DUI Attorney in Port Orange

Facing a DUI Charge in Port Orange? We Can Help.

If you have been arrested for DUI in Port Orange, you are likely feeling anxious, uncertain about what comes next, and worried about how a criminal charge could affect your life. The possibility of losing your license, making court appearances at the S. James Foxman Justice Center, and dealing with the legal process can feel overwhelming. 

You are not alone, and you do not need to face this challenge by yourself. At Buckmaster & Ellzey, our attorneys understand the pressure and confusion you may be experiencing right now. We have assisted many individuals throughout Port Orange and Volusia County as they work through the criminal justice system after a DUI arrest.

Our team brings together over forty years of criminal defense experience. One of our founding attorneys has served as both an Assistant State Attorney and an Assistant Public Defender in Florida's Seventh Judicial Circuit. This gives us practical insight into how DUI cases are prosecuted locally, and helps us build a defense informed by what matters most in Volusia County courts.

Buckmaster & Ellzey offers the power of 40+ years of collective experience. Call (888) 785-6548 or fill out our online form to start your defense with a dedicated DUI attorney in Port Orange.

Understanding DUI Laws in Florida

In Florida, "Driving Under the Influence" is governed by Florida Statute § 316.193. A person is guilty of DUI if they are driving or in actual physical control of a vehicle and are "under the influence" of alcoholic beverages or any chemical or controlled substance to the extent that their normal faculties are impaired.

As your Port Orange DUI defense lawyer, we must navigate the different ways the State can charge this offense:

• DUI Per Se: This is based on chemical test results. If your Blood Alcohol Concentration (BAC) or Breath Alcohol Level (BrAC) is 0.08 or higher, you are legally presumed impaired, regardless of how "sober" you appeared to the officer.
• Impairment DUI: You can be charged even if you refuse a breath test or blow below a 0.08 if the officer observes signs of impairment, such as slurred speech, poor performance on field sobriety exercises, or erratic driving.
• DUI with Drugs: Florida law treats impairment from prescription medications or illicit drugs the same as alcohol. However, since there is no "legal limit" for drugs, these cases rely heavily on the subjective observations of a Drug Recognition Expert (DRE).
• DUI Manslaughter & Serious Bodily Injury: If a DUI results in the death or serious injury of another, the charge is elevated to a high-level felony. Under the newly enacted Trenton’s Law (2025), repeat offenders in this category face doubled maximum prison sentences of up to 30 years.

Penalties and Collateral Consequences of DUI in Florida

The penalties for DUI in Florida are mandatory and grow increasingly severe with each subsequent offense or if aggravating factors are present.

• First Conviction: Up to 6 months in jail, fines between $500 and $1,000, and a license revocation of 180 days to one year. If your BAC was 0.15 or higher, or a minor was in the car, jail time increases to 9 months and fines double.
• Second Conviction (Within 5 Years): Mandatory minimum of 10 days in jail, a 5-year license revocation, and a mandatory Ignition Interlock Device (IID) for at least one year.
• Third Conviction (Within 10 Years): This is a Third-Degree Felony, carrying a mandatory minimum of 30 days in jail and up to 5 years in prison, along with a 10-year license revocation.
• Trenton’s Law (2025) and Refusal: As of October 2025, even a first-time refusal to submit to a lawful breath, urine, or blood test is now a second-degree misdemeanor criminal offense, punishable by jail time.

Collateral Consequences:

• FR-44 Insurance: You will be required to carry high-limit "DUI insurance," which often costs thousands of dollars more per year than standard coverage.
• Permanent Record: A DUI conviction in Florida can never be sealed or expunged. It remains on your record forever.
• Employment: Many employers in Port Orange and the surrounding areas will not hire individuals with a DUI, especially for jobs involving driving or professional licensing.

The Port Orange Criminal Defense Process for DUI Charges

Navigating the legal system in Volusia County requires a strategic, two-pronged approach.

• The 10-Day Rule (The DMV Battle): From the moment of your arrest, you have only 10 days to take action regarding your driver's license. Our firm can help you request a Formal Review Hearing to challenge the administrative suspension or assist you in waiving the hearing to secure an immediate "hardship" license for business purposes.
• Arraignment: This is your first formal court appearance where you enter a plea. We typically enter a "not guilty" plea and demand "discovery"—the State's evidence against you.
• Discovery and Investigation: We obtain the police reports, bodycam footage, and dashcam video. As former prosecutors, we know exactly what to look for in the officer’s notes that might contradict the video evidence.
• Pre-Trial Motions: If your rights were violated, we file motions to suppress evidence. If successful, the State may be forced to drop the charges because they lack the evidence to proceed.
• Plea Negotiations or Trial: We leverage our 40+ years of collective experience to negotiate for a reduction to "Reckless Driving" whenever possible. If the State is unreasonable, we are seasoned trial litigators ready to fight for an acquittal.

Our Comprehensive Approach to DUI Defense: How We Fight for Your Rights

At Buckmaster & Ellzey, we start by evaluating all the evidence in your case. We review how the traffic stop occurred, whether procedures for field sobriety and breath tests were properly followed, and if your rights were respected. 

Our team's experience as a former Assistant State Attorney means we understand how prosecutors in Volusia County build their cases and what weaknesses to look for.

Our attorneys create a custom plan for each client. That plan could include reviewing dashcam videos, requesting testing records, and consulting with outside experts when helpful. 

We identify potential flaws in the prosecution’s evidence, negotiate with local prosecutors, and present your best defense in court. Throughout this process, we keep you informed and involved so you always know where your case stands.

At Buckmaster & Ellzey, we provide a personalized and aggressive defense. We don't just look at the "number" on a breathalyzer; we look at the whole picture.

• Challenging Field Sobriety Exercises: These "tests" are designed for you to fail. We use our knowledge of NHTSA standards to show how environmental factors (like wind, uneven pavement, or passing traffic on I-95) and physical conditions (like old knee injuries or inner ear issues) caused you to perform poorly.
• Rising Blood Alcohol Defense: Alcohol takes time to absorb into the system. If you were tested an hour after being pulled over, your BAC at the time of the test may be higher than it was at the time of driving.
• Independent Expert Review: We work with toxicologists and medical experts to explain how certain medical conditions or medications can lead to false positives on breath or blood tests.

Why Choose Buckmaster & Ellzey for DUI Defense

Choosing your legal counsel after a DUI arrest in Port Orange is a crucial decision. The actions you take now can influence your future, from your driving privileges to your employment. 

At Buckmaster & Ellzey, we offer over forty years of combined criminal defense experience, serving clients in Port Orange and throughout Volusia County.

Our attorneys have backgrounds as a former Assistant State Attorney and an Assistant Public Defender for the Seventh Judicial Circuit. This experience lets us anticipate prosecutorial strategies and build a defense that addresses your unique needs. 

We have earned recognition in the community, including the Top Lawyer in Criminal Defense distinction from the Daytona Beach News-Journal, a 10.0 Avvo rating, and peer-reviewed acknowledgment from Martindale-Hubbell.

We stand out for our commitment to careful, client-focused representation. No two DUI cases are the same, so we listen to your story, analyze every detail, and develop a strategy tailored specifically for you. Our mission is to protect your rights, lessen the impact of the charges, and support you at every stage of your defense.

Contact Our DUI Defense Team in Port Orange

When you are facing a DUI in Port Orange, take control of your future by connecting with an experienced defense team. We can give you guidance, clarity, and a plan for your next steps. Our attorneys are available to review your case, explain your rights, and build a defense strategy focused on your best interests in Volusia County courts.

For confidential support and to schedule your consultation, call (888) 785-6548.

Frequently Asked Questions

What should I do right after a DUI arrest in Port Orange?

Your first step should be to seek legal advice from a defense attorney with experience in Volusia County. Key deadlines move fast—especially for challenging your license suspension. Write down everything you remember from the stop, including what was said and done. Do not discuss the details of your arrest with anyone except your attorney. Our team can step in quickly, clarify your options, and help you avoid mistakes that could hurt your defense.

How can your background as a former State Attorney help my case?

Our background as a former Assistant State Attorney means we know how prosecutors think and what evidence they rely on. This helps our team build a defense plan that anticipates their arguments and identifies areas where they may make mistakes. With this insight, we can challenge evidence more effectively and negotiate from a position of strength for our clients in Port Orange DUI cases.

Will I lose my driver’s license after a DUI in Port Orange?

It is possible your license will be suspended after a DUI arrest. Whether you lose your license depends on factors like your driving history and blood alcohol content, and whether you act quickly to request a hearing. In Florida, you generally have 10 days from arrest to seek a DHSMV review hearing. We help clients in Port Orange navigate this process and explore every option to keep them driving legally whenever possible.

Can you help if this is not my first DUI?

Yes. We represent many clients in Port Orange who are facing repeat DUI charges. These cases come with higher stakes and more serious potential penalties. Our approach includes analyzing prior offenses, seeking any alternatives that may be available, and preparing for the challenges that multiple DUIs can create. We support every client without judgment and strive to find the best available outcome for their situation.

How will I stay updated about my case?

We believe clear, regular communication is vital. When you hire Buckmaster & Ellzey, you can expect direct contact with your attorney, regular updates, and fast answers to your questions. Our team commits to transparency at every step, so you never feel left out or in the dark about your defense.

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