The DUI Process in Daytona Beach
What Happens After Being Arrested for DUI?
Many people do not realize that upon being arrested for
DUI there are two separate actions that are triggered. The first is the criminal
charge that is dealt with by the courts and the second is a civil case
concerning your driving privileges with the Department of Highway Safety
and Motor Vehicles (DHSMV). It is very important to understand that you
have 10 days from the date of your arrest to file a request for a formal
review hearing with the DHSMV to challenge your driver's license suspension.
Even if the criminal DUI charge against you is dropped, your license will
still be suspended by the DHSMV if you fail to schedule this hearing.
The criminal process will start with an arraignment where you will be informed
of the exact charges against you and you will be asked to enter a plea.
If you plead guilty, the judge will impose a sentence. If you plead not
guilty, a date will be set for a pretrial hearing. At this hearing, negotiations
can be made with a prosecutor and the judge will be informed of the progress
of the case. If no plea agreements can be made during negotiations at
your pretrial hearing, a date will be set for a trial. Most DUI cases
do not go to trial as they are resolved before this stage; however everyone
has the right to a trial. A Daytona Beach criminal defense lawyer should
be hired upon being charged with a DUI. In this way, you can be competently
represented for both the formal hearing with DHSMV and in court.
Daytona Beach DUI Attorney – Serving Deland & West Volusia
Buckmaster & Ellzey, have experience as both a former state prosecutor as well as in the field
of criminal defense. This gives us a unique understanding of every aspect
of the DUI process. We know that you are facing complex laws and court
procedures in addition to serious penalties that could hurt you and your
family. You should not face these alone. Our willingness to fiercely defend
against violations of your rights can be used to your advantage.
Being charged with a DUI does not mean that you are guilty. There are numerous
defense strategies that can be developed and executed that could lead
to a victory in your case. During this trying time, you need a lawyer
with both compassion and skill.