DUI Lawyer Experienced in Criminal Defense for Daytona Beach, FL

attorney-millerIf you’ve been arrested for driving under the influence in the Daytona Beach area, you need an experienced DUI lawyer. Since 2000, Koleilat and Miller’s G. Kipling Miller has handled thousands of DUI cases, focusing on Driving Under the Influence, Driving Under the Influence with Serious Bodily Injury, and Driving Under the Influence Manslaughter.

According to the Florida DMV records, there were 39,625 DUI convictions in Florida in 2012 alone. Of the 55,722 DUI tickets issued in Florida in 2012, 9,328 were issued by the FHP, 23,649 were issued by police departments in Florida, and 21,868 were issued by Florida Sheriffs departments.

As a leading DUI defense lawyer, Kip attends seminars across the nation to stay current with the most recent DUI criminal defense case law. Most importantly he is actively defending DUI charges in the Daytona Beach area. He has years of experience and is familiar with the procedures of the local police departments as well as FHP and Florida Sheriff’s departments. If you are in need of an experienced Daytona Beach DUI lawyer, Kip is the help you need.

Potential Consequences of DUI: A Cumulative Crime

 

Potential Consequences of DUI: A Cumulative Crime

If this is your first DUI offense, you could be assessed fines, have your driver’s license taken away for up to a year, be sentenced to jail for up to 6 months or probation for up to 12 months, and have your vehicle impounded for 10 days.

Conviction for a second DUI offense after 5 years could include jail time for up to 9 months, vehicle impoundment for 30 days, probation for up to 12 months or an interlock device installed at your expense. The stakes are even higher for a second offense within 5 years and includes losing your driver’s license for 5 years and a minimum mandatory 10 days in jail.

A third offense within 10 years can mean jail time from a minimum of 30 days up to 5 years, as well as potentially being charged with Felony DUI. A Daytona Beach DUI lawyer like Kip Miller can help prevent a conviction from tarnishing your driving record for the rest of your life.

What to Do If You’ve Been Charged

If you’ve been charged with a DUI offense, time is of the essence. Keep the following in mind when you’re considering a criminal DUI defense lawyer:

    • Immediately review your DUI ticket. Are you eligible to drive for 10 calendar days? Check your DUI ticket and see if it is checked “yes” on eligible for permit.
    • You must react immediately within 10 calendar days or you will face no driving whatsoever. The fee for a formal review hearing is $25.00.

 

What’s at Stake, Administratively, Regarding Your License as a Result of Your DUI Arrest?


First Suspension for (UBAL) (blowing over .08 g/210l): If you lose the DMV hearing a six month loss of license and 30 days of no driving after the 42 day permit expires. You are eligible for another hardship license for the remaining part of the suspension if you do not have two prior convictions for DUI on your driving record.

Second Suspension for (UBAL) (blowing over .08 g/210l): If you lose the DMV hearing a twelve month loss of license and 30 days of no driving after your 42 day permit expires. You are eligible for a hardship license if you do not have two convictions for DUI on your driving record.

First Refusal Suspension: If you lose the DMV hearing, a one year DL suspension and 90 days of no driving after the 42 day permit expires. You are eligible for a hardship license for the remaining part of the suspension if you do not have two prior conviction for DUI on your driving record.

Second Refusal Suspension: If you lose the DMV hearing, it is an eighteen month suspension. You are not eligible to drive for the entire eighteen months (18 month loss of DL is 18 months of no driving for a second refusal).

CDL Status, First Major DUI Offense: If you had a commercial driver’s license at the time of your arrest and the DMV upholds the CDL suspension, a first major offense is a one year no CDL status.

CDL Status, Second Major DUI Offense: If you had a commercial driver’s license at the time of your arrest and the DMV upholds the CDL suspension, a second major offense is permanent loss of CDL status for life.

Regarding CDL suspensions, they apply even if you were not operating a commercial vehicle. A potential defense to a CDL disqualification is whether the officer informed you of an adverse consequence against your CDL license when requesting you to submit to a test. If you were operating a commercial vehicle at the time of your arrest the CDL laws will apply.

Your Options, Administratively


1. Request a Formal Review Hearing:

  • You must file for this if you have any prior DUI arrests, convictions, Refusals or Unlawful Blood-Alcohol Level’s (UBAL) on your record. The priors can be from Florida or from anywhere else.
  • In addition, if you have an out of state driver’s license you are required to request a formal review hearing and are not ineligible for a waiver hearing.
  • Must be filed for within 10 days of the arrest date.
  • Upon filing for the formal review hearing, you will be granted a 42-day temporary driver’s license permit (if you had a valid DL at the time of your arrest and you have no suspensions from any other state).
  • The 42-day temporary driver’s license permit allows you 42 days of driving for work purposes, education, religion, and to maintain your livelihood until the hearing.
  • At the DMV hearing, you are allowed to subpoena witnesses to appear at the hearing to examine and confront their testimony. If the arresting officer or the breath test technician fails to appear at the hearing after being properly served, it will invalidate your suspension immediately. This invalidation law took effect July 1, 2013 for essential witnesses failing to appear.
  • Should the suspension be set aside, you will have a valid, unrestricted license pending the DUI case.
  • Mr. Miller has handled over 2,000 administrative hearings and is well versed in the legal issues to be raised to set aside a suspension. DMV does not invalidate all suspensions by simply requesting a hearing. However, you must fight the DMV or you will automatically lose your license as a result of the DUI arrest.


2. Request a Waiver for Review Hearing for Business Purposes Only (Substantial New Law Change Effective July 1, 2013):

  • Those individuals arrested for DUI without any prior DUI arrests (from any state), or administrative suspensions can take advantage of the Waiver of the right to have a formal review hearing.
  • This is the new Florida DUI law enacted on July 1, 2013 that would avoid the hard time (no driving) as a result of an administrative suspension.
  • This guarantee will only apply if you are a first offender with a valid license throughout the U.S. and you live in the state of Florida and otherwise qualify for the waiver.
  • You will file for a waiver hearing within 10 calendar days if you have no prior DUI convictions. Refusals or UBAL’s (explained in more detail below).
  • REQUIREMENTS TO REQUEST THE WAIVER: 
    • It is your first Refusal or Unlawful Blood-Alcohol Level (UBAL) DUI in Florida or out of the state. You also cannot have any prior convictions of reckless driving that were reduced from a DUI arrest/charge.
    • Your license has to be valid, at the time of your arrest DUI arrest and you have no suspension from any other state.
    • You must sign up for the Alcohol Safety Education class level one. Proof of enrollment must be brought to the DMV waiver hearing.
    • For those arrested in Volusia or Flagler County, please contact the Sunshine Safety Counsel at 1 800-467-7327 or through their website to enroll in the Alcohol School Level one. This class currently costs approximately $264.00 (fee is subject to change or vary from providers).
    • For individual arrested in other parts of the State please contact the appropriate DMV Bureau of the Administrative Review for the provider of the Alcohol school in your jurisdiction.
  • Once the DMV grants you eligibility for the waiver, you must have your driver’s license reinstated prior to 10 calendar days from the date of your arrest.
  • The current cost associated to reinstating your license is $225.00 (remember you also must have paid the $264 for the Alcohol School, so it costs approximately $500 to seek the waiver).
  • Issues may occur at the waiver hearing with the DMV Hearing Officer. DMV may find DUI history in your past record making you ineligible for the waiver. If this occurs immediately request a formal review hearing (fill out an additional application) and pay an additional $25 fee.
  • When you reinstate your driver’s license, if the DMV determines you are eligible to waive the formal review you must be real ID compliant. Make sure you have the proper real ID documentation with you when you attend the waiver hearing.  Visit the Florida DMV website for the requirements.
  • Please contact me prior to choosing the Waiver route because if you waive the formal review hearing, the appropriate suspension will remain on your driving record for the rest of your life.


3. No Action, Administratively

  • If you fail to request a Formal Review Hearing or a Waiver for Formal Review Hearing for Business Purposes Only, your license will be suspended. Mr. Miller can request this Formal Review Hearing or complete a Waiver for Review Hearing for Business Purposes for you and actively defend your criminal case.

Why Should You Choose Kip Miller to Defend Your DUI?

In 1993, Kip accepted a position as an Assistant State Attorney and was assigned to the misdemeanor division. In this division, he prosecuted thousands of DUI and other misdemeanor matters. Kip was then promoted to the felony division of the State Attorney’s Office and handled driving under the influence manslaughter cases, among other felony charges. Ultimately, Kip was selected as a “lead felony trial attorney” where he was responsible for not only his assigned cases but also the supervision of other trial attorneys in his division. He is a two-time recipient (1995 and 1999) of the “Top Gun” Award, which is given by the Office of the State Attorney, Seventh Judicial Circuit, for outstanding trial attorney.

In 2000, Kip decided to be the voice for the defendants and started practicing criminal defense. Mr. Miller was recruited to practice at the Whited Law Firm and was a partner from March 2000 until February 2010. While at the Whited Law Firm, Mr. Miller extensively practiced DUI law for ten years. In March 2010, Mr. Miller became a lead partner at Koleilat & Miller. Mr. Miller has handled thousands of DUI cases for the past thirteen years, focusing on Driving Under the Influence, BUI, Driving Under the Influence with Serious Bodily Injury and Driving Under the Influence Manslaughter. Mr. Miller also has experience handling all other criminal matters.

Put Kip Miller’s extensive DUI defense experience to work for you. Call Koleilat and Miller today for a free consultation, and get an experienced DUI lawyer you can trust.