Daytona Beach Juvenile DUI Attorney

Both Sides of the 7th Circuit Courtroom, Working for Your Child

Florida’s zero-tolerance law means a driver under 21 can face license suspension with a blood alcohol concentration as low as 0.02%, and a BAC at or above 0.08% triggers the same criminal DUI charges that apply to adults. At Buckmaster & Ellzey, we handle underage DUI cases in Daytona Beach and throughout Volusia County, bringing over four decades of combined criminal defense experience to each case.

A charge at this stage can affect college admissions, scholarships, employment background checks, and professional licensing years down the road. Acting quickly matters, and the 10-day window to request a DHSMV hearing makes that especially true.

Our Daytona Beach juvenile DUI attorneys are ready to protect your child’s rights and future. Call (888) 785-6548 now or contact us online to schedule a confidential consultation.

Understanding Florida’s Zero-Tolerance Law

Florida Statute Section 322.2616 prohibits drivers under 21 from operating a vehicle with a BAC of 0.02% or higher. That threshold is low enough that less than one standard drink can trigger it, depending on the individual’s weight and metabolism. Critically, this is an administrative violation, not a criminal offense, meaning the state can suspend driving privileges even if no criminal charges are filed.

The BAC tiers work as follows. A reading of 0.02% or higher triggers an administrative license suspension. If the reading reaches 0.05% or higher, the suspension stays in place until the driver completes a state-licensed substance abuse course. At 0.08% or higher, the driver faces the same criminal DUI charges under F.S. 316.193 that apply to adult drivers. Where a charge falls within these tiers shapes the entire defense approach.

For more on the administrative side of these cases, see our post on navigating Florida’s administrative DUI penalties.

Criminal Penalties for Underage DUI in Florida

When BAC reaches 0.08% or higher, the underage driver faces the full range of DUI criminal penalties that apply to adults. For a first offense, those penalties can include:

• Up to 6 months in jail
• Fines from $500 to $1,000
• License suspension for 6 to 12 months
• Mandatory DUI education programs
• Probation and community service
• Ignition interlock device installation in some cases

Our DUI process page outlines how a case moves through the court system from arrest to resolution.

Administrative License Suspension & the 10-Day Deadline

Separate from any criminal proceedings, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) imposes its own administrative suspension when an underage driver’s BAC is at or above 0.02%. A first offense carries a six-month suspension; a second offense carries one year. Refusing to submit to a breath test under Florida’s implied consent law results in a one-year suspension for a first refusal and 18 months for a subsequent refusal.

When the officer issues the suspension notice, DHSMV provides a 10-day temporary driving permit. The driver must request a formal review hearing within those 10 days. If no request is made, the suspension takes effect automatically. This deadline is not flexible.

The Collateral Consequences of a Juvenile DUI

The effects of a DUI arrest extend well beyond the courtroom. Even a charge that doesn’t result in a conviction can follow a young person in ways that affect major life decisions:

• College admissions: Many schools ask about criminal records on applications; even an arrest without a conviction may require disclosure.
• Scholarships and financial aid: Awards can be revoked following a DUI charge or conviction.
• Employment: Background checks are routine, and a DUI record can affect hiring decisions, particularly for positions that require a valid driver’s license.
• Driving access: A suspension disrupts transportation to school, work, and extracurricular activities.
• Insurance premiums: Rates rise sharply after a DUI; some carriers cancel policies entirely.
• Professional licensing: A permanent criminal record can affect future licensing in fields such as healthcare, law, and education.

Steps to Take After an Underage DUI Charge in Daytona Beach

The days immediately after a DUI stop are critical. Start by documenting everything you remember: the time and location of the stop, what the officer said, the sequence of events, and any instructions given. That record supports defense preparation. Then contact an underage DUI attorney in Daytona Beach as soon as possible. The 10-day DHSMV formal review hearing deadline begins running the day the suspension notice is issued, and missing it forfeits the opportunity to challenge the administrative suspension while the criminal case is still pending. We handle these DHSMV hearings for clients throughout Volusia County.

On the defense side, an attorney will examine several angles specific to the facts of the stop:

• Lawfulness of the traffic stop: If the officer lacked reasonable suspicion to initiate the stop, evidence gathered afterward, including breath test results, may be subject to suppression.
• BAC testing accuracy: In Volusia County cases, we examine whether the Intoxilyzer 8000 used in the stop was properly calibrated and maintained according to FDLE standards.
• Observation period compliance: Florida requires a mandatory 20-minute observation period before a breath test is administered; failure to follow that protocol can affect the result’s admissibility.
• Implied consent warnings: Whether the officer properly administered implied consent warnings is relevant to both the administrative and criminal proceedings.
• Diversion programs: For first-time offenders, participation in a DUI diversion program may be a viable resolution option depending on the circumstances.

Why Clients Choose Buckmaster & Ellzey for Underage DUI Defense

Our firm brings a perspective grounded in experience on both sides of the courtroom. Jeremy Buckmaster served as an Assistant State Attorney for the 7th Judicial Circuit, the same circuit that handles Volusia County DUI prosecutions. He knows how prosecutors at the Volusia County Courthouse evaluate evidence, build their cases, and decide when to negotiate. Brian Cantrell spent six years as an Assistant Public Defender in the same circuit, defending clients in those same courts from 2010 to 2016. That combination of prosecutorial and defense experience shapes how we analyze every underage DUI case from the start.

Recognition and Experience

Jeremy Buckmaster was named 2016 Top Lawyer in Criminal Defense by the Daytona Beach News-Journal and holds a peer-reviewed Martindale-Hubbell rating. David Ellzey holds a peer-reviewed 5.0 out of 5.0 Martindale-Hubbell rating. Both Jeremy Buckmaster and David Ellzey are members of the Florida Association of Criminal Defense Lawyers. Across our team, we bring over four decades of combined criminal defense experience to every case we take.

Every case gets an individualized strategy. We communicate clearly with both the minor and the family at each stage, so no one is left guessing about where things stand or what the options are.

Call us at (888) 785-6548 or schedule your consultation online to discuss your child’s situation and legal options.