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DUI Defense

DUI Attorney in Deltona, FL

7th Judicial Circuit Defense for Volusia County DUI Charges

When a DUI arrest happens in Deltona, the case moves through the 7th Judicial Circuit of Florida, where prosecutors know the system inside and out. At Buckmaster & Ellzey, we know that system too. Jeremy Buckmaster served as a former Assistant State Attorney in the 7th Judicial Circuit, and Brian Cantrell served as a former Assistant Public Defender in the same circuit from 2010 to 2016. That two-sided courtroom experience, in the very courts where your case will be heard, informs how we build every defense.

We carry over four decades of combined legal experience and represent Deltona clients facing the full range of DUI charges. A DUI arrest can mean potential jail time, fines, license suspension, and a permanent criminal record. Reaching out to a DUI attorney in Deltona early gives us more room to work.

Don’t wait to get representation in place. Call Buckmaster & Ellzey at (888) 785-6548 to discuss your case today.

What Florida Law Says About DUI

Under Florida Statute 316.193, it’s unlawful to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Commercial drivers face a lower threshold of 0.04%, and drivers under 21 are subject to a zero-tolerance policy at 0.02% or higher. Florida law also allows a DUI charge based on physical control of a vehicle, meaning you don’t have to be actively driving when an officer arrives.

A first-offense DUI conviction can result in up to six months in jail, fines between $500 and $1,000, mandatory DUI school, community service, and a license suspension of 180 days to one year. A BAC of 0.15% or higher, a minor in the vehicle, or an accident causing serious injury can increase those penalties significantly. Repeat offenses escalate further, and a third DUI within 10 years or a fourth DUI at any time may be charged as a felony.

Why the Arrest Isn’t the End of the Case

A DUI charge isn’t an automatic conviction. The state has to prove its case, and there are meaningful points in the process where that case can be challenged. Did the officer have probable cause for the initial traffic stop? Were field sobriety tests conducted according to standardized procedures? Was the breathalyzer properly calibrated, or were there conditions that could affect the reading? Florida’s implied consent law requires drivers to submit to breathalyzer testing, but field sobriety tests may be declined, and refusal carries its own legal consequences we can address. Pre-trial motions to suppress evidence, challenges to the legality of the stop, and questions about how implied consent procedures were followed can all shape the direction of a case.

Jeremy Buckmaster’s background as a former Assistant State Attorney gives us direct knowledge of the prosecutorial strategies used in Volusia County DUI cases. Brian Cantrell’s years as a former Assistant Public Defender in the 7th Judicial Circuit mean we’ve defended these charges in the same courtrooms where Deltona cases are resolved. That perspective from both sides of the process is what we bring to every case.

DUI Charges We Handle for Deltona Clients

We represent Deltona clients at every level of DUI charge severity. First-offense misdemeanor DUI is the most common, but the facts of a case can change what the state charges and how aggressively it pursues the case. Our background across both prosecution and public defense gives us perspective on how case factors like BAC level, prior record, accidents, and the presence of passengers affect the state’s approach.

  • First-Offense Misdemeanor DUI: Typically the starting point, but still carries lasting consequences that a defense attorney can work to address.
  • High-BAC & Aggravated DUI: A BAC of 0.15% or higher or a minor in the vehicle triggers enhanced penalties under Florida law.
  • Felony DUI: DUI with serious bodily injury is a third-degree felony; DUI manslaughter is a second-degree felony. These cases demand aggressive, thorough defense.
  • Repeat-Offense DUI: Each prior conviction narrows options and increases consequences, making a sound defense strategy more critical.
  • CDL Holders: Commercial drivers face stricter BAC standards and career-threatening consequences from any DUI conviction.

Deltona residents who qualify may also have access to the Volusia County DUI Court, which has operated since 2012 using a treatment and supervision model as an alternative resolution path for eligible cases.

How DUI Cases Move Through Volusia County Courts

Deltona DUI cases are processed at the Volusia County Courthouse in DeLand and the S. James Foxman Justice Center in Daytona Beach, both within the 7th Judicial Circuit where our attorneys built their careers. After a DUI arrest, Florida law gives drivers just 10 calendar days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge automatic license suspension. Missing that window can result in the suspension taking effect. Confirm the current timeline directly with our team, as statutory deadlines can change. From arrest and booking through arraignment, pre-trial motions, and possible plea negotiations, early legal intervention preserves options as the case moves forward.

Credentials Behind Our DUI Defense Practice

Jeremy Buckmaster was named a 2016 Top Lawyer in Criminal Defense by the Daytona Beach News-Journal and holds a Peer-Reviewed Martindale-Hubbell rating. David Ellzey carries a 10.0 Avvo rating and a Peer-Reviewed 5.0 out of 5.0 Martindale-Hubbell rating. Both are members of the Florida Association of Criminal Defense Lawyers.

Those credentials reflect a firm built on substantive courtroom work. Clients at Buckmaster & Ellzey receive representation tailored to the specific facts of their case, with clear communication at every stage.

What to Expect When You Work with Us

When you bring your DUI case to Buckmaster & Ellzey, we start by examining the full record: the police report, any dashcam or bodycam footage, breathalyzer calibration records, and field sobriety test documentation. From there, we build a defense strategy around the actual facts of your case rather than a standard playbook. You can expect responsive communication and straightforward answers throughout. We represent clients throughout Deltona and the surrounding Volusia County area.

Facing a DUI Charge in Deltona? Contact Us Today

A DUI charge is serious, but you have options. The sooner a drunk driving attorney is reviewing your case, the more of those options may stay available. Buckmaster & Ellzey represents Deltona clients facing DUI charges with personalized, zealous advocacy grounded in real 7th Judicial Circuit experience.

Call us at (888) 785-6548 or reach out through our website to schedule a consultation. We’re ready to review your case.

Why Choose Buckmaster & Ellzey?

  • Client-Focused Representation
  • A Team of Compassionate Advocates on Your Side
  • Former State Prosecutor
  • 40+ Years of Collective Experience
  • Dedicated Attorneys