Serving Daytona Beach, FL Since 0
First Offense DUI Attorney in Daytona Beach
Arrested For Your First DUI & Unsure What To Do Next? Contact Us
A first DUI arrest can turn your life upside down in a single night. You may be worried about your driver’s license, your job, and what a criminal record might mean for your future. If this is the first time you have ever been involved with the criminal justice system, the process can feel confusing and overwhelming.
At Buckmaster & Ellzey, we focus on guiding people through first offense DUI charges so they do not have to face this situation alone. Our criminal defense attorneys draw on more than four decades of combined experience in Florida courts to help clients understand their options and protect what matters most to them.
We take time to listen, explain each step, and work to build a strategy that fits the facts of your case and your goals. The best way to get answers about your specific situation is to speak with our attorneys directly.
If you’ve been arrested for a first-offense DUI in Volusia County, your future is too important to leave to chance. Speak with a Daytona Beach first offense DUI lawyer who knows how to fight for a dismissal. Call Buckmaster & Ellzey at (888) 785-6548 or contact us online to schedule your free case evaluation.
The Immediate Crisis: The 10-Day Rule in Florida
The moment you are arrested for a DUI in Daytona Beach, two separate clocks start ticking: the criminal case and the administrative suspension of your driver’s license. Under Florida’s "implied consent" laws, the DHSMV will automatically suspend your license if you blew a .08 or higher or if you refused the breath test.
- You only have 10 days from the date of your arrest to challenge this suspension. Our firm acts quickly to help you navigate your options during this window:
- Formal Review Hearing: We can challenge the suspension to try and get your full driving privileges reinstated immediately.
- Hardship Waiver: For many first-time offenders, we can waive the hearing to secure an immediate "Business Purpose Only" license, ensuring you can still drive to work, school, and medical appointments without a "hard suspension" period.
First Offense DUI Penalties in Florida
Florida Statutes § 316.193 dictates the mandatory minimums for a first conviction. Without an aggressive Daytona Beach first offense DUI lawyer, you could be facing:
- Fines: Between $500 and $1,000 (doubled if your BAC was .15 or higher or a minor was in the car).
- Probation: Up to 12 months of supervised probation.
- Community Service: A mandatory 50 hours.
- Jail Time: Up to 6 months (or 9 months for enhanced BAC/minors).
- License Revocation: A minimum of 180 days up to one year.
- Vehicle Impoundment: A mandatory 10-day "lockup" of your vehicle.
- DUI School: Mandatory completion of a Level I DUI course and any recommended treatment.
There are also collateral consequences that do not appear in the statute but matter in everyday life. A DUI on your record can affect background checks for jobs, housing applications, and some professional licenses.
For members of the military, certain professions, or those with security clearances, a DUI can trigger separate administrative reviews. When we evaluate a case, we look not only at the potential court sentence but also at how different outcomes could affect your broader plans.
Potential Enhancements: When the Stakes Get Higher
Not all first offenses are treated equally. Certain factors can "enhance" the penalties to much higher tiers:
- BAC of .15 or Higher: Triggers higher fines and the mandatory installation of an Ignition Interlock Device (IID) for at least six months.
- Accidents Involving Property Damage: Elevates the case and increases the potential for restitution payments.
- Minor in the Vehicle: Results in higher fines and increased maximum jail time.
Why Work With Our DUI Defense Team On A First Offense
Choosing the right lawyer after a first DUI arrest is a critical decision. You need a defense team that understands Florida DUI law, is familiar with local prosecutors, and takes your concerns seriously. At Buckmaster & Ellzey, our attorneys bring experience from both prosecution and defense roles, along with years of courtroom practice handling DUI cases in the same jurisdictions where your case may be heard.
Our team offers more than 42 of combined Florida legal experience. Jeremy Buckmaster, licensed since 2002, previously served as an Assistant State Attorney in the 7th Judicial Circuit, prosecuting criminal cases including DUIs. Attorneys Brian Cantrell and David Elizey spent years as Assistant Public Defenders, giving the firm extensive insight into how judges and prosecutors evaluate first offense DUI cases.
In addition to experience and professional recognition, our firm emphasizes personalized representation. We take time to understand how a first DUI charge affects your work, family, and future goals. Using that information alongside the facts of your case, we focus on developing a defense strategy tailored to your specific circumstances and priorities.
Protect your record and your license with a proven defense team. Call (888) 785-6548 or contact us online for a free consultation. We are ready to put our experience as former prosecutors to work for you.
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I have nothing but good things to say about Mr. Buckmaster and his paralegal Laney. They were able to help me during one of my hardest moments, and I feel blessed to have found this law firm. I was able to meet with him the same day that I called, and they- Melanie P.
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He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.- Joe J.
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Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.- Jouban D.
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Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.- Christine T.
What Happens After A First DUI Arrest In Florida
After a first DUI arrest in Florida, you typically face two parallel processes that move forward at the same time: a criminal case in court and an administrative matter involving your driver’s license. Each process has its own rules, timelines, and potential consequences. Understanding how these tracks work together can help you better navigate what happens next and avoid missing important deadlines.
- Issuance of paperwork and temporary driving privileges: After arrest, you usually receive a citation and documents outlining your court date and any administrative license suspension. In many cases, the citation serves as a temporary driving permit for a limited time, depending on test results or refusal.
- Criminal court process: The court case generally begins with an arraignment in the appropriate Volusia County courthouse, where the charge is addressed and a plea is entered. Many first offense cases allow an attorney to appear on your behalf, followed by pretrial hearings and negotiations.
- Administrative license suspension: Separately, the Florida Department of Highway Safety and Motor Vehicles may impose a license suspension. Strict, short deadlines apply to request a formal review hearing or seek hardship license options.
- Case progression and communication: Timelines vary based on court schedules, evidence, and prosecutorial approach. Throughout the process, decisions can affect both your criminal case and your driving privileges.
How A First Offense DUI Lawyer Daytona Beach Can Protect Your Options
Facing a first DUI can leave you questioning whether a lawyer will truly help. While no attorney can guarantee results, effective representation can influence how evidence is reviewed, legal issues are identified, and options are evaluated. A first offense DUI lawyer in Daytona Beach focuses on protecting your rights and guiding decisions that may affect both the short- and long-term outcome.
Our attorneys closely examine the stop and arrest, including the reason for the traffic stop, field sobriety testing, chemical testing procedures, and whether your rights were respected. Potential legal or evidentiary issues may arise from how tests were conducted or evidence was gathered. When appropriate, these issues can be raised through motions or discussions with the prosecutor.
Beyond the evidence, we consider your background, responsibilities, and any personal or medical factors relevant to the case. With insight from prior prosecutorial experience, we help explain available options, keep you informed throughout the process, and ensure you understand each decision. Our goal is to carefully protect your options at every stage of the case.
Talk With Our DUI Defense Team About Your First Charge
If you are facing a first DUI charge, you do not have to navigate the process alone. A conversation with our attorneys can help you understand the charges, the possible penalties, and the steps you can take now to protect your license, your record, and your future. We take time to listen to your concerns and explain how Florida law and local procedures may apply to your situation.
To talk with our DUI defense team about your first offense case, call (888) 785-6548 or reach out online.
Cases We Handle
Why Hire B&E?
Here Are Five Reasons
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Client-Focused Representation
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A Team of Compassionate Advocates on Your Side
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Former State Prosecutor
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40+ Years of Collective Experience
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Dedicated Attorneys