The DUI Process in Daytona Beach

What Happens Immediately After a DUI Arrest?

If you are arrested for DUI in Daytona Beach, your case begins right away—both in the criminal courts and with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Many people do not realize that a DUI arrest triggers two completely separate proceedings:

1. The Criminal Case: handled in court.
2. The Administrative License Suspension: handled by the FLHSMV.

These two processes move forward independently. Even if your criminal charge is reduced or dismissed, your driver’s license can still remain suspended if you fail to properly address the administrative case.

We at 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.

Have questions about the DUI process? Contact a Daytona Beach DUI attorney  or give us a call for help.

The 10-Day Rule: Protecting Your Driver’s License

One of the most critical deadlines in a Daytona Beach DUI case is the 10-day rule.

If you:

• Blew a .08% BAC or higher, or
• Refused to submit to a breath, urine, or blood test

Your driver’s license is automatically suspended.

The arresting officer will confiscate your physical license and issue a citation that serves as a 10-day temporary driving permit.

Within those 10 calendar days, you must choose one of two options:

Option 1: Request a Formal Review Hearing

This allows you to challenge the suspension. If requested in time, you may receive a 42-day temporary permit while waiting for your hearing. At the hearing, your attorney can challenge:

• Whether the officer had probable cause to stop you
• Whether the arrest was lawful
• Whether breath testing procedures were properly followed
• Whether implied consent warnings were correctly given

If you win, your suspension may be invalidated.

Option 2: Waive the Hearing & Seek a Hardship License

First-time offenders may waive the hearing and apply for a Business Purposes Only (BPO) hardship license. This requires:

• Enrollment in DUI school
• Payment of administrative fees
• Serving a “hard suspension” period (30 days for BAC over .08; 90 days for refusal)

Failing to act within 10 days means your suspension automatically goes into effect for:

• 6 months (first offense BAC over .08)
• 12 months (first refusal)

This deadline is unforgiving. That is why securing legal representation immediately is critical.

What Happens in the Criminal DUI Case?

While the administrative case is unfolding, your criminal DUI case proceeds through the Volusia County court system.

1. Arrest and Booking: After a traffic stop and field sobriety exercises, you are taken to jail for booking, fingerprinting, and chemical testing. Florida law requires you to be held for at least eight hours, or until your BAC falls below .05% and you are no longer considered impaired.
2. First Appearance: Within 24 hours, you will appear before a judge who determines whether probable cause existed, what bond conditions apply, and whether additional restrictions (such as no alcohol use) are imposed.
3. Arraignment: At arraignment, you enter a plea: guilty, not guilty, or no contest. In most cases, your attorney can appear on your behalf.
4. Pre-Trial Discovery & Motions: This stage is often where strong DUI defense work happens. Evidence is exchanged, including, dashcam footage, body camera footage, breath test maintenance logs, and officer training records.
   Your attorney may file motions to suppress evidence if constitutional violations occurred—such as an unlawful stop or improper testing procedures.
5. Negotiations & Trial: Many DUI cases are resolved through negotiation. In some situations, charges may be reduced to reckless driving (“wet reckless”). If no resolution is reached, you have the right to a jury trial.

Why Acting Early Makes a Difference

The early stages of a DUI case often determine its outcome. Critical evidence—such as body camera footage or maintenance records—must be requested quickly. Witness memories fade. Surveillance footage can be erased. Administrative deadlines expire.

The first 10 days are not just about your license—they are about building leverage in your defense.

Why Work With Buckmaster & Ellzey?

When you are facing a DUI charge in Daytona Beach, this is not the time for guesswork or a one-size-fits-all defense. You need an attorney who understands how these cases are built, how they are prosecuted, and how they are won.

Former Prosecutor's Insight

At Buckmaster & Ellzey, our background includes experience as a former state prosecutor. That perspective gives us insight into how DUI cases are reviewed behind the scenes—what evidence prosecutors rely on, where they see vulnerabilities, and how judges in Volusia County typically approach sentencing. We understand how plea negotiations are evaluated and what can realistically persuade the State to reduce or dismiss a charge. That knowledge allows us to anticipate the prosecution’s strategy and respond with a defense designed to counter it effectively.

Aggressive Constitutional Defense

A DUI arrest does not automatically mean the case against you is solid. In many situations, the outcome turns on whether law enforcement followed proper procedures. We take a close look at the legality of the traffic stop, how field sobriety exercises were conducted, whether breath-testing equipment was properly maintained, and whether your constitutional rights were respected during the encounter. If there were errors, shortcuts, or violations, we work to bring those issues to light and use them to strengthen your defense.

Managing the 10-Day Deadline for You

The administrative side of a DUI can be just as overwhelming as the criminal case—especially with the strict 10-day deadline to protect your license. We guide our clients through this process from the very beginning, making sure the appropriate requests are filed on time and representing them at formal review hearings when necessary. If a hardship license is the best option, we help ensure the process is handled properly so you can restore at least limited driving privileges as quickly as possible.

Focused on Reducing the Long-Term Impact

Above all, our focus is on protecting your future. In some cases, that means aggressively pursuing a dismissal. In others, it means negotiating a reduction to a lesser charge or working to minimize penalties such as jail time, ignition interlock requirements, or lengthy license suspensions. Every client’s situation is different, and every defense strategy should reflect that. We take the time to understand your circumstances, your concerns, and your goals so we can build a defense that is tailored specifically to you—not just the charge on paper.

Daytona Beach DUI Attorney – Serving DeLand & West Volusia

At Buckmaster & Ellzey, we understand that a DUI arrest can feel overwhelming. You may feel like your license, your freedom, your job, and your reputation are all at risk. But being charged does not mean being convicted.

There are numerous defense strategies that could lead to dismissal, reduction, or acquittal from your charges. With experienced guidance, immediate action, and strategic defense, your situation may be far more defensible than you think.

You should not face the Daytona Beach DUI process alone.

Have questions about the DUI process or the 10-day deadline? Contact Buckmaster & Ellzey today at (888) 785-6548 to speak with a Daytona Beach DUI attorney and begin protecting your future.

Related Reading

• Driving After Two Drinks Is Fine, Right?
• 3 Common DUI Myths Debunked
• License Suspension after a DUI