DUI/DWI

DUI / DWI Attorney in Volusia County

We Have Offices Conveniently Located in Deland and Daytona Beach

Getting arrested for Driving Under the Influence can completely change and disrupt your life. One day you’re driving yourself to work, and the next day you have to ask friends and family members for rides. Many people who get arrested for DUI find themselves in handcuffs for the very first time. If you have been arrested for DUI, there are many issues you will face as you navigate the justice system. Immediately after your arrest, you have some very important decisions to make. Making those decisions on your own can feel overwhelming considering that you have just spent the night in jail, faced a judge for the first time, and have had to tell your friends and family. Let our criminal defense lawyer help you with making these decisions, you do not need to do this on your own. Contact Thompson Law and set up a free consultation with attorney Matt Thompson to discuss your case, and allow our attorney to guide you.

With offices in Deland and Daytona Beach, we’ve represented clients throughout Central Florida for over 18 years.

Our comprehensive DUI defense strategy begins with a thorough examination of your case details, including the arrest's circumstances and any evidence collected. We aim to challenge the evidence's validity, such as breathalyzer results or field sobriety tests, by scrutinizing their accuracy and administration. Our dedication is not only to defend your rights but also to mitigate the potential impact a DUI conviction might have on your personal and professional life. We strive to provide you with peace of mind by taking an aggressive approach from the outset, ensuring that every aspect of your case is meticulously considered and prepared for.

how a dui impacts your Driver’s License

First and foremost, your driver’s license will be taken from you at the time of your arrest. In the State of Florida, driving is considered a “privilege” and not a “right.” You accept the privilege to drive so long as you do not consume alcohol to the extent that your normal faculties are impaired.

In recent years, the law changed to make it easier for people after their first arrest for DUI to obtain some privilege to drive as their case matriculates through the legal process. If you have never been previously arrested anywhere for DUI, you may be eligible to immediately obtain a valid driver’s license with a work-purposes-only restriction. Regardless of your eligibility, the traffic citation you receive will only allow you ten (10) days to get this accomplished. Please visit the Florida Department of Highway Safety and Motor Vehicles website to answer any immediate questions.

It is crucial to act quickly to preserve your driving privileges. By engaging our services immediately after your arrest, we can help you navigate the administrative processes required to obtain a hardship license, allowing you to maintain your employment and fulfill essential duties. Our legal team is adept at handling both the criminal and administrative aspects of DUI cases in Volusia County, ensuring you receive comprehensive representation.

Punishments for DUI in Deland, daytona beach and throughout volusia county

Many of you have had experience with a friend or a family member who have been arrested and prosecuted for DUI in the past. Everyone hears stories about how DUIs are resolved in the State of Florida. DUI cases are each different and the slightest difference in a police report can drastically change the punishment. The State must prove in every case you were the driver of the vehicle, or were in “actual physical control” of the vehicle, and at the time, you were under the influence of drugs and/or alcohol to the extent that your normal faculties are impaired. The law allows for the jury to make an inference of your intoxication if you take a lawful breathalyzer and the limit is above .08. The basic punishments and enhancements for DUI are as follows:

First Time Offenses

Adjudication of Guilt.
Up to six (6) months in jail.
Up to one (1) year of probation.
A fine no less than $500.00, and no more than $1,000.00.
Mandatory license suspension of a minimum of six (6) months, up to one (1) year.
No less than fifty (50) hours of community service.
Ten (10) day impound of your vehicle.
Must attend and complete the Level 1 DUI School or the Alcohol Safety Education Course.
Must attend and complete the Victim’s Awareness Panel.
Must refrain from using drugs and/or alcohol while on probation with random urinalysis.
Pay court costs, cost of prosecution, cost of investigation.

Second Time DUI Offenses

Adjudication of Guilt.
Up to nine (9) months in jail.
Up to one (1) year of probation.
A fine no less than $1,000.00, and no more than $2,000.00.
Mandatory license suspension of a minimum of six (6) months, up to one (1) year.
No less than fifty (50) hours of community service.
Ten (10) day impound of your vehicle.
Must attend and complete the Advanced Alcohol Safety Education Course.
Must attend and complete the Victim’s Awareness Panel.
Must refrain from using drugs and/or alcohol while on probation with random urinalysis.
Pay court costs, cost of prosecution, cost of investigation.
One (1) year interlock device to be installed in your vehicle at your own expense.

Certain sentencing conditions may vary based on individual circumstances of the arrest, such as the presence of minors in the vehicle or if any accidents occurred as a result of driving under the influence. These can significantly affect the severity of the penalties imposed, and having a knowledgeable legal defense can be pivotal in navigating these complexities to potentially reduce sentencing severity.

Second Time DUI Offense that Occurs Within Five (5) Years of the First Offense - Enhancement

In addition to the above-listed statutory sanctions:
There will be an additional sanction of a mandatory minimum of ten (10) days in jail.
License suspension of up to five (5) years.

Third Time DUI Offense Outside of Ten (10) Years

In addition to the above-listed statutory sanctions:
Punishable by up to twelve (12) months in jail.
A fine no less than $2,000.00 and not more than $5,000.00.
License suspension of up to ten (10) years.
Two (2) year interlock device to be installed in your vehicle at your own expense.

Third Time DUI Offense Within Ten (10) Years

A third arrest for DUI, where the arrest is within ten (10) years of your second conviction for DUI, can be charged as a third-degree felony.
This is punishable by up to five (5) years in prison and up to a $5,000.00 fine.

Fourth Time DUI Offense

A fourth arrest for DUI, regardless of the dates of the prior convictions, will be charged as a third-degree felony.
This is punishable by up to five (5) years in prison and up to a $5,000.00 fine.
A permanent driver’s license revocation.

.15 Blood Alcohol Level Enhancements

For any arrest for DUI, if you offer a breathalyzer and your results are a blood alcohol content (BAC) level of .15 or higher, you will face additional sanctions as listed below:
1st Time DUI Offense Enhancement:
- A fine no less than $1,000.00 and not more than $2,000.00.
- Up to nine (9) months in jail.
2nd Time DUI Offense Enhancement:
- A fine no less than $2,000.00 and not more than $4,000.00.
- Up to twelve (12) months in jail.
3rd Time DUI Offense Enhancement:
- A fine of $4,000.00 or more.

DUI Offenses for Defendants Under Twenty-One (21) Years Old

The blood alcohol level for someone who is arrested and suspected of drinking and driving is reduced from .08 to .02 when the driver is under the age of twenty-one.

What is most important to understand about a DUI charge is that the more convictions you have for DUI, the more serious the sanctions become. Only certain crimes in Florida have this effect, and DUI is one of them. Hiring an attorney is very important when facing a DUI. Attorney Matt Thompson is an experienced trial attorney who has handled hundreds of DUI cases. Attorney Thompson stays up to date with changes in the law and has filed a variety of motions addressing a litany of issues in his clients' cases.

Attorney Thompson works each case aggressively and meticulously and has the ability to file and argue motions on your behalf and to argue your case before a jury. An alternative way to resolve your DUI case is to convince the prosecutor to amend their offer to allow you to enter a plea to reckless driving, or what some may refer to as a “wet reckless.” The benefit of entering a plea to a wet reckless protects you in the future should you ever get arrested for DUI again. This will prevent the State from enforcing the enhanced sanctions discussed above. Florida’s Reckless Driving Statute with substance abuse-related sanctions is found in chapter 316.192(5).

“Wet Reckless” in Volusia County

The statute states that if the Court has reasonable cause to believe that alcohol or chemical substances were used during the commission of a reckless driving, the Court shall order the person convicted of reckless driving to participate in the following:
- Direct the person to participate in a DUI substance abuse evaluation course and attend and pay for any recommended treatment that will follow.
- The negotiated sentence with the State may include: additional DUI classes, jail time, license suspension, community service hours, enhanced fines, and/or interlock device installation.

Accepting a plea of “wet reckless” is an important decision that should be made with professional guidance. It offers advantages such as lesser charges on record and reduced penalties, but also comes with its own set of conditions. Consulting with a knowledgeable DUI attorney ensures that you understand the ramifications and benefits thoroughly, leading to the most informed choices for your situation.

How will a DUI affect my car insurance?

Having a DUI on your driving record will inevitably cause you to pay more for your insurance and you will be required to carry higher insurance limits. For any DUI conviction after October 1, 2007, you must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence, and 50,000 property damage liability. Certification of liability insurance must be in the form of an FR-44 and continuously maintained for a period of 3 years from the reinstatement of the DUI Revocation. A reinstatement fee of $150 up to $500, for subsequent violations, may be required.

The surcharges that follow a DUI conviction can vary significantly depending on the insurance provider, with some individuals experiencing premium increases as high as 50% or more. Understanding these financial ramifications is critical, as they can impact your budget for years post-conviction. Consulting an insurance expert or attorney about these likely increases can offer a clearer perspective on managing post-DUI financial obligations.

Strategies to Avoid a DUI in Daytona Beach & DeLand

In smaller towns, such as DeLand, Florida, it used to be difficult to find a reputable cab company to take you home after a night of drinking. Now, with the advent of companies such as Uber and Lyft, the ability to avoid an arrest for a DUI is literally at the touch of your fingertips. Attorney Matt Thompson wrote a blog on ways to avoid getting a DUI and offers a price comparison between hiring a cab versus hiring an attorney and paying court costs, fines, costs of investigation, prosecution, and probation.

Dedicated DUI Defense by Thompson Law

When you hire Matt Thompson as your attorney, you can be certain that you are hiring an experienced attorney who will fight tirelessly on your behalf. With every DUI case, Attorney Thompson’s first step is to discuss the case with you and get your account of the incident. This allows our attorney to make a determination about your case and decide what course of action is going to result in the best possible outcome for you. Attorney Thompson has experience in filing motions, successfully arguing motions, and going to trial. Attorney Thompson will take every measure to protect you.

At Thompson Law, P.A., we recognize that facing a DUI charge can be stressful and daunting. That's why we prioritize building a comprehensive defense strategy tailored to the unique aspects of your case. Our commitment encompasses thorough preparation, precise motion filing, and leveraging every legal avenue to protect your rights and future. We stand beside you at every step, ensuring a transparent and supportive legal journey.

Local Knowledge & Legal Expertise for DUI Offenses

Understanding the specific DUI laws in Central Florida is vital for mounting a strong defense. The county's local law enforcement agencies, including the Volusia County Sheriff's Office and the Daytona Beach Police Department, are actively involved in DUI checkpoints and road safety campaigns. Awareness of these local enforcement practices is essential for anyone charged with DUI in the area. This insight allows our attorneys to anticipate common tactics used by local law enforcement and prepare well-informed defense strategies that can challenge procedural missteps or unconstitutional practices.

One of the unique challenges facing those charged with DUI in Volusia County is the prevalence of tourist activity in areas like Daytona Beach—known for drawing both international visitors and spring breakers—leading to increased law enforcement presence. As a firm based in this community, we have the local insight necessary to address and combat any license suspensions or charges that arise from interactions with law enforcement in busy tourist districts. By tailoring our defense strategies to these unique local circumstances, we can more effectively defend your rights and achieve positive outcomes.

Frequently Asked Questions About DUI Defense in Volusia County

What Should I Do Immediately After a DUI Arrest?

If you've been arrested for DUI in Daytona Beach, Deland, or the surrounding areas, your first step should be to remain calm and comply with law enforcement while being mindful of your rights. It's crucial not to attempt to argue your case or provide more information than necessary during the initial encounter. After your arrest, contact a dedicated DUI attorney immediately. At Thompson Law, P.A., our priority will be to analyze your case's details, including the evidence collected and any procedural errors, to begin building a defense. The sooner our legal team can start working on your situation, the better we can strategize to protect your driving privileges and minimize potential penalties.

How Can a DUI Conviction Affect My Future Employment?

A DUI conviction can significantly impact your employment opportunities, particularly if your job requires driving or if your employer performs regular background checks. Many employers view DUI convictions seriously as they may raise concerns about judgment and reliability. For certain professions that involve driving, insurance, or a public trust component, maintaining a clean driving record may be mandatory. Understanding these implications and the importance of a strong defense can be crucial for safeguarding future employment options. A legal team experienced in DUI defenses, like ours at Thompson Law, P.A., can provide counsel specifically geared towards minimizing these impacts and exploring options like charge reductions or negotiations that may benefit your employment outlook.

What Are the Legal Penalties for Refusing a Breathalyzer Test in Florida?

In Florida, refusing a breathalyzer test when stopped on suspicion of DUI carries its own penalties, separate from any DUI charges. The state adheres to an "implied consent" law, meaning drivers implicitly agree to submit to chemical tests for alcohol or drugs in exchange for the privilege to drive. Refusal can result in an immediate license suspension—typically a one-year suspension for the first refusal and 18 months for subsequent refusals. Additionally, these refusals can be used against you in court as implied consciousness of guilt. Consulting with a knowledgeable DUI attorney local to Volusia County is essential for understanding the potential defenses available for handling charges of both DUI and refusal of a breathalyzer.

Can I Be Charged with DUI for Prescription Medications?

Yes, in Florida, you can be charged with DUI for operating a vehicle under the influence of legally prescribed medications if those medications impair your ability to drive safely. This is a common misconception that many defendants face, thinking that a prescription provides full legal protection. Prescription drugs that cause drowsiness, dizziness, or slow reaction times can all lead to impaired driving charges. At Thompson Law, P.A., we diligently work to investigate such cases, examining the nuances of medication interactions and their documented effects on your faculties to build a robust defense aimed at protecting your rights and challenging the state’s evidence.

What Makes a DUI Charge in Daytona Beach Different from Other Areas?

The notable difference in handling DUI charges in Daytona Beach compared to other areas stems from the city's vibrant tourism and event-driven activities such as Bike Week and spring break. These events increase police presence and enforcement efforts, aiming to maintain safety in heavily trafficked zones. Such unique circumstances often involve sobriety checkpoints or rapid-response teams stationed in popular areas, potentially leading to greater scrutiny of DUI cases. Understanding these localized nuances is where the local expertise of Thompson Law, P.A. becomes invaluable. We tailor defense strategies that not only consider the unique aspects of your charge but also strategically address the context and pressures of law enforcement in Daytona Beach.

Matt Thompson has experience prosecuting and defending charges of criminal mischief. Call us today for your free case evaluation at (386) 280-4977.

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View Recent Results

No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
Charges Reduced Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.
Charge Reduced Felony Child Abuse
Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.
Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
All Charges Dismissed Child Abuse Battery
The Client was entangled in a contentious divorce where her ex-husband used the criminal legal system to try to gain leverage against the Client in the family law courts. Attorney Thompson was able to provide documentation, witness statements, and a certificate of completion of a parenting class to get all charges dismissed against the client.