What Happens When You Are Arrested For A Daytona Beach DUI

When someone is arrested for a Daytona Beach DUI they will not be allowed to bond out immediately. Under Florida law when arrested for a DUI the accused can bond out when their breath alcohol content is below .05%, their normal faculties are no longer impaired or 8 hours has passed. Typically the jail will hold the accused for 8 hours after arrest.  Once the hold is lifted the accused will be eligible to bond out of jail. The defendant can post a cash bond or use a bail bondsman. A cash bond requires someone to post the entire bond amount. The cash bond can be applied to fines and court cost at the end of the case. The other option is to hire a bail bondsman. A bail bondsman will charge 10% of the bond or $100 per charge whichever is greater. The bondsman fee is not refundable.

After the accused is bonded out in a DUI case they will have to go to the Bureau of Administrative Reviews within 10 days or their license will be suspended. As of 5/2013 first time DUI defendants have two options at the Bureau of Administrative Reviews. They can waive their right to a formal review and immediately receive a restricted driver’s license if the driver has no prior DUI or DUI related offenses and is in compliance with the Florida Real ID Act upon payment of an additional $25 fee. If the defendant can beat the administrative suspension the restricted license could be avoided but this would typically be a substantial risk to take so early in the case.

After the administrative process is dealt with the defendant will have an arraignment. The arraignment is the initial court date after release from jail. The arraignment is separate from the administrative hearing. If a Daytona Beach DUI attorney is retained the arraignment can be waived. Resolving the case at arraignment is not a good idea because the state has reviewed the evidence but usually the defendant has not. Making a decision to resolve a case without thoroughly reviewing the evidence is reckless at best. If a not guilty plea is entered the case will be set for a pre-trial conference. The pre-trial conference is when the posture of the case is set. The case can be set for motions, set for trial, set for a plea, a plea can be entered or a continuance can be requested. If a plea is entered the case will be closed. If a motion is argued it could suppress evidence or get the case thrown out if granted. If the case is set for trial the next court date will be jury selection or docket review depending on the judge.
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