are found guilty. This is just one of many examples that although everyone is entitled to a fair trial, the law provides certain advantages to the prosecution. That’s why if you are facing DUI charges in Daytona Beach, FL, it is imperative to hire a DUI attorney as soon as possible who will aggressively argue the facts of the case on your behalf.
Remember, just because you are arrested for a DUI doesn’t mean that you are guilty of the offense. And even if you were over the legal limit, it is often possible to resolve the case without a DUI conviction. For a free consultation with an aggressive DUI attorney serving the Daytona Beach, FL area, contact us at (386) 738-1111 or visit us online today!