Daytona Beach DUI Attorney

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Being arrested for a DUI can be a very stressful experience, and you will face immediate consequences. The officer who arrested you will typically seize your driver's license. You will only have 10 days to apply for a formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) so that you can challenge the automatic suspension of your driving privileges.

If you refused to provide a breath, blood, or urine test, your license will be suspended for 12 months. A Daytona Beach DUI attorney should be retained immediately upon being arrested for a DUI.

It is important to understand that the DHSMV can take away your right to drive even if the charges against you for a DUI are dismissed or reduced in criminal court. Filing for a hearing with DHSMV can prevent this from occurring if you request the hearing within 10 days of your arrest. 

Why Choose Our Daytona Beach DUI Attorneys?

Choose our highly experienced team to represent you.

• Over 40 years of combined experience
• Former prosecutor launching your aggressive defense
• Trial-tested representation and compassionate counsel
• Voted winner of 2015 Avvo Clients' Choice Award

Call (888) 785-6548 or go online to request your case review with our Daytona Beach DUI attorneys!

Understanding Florida DUI Laws in Daytona Beach

Florida's DUI laws are stringent, reflecting the state's commitment to keeping roads safe. In Florida, the legal blood alcohol concentration (BAC) limit is 0.08% for drivers over 21, but even a lower BAC can result in DUI charges if driving ability is impaired. For commercial drivers, the limit drops to 0.04%, while drivers under 21 adhere to a zero-tolerance policy, meaning any detectable amount is a violation.

As your DUI lawyer in Daytona Beach, our firm distinguishes between several types of DUI charges, each carrying different weights:

• Standard DUI: A first-time offense with a BAL below .15.
• Aggravated DUI: This occurs if your BAL is .15 or higher or if there was a minor in the vehicle. These charges carry enhanced mandatory penalties.
• DUI with Property Damage: If an accident occurred involving property or another person's vehicle, the charge is elevated to a first-degree misdemeanor.
• Felony DUI: A third DUI within 10 years, or any fourth or subsequent DUI, is prosecuted as a third-degree felony in Florida, carrying up to five years in state prison.

Penalties for DUI Convictions in Florida

The penalties for a DUI conviction depend on factors such as prior offenses, BAC levels, and whether the incident resulted in property damage, injury, or death.

• First DUI Offense – Fines ranging from $500 to $1,000, license suspension up to one year, possible jail time up to six months, and mandatory DUI school.
• Second DUI Offense – Fines between $1,000 and $2,000, a minimum 10-day jail sentence (up to nine months), ignition interlock device installation, and a longer license suspension.
• Third DUI Offense – Classified as a felony if within ten years of the prior offense. Penalties include a minimum 30-day jail sentence, fines up to $5,000, and a 10-year license revocation.
• DUI with Property Damage or Injury – A first-degree misdemeanor punishable by up to one year in jail and fines up to $1,000.
• DUI Manslaughter – A second-degree felony with penalties including a mandatory four-year prison sentence and fines up to $10,000.

Additionally, you may face probation, license suspension, and a requirement to attend DUI school. Penalties increase significantly for repeat offenders or if the offense is coupled with factors like child endangerment or high BAC levels. At Buckmaster & Ellzey, we provide the knowledgeable guidance necessary to navigate these complex laws and mitigate potential consequences.

Judges in the Volusia County Courthouse and other courts in the 7th Judicial Circuit have limited discretion, but there is still room for a DUI defense lawyer to address issues such as treatment needs, employment status, and family responsibilities when arguing for a fair outcome.

Driver's License Suspension Consequences in Daytona Beach, Deland & West Volusia

Besides having your driver's license suspended if you are convicted of a DUI, your insurance company will more than likely increase your rates and possibly cancel your policy at the end of its term. You will need insurance to be able to lift the suspension on your license. Our state's DUI penalties are harsh.

In addition to these legal consequences, a DUI conviction could impact your personal and professional life significantly. It may limit employment opportunities, especially in positions requiring a clean driving record. Housing applications might become more challenging, as some landlords consider these records. Therefore, it's crucial to address DUI charges swiftly and wisely with experienced legal guidance.

For all of these reasons, we strongly urge you to act quickly in fighting for your defense. At Buckmaster & Ellzey, we have seen cases where breath test machines were faulty or the tests were not administered correctly. Traffic stops may have been conducted unlawfully, and field sobriety tests may have been incorrectly executed. We review every criminal defense case thoroughly and form tough defense strategies throughout the DUI process with the goal of having the charges against you reduced or dismissed.

The Florida Criminal Defense Process for DUI Charges

The DUI process in Volusia County moves on two parallel tracks: the administrative (BMV) track and the criminal (Court) track.

1. The 10-Day Rule: From the moment of your arrest, you have only 10 days to challenge the administrative suspension of your license. This is handled by the Department of Highway Safety and Motor Vehicles (DHSMV). If you do not request a formal review hearing within this window, your license will be automatically suspended for at least six months (or one year for a refusal). Our firm prioritizes this hearing to fight for your ability to continue driving to work or school.
2. Arraignment and Discovery: The criminal case begins at the S. James Foxman Justice Center in Daytona Beach. We enter a "not guilty" plea and begin the "discovery" phase. This is where we demand the state's evidence, including body-worn camera footage, dashcam video, and the Intoxilyzer 8000 maintenance logs.
3. Pre-Trial Motions: This is the most critical stage for a DUI lawyer in Daytona Beach. We file motions to suppress evidence if the officer lacked "reasonable suspicion" to pull you over or if the "implied consent" warnings were improperly read. If the initial stop was illegal, all evidence gathered afterward—including breath tests—can be thrown out.
4. Trial or Plea Negotiation: Using our former prosecutor experience, we negotiate with the State Attorney’s Office. In some cases, we can secure a "reckless driving" reduction (a "wet reckless"), which avoids a DUI conviction on your record. If a fair deal isn't available, we are prepared to take your case to a jury.

Plea Bargains and DUI Diversion Programs

For first-time offenders, Florida offers alternatives to traditional sentencing through DUI diversion programs. Eligibility depends on factors such as BAC levels and whether the incident involved an accident or injuries. Benefits of diversion programs include:

• Reduced charges – Some DUI charges may be reduced to reckless driving, which carries less severe penalties.
• Avoiding jail time – Participation in alcohol education and treatment programs may replace incarceration.
• Record Sealing Possibilities – Successfully completing a diversion program may allow for record sealing, preventing long-term damage to future employment and personal opportunities.

A Daytona Beach DUI attorney negotiates plea agreements and explores alternative sentencing options that align with the client’s best interests.

Our DUI Defense Process in Florida

Being charged with a DUI can be a daunting and overwhelming experience. Our Daytona Beach DUI attorneys are here to guide you through the entire defense process, from the initial arrest to the resolution of your case. We will explain the legal proceedings, potential consequences, and available defense strategies to help you make informed decisions every step of the way.

Key aspects of the DUI defense process include:

• Reviewing the evidence and police reports
• Evaluating field sobriety and breathalyzer tests
• Negotiating plea bargains or alternative sentencing
• Representing you in court hearings and trials
• Helping you navigate driver's license suspension hearings

At Buckmaster & Ellzey, our firm uses a multi-layered defense strategy tailored to the specific facts of your arrest:

• Challenging the Traffic Stop: We analyze the officer's justification for the stop. If they pulled you over for a "hunch" rather than a clear traffic violation, we move to dismiss the case.
• Deconstructing Field Sobriety Exercises: FSEs are designed for you to fail. We highlight how factors like physical injury, age, obesity, or even the type of shoes you were wearing impacted your balance and coordination.
• Attacking Breathalyzer Accuracy: The Intoxilyzer 8000 used in Volusia County must be calibrated and maintained according to strict Florida Department of Law Enforcement (FDLE) standards. We examine the "breath house" records for any mechanical anomalies or failures to follow the mandatory 20-minute observation period.
• Rising Blood Alcohol Defense: Alcohol takes time to absorb. We can often argue that your BAL was below the legal limit while you were actually driving but rose to an illegal level by the time you were tested at the station.

With our experienced DUI defense team on your side, you can trust that your case will be handled with care and expertise.

Call A Local DUI Attorney in Daytona Beach to Build Your Defense

Working with a local DUI attorney in Daytona Beach allows your defense to reflect the practices of judges and prosecutors in Volusia County and the Seventh Judicial Circuit of Florida. By analyzing the stop, arrest, and applicable procedures, gathering supporting records, and filing targeted motions, we tailor a strategy designed to pursue realistic challenges and negotiated resolutions aligned with your goals.

Contact a Daytona Beach DUI lawyer online or call (888) 785-6548 to fight your DUI and protect your license!

Frequently Asked Questions About DUI Defense in Daytona Beach

What are the Immediate Steps to Take After a DUI Arrest in Daytona Beach?

Following a DUI arrest in Daytona Beach, it's vital to act swiftly to protect your rights and driving privileges. First, comply respectfully with law enforcement and avoid self-incrimination. As soon as possible, contact a DUI attorney to guide you through the next steps, including filing for a DHSMV hearing within ten days to challenge any license suspension. Continuing open communication with your attorney ensures you can develop a well-informed defense strategy.

How Does a DUI Affect My Insurance in Florida?

A DUI conviction can significantly impact your auto insurance rates, often categorizing you as a high-risk driver. This might cause premiums to rise dramatically or, in some cases, lead to policy cancellation. In Florida, to reinstate a suspended license after a DUI, drivers are typically required to obtain increased insurance coverage or an FR-44 form, further raising costs. Being proactive in addressing these issues with your insurance provider and legal counsel is crucial.

Can I Refuse a Breathalyzer Test in Daytona Beach?

Under Florida's implied consent law, motorists automatically consent to blood, breath, or urine testing during a DUI stop. Refusal leads to automatic license suspension—one year for first refusals and 18 months for subsequent refusals—and can be used as evidence against you in court. Consulting with a DUI attorney is essential to understanding the full implications of refusal and to managing your legal strategy effectively.

Are There Alternative Sentences for a DUI Conviction in Daytona Beach?

Yes, there are options available that might reduce the impact of a DUI conviction. Alternative sentencing might include probation, community service, or attendance in alcohol education programs. These alternatives can often be negotiated by your attorney, especially if they can demonstrate mitigating factors or first-time offender status. Understanding these options can help tailor a defense strategy that best suits your personal situation and future goals.

What Makes Buckmaster & Ellzey Best for My DUI Defense?

What sets Buckmaster & Ellzey apart is our comprehensive understanding of Daytona Beach's legal landscape and DUI trends. With over 40 years of combined experience, our team brings a unique advantage from a former prosecutor's perspective—critical for anticipating prosecutorial tactics and developing robust defenses. Our continuous commitment to personalized, compassionate representation ensures each client feels confident and supported throughout the process.

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