Being arrested for driving under the influence (DUI) in Daytona Beach, Florida is a serious event that can threaten your license, career, and freedom. Florida’s DUI statutes are complex, penalties are harsh, and the collateral consequences can linger—impacting employment opportunities, insurance costs, professional licensing, travel, and more.
The good news: with an experienced defense team, it’s often possible to shrink the impact—sometimes to get charges reduced or dismissed. This page explains how Florida DUI law works, what to expect after a Volusia County arrest, and how the Daytona Beach DUI defense team at Turner O’Connor Kozlowski, PL (TOK Legal) protects your rights from day one.
If you or a loved one is facing a DUI, don’t go it alone. Understand your options and act quickly. Reach us through our contact page to schedule a confidential consultation with a Daytona Beach DUI lawyer—free consultation available.
Understanding DUI
In Florida, a DUI occurs when a person operates—or is in actual physical control of—a vehicle while (1) under the influence of alcohol, a controlled substance, or certain chemical substances to the extent that their normal faculties are impaired, or (2) having a breath or blood alcohol level of 0.08 or higher. See Fla. Stat. § 316.193.
Critically, an officer may arrest you even if your measured alcohol level is below 0.08 if they believe your normal faculties are impaired. And because the law covers “actual physical control,” a person can be prosecuted even when the car never moved (for example, sitting in the driver’s seat with the ability to start and operate the vehicle).
Impairment can be based on alcohol; controlled substances (including many prescription medications); or certain chemical substances. Unlike alcohol, there is no “per se” drug level that equals impairment. Prosecutors often rely on officer observations, field sobriety exercises, and urine/blood tests—each open to scientific and legal challenge.
DUI Law in Florida
Sentencing includes mandatory minimums and escalating maximums based on prior convictions, alcohol level (0.15+), the presence of a minor in the vehicle, and whether a crash caused property damage, injury, or death. Review the core statute at § 316.193 and see FLHSMV guidance on administrative suspensions.
First Offense
A first DUI (no enhancements) carries up to 6 months in jail, $500–$1,000 in fines, a 6–12 month license suspension, DUI school, probationary conditions, and vehicle impoundment/immobilization. If BAC is 0.15+ or a minor was in the vehicle, the maximum jail exposure increases (e.g., up to 9 months) along with higher fines, and ignition interlock may be ordered. See FLHSMV’s licensed DUI programs.
Second Offense
A second DUI within five years triggers at least 10 days in jail, a 5-year revocation, higher fines, longer impoundment, Level 2 DUI school, and mandatory ignition interlock. If the prior conviction is more than five years old, penalties remain elevated, but some minimums differ.
Third Offense
A third DUI within ten years of a prior can be charged as a third-degree felony (up to 5 years’ prison), with multi-year interlock and lengthy revocation. If the most recent prior is more than ten years old, it is generally a misdemeanor but still carries steep fines and sanctions.
Fourth or Subsequent
Fourth DUIs can be prosecuted as felonies with permanent revocation risks and significant incarceration and fines.
DUI with Property Damage or Injury
DUI with property damage or minor injury is a first-degree misdemeanor (up to a year in jail). DUI causing serious bodily injury is a third-degree felony (up to 5 years’ prison plus fines and restitution).
DUI Manslaughter
DUI causing death is typically a second-degree felony with a 4-year mandatory minimum and up to 15 years’ prison (or more in certain circumstances). These cases involve specialized crash reconstruction and toxicology and demand early, expert-driven defense.
DUI Involving Drugs (DUID)
A DUID can arise from illegal drugs or lawfully prescribed medications if they impair normal faculties. Prosecutors must prove both impairment and that a listed substance caused it. Blood/urine can show inactive metabolites rather than active impairment, creating opportunities for scientific challenges—especially with toxicology experts and careful cross-examination.
Administrative vs. Criminal DUI Penalties
Florida separates DUI consequences into two tracks: administrative (through FLHSMV) and criminal (through the courts). Failing or refusing a lawful test can trigger an immediate administrative suspension that operates independently from the criminal case. You have only 10 days from arrest to request a formal review hearing to challenge the suspension. See FLHSMV DUI Administrative Suspensions.
First-time drivers may be eligible for a hardship license if they enroll in DUI school and meet other conditions.
Hardship Licenses & Reinstatement
A hardship license can allow limited driving for employment, medical needs, and school during suspension. Applicants typically must enroll in or complete DUI school and may have a hearing. Violating restrictions can lead to revocation.
DUI Checkpoints in Florida
Sobriety checkpoints are permitted if agencies adhere to constitutional safeguards and published operational plans using neutral stop patterns. Drivers must provide license, registration, and proof of insurance; they are not required to answer incriminating questions. Many checkpoint cases turn on whether procedures were followed—creating a fertile area for defense. See FLHSMV for general guidance (flhsmv.gov) and local announcements from the Volusia Sheriff’s Office or the City of Daytona Beach.
Underage DUI & Zero Tolerance
Florida’s zero-tolerance policy allows administrative penalties for drivers under 21 at 0.02 BAC or higher, even without a separate criminal DUI. These records can affect scholarships, insurance, and early career opportunities—swift action and counsel are crucial.
Ignition Interlock Device (IID) Requirements
Interlock may be ordered for certain first offenses (0.15+ BAC or minor in vehicle) and is required for second and subsequent convictions. Offenders pay for installation and monitoring. See FLHSMV’s DUI & IID information here.
CDL & Ride-Share Drivers
Commercial drivers (CDL): Administrative issues can arise at 0.04 BAC, and a DUI conviction—even first-time—can mean lengthy disqualifications and job loss. See FLHSMV’s Commercial Drivers portal.
Ride-share drivers (Uber/Lyft): Arrests can trigger platform deactivation; convictions can lead to permanent bans. These cases often demand strategies that protect both the criminal case and your livelihood.
Out-of-State Drivers
Florida participates in information-sharing compacts. A DUI in Daytona Beach can trigger consequences in your home state. It’s essential to defend the case where it occurred and understand how Florida administrative actions may translate elsewhere.
What Should I Do If I’m Stopped for a Suspected DUI in Daytona Beach?
Many stops in Daytona Beach involve the Daytona Beach Police Department, Volusia Sheriff’s deputies, or neighboring agencies. Use this practical framework:
1) Stay Calm and Courteous
Provide license, registration, and insurance when asked. Avoid sudden movements or confrontational language.
2) Limit Conversation
You must provide basic identifying information, but you do not have to answer incriminating questions about drinking or where you’ve been. Politely state you prefer to speak with an attorney.
3) Field Sobriety Exercises Are Voluntary
Standardized Field Sobriety Tests (walk-and-turn, one-leg stand, HGN) are subjective and influenced by age, injuries, footwear, fatigue, lighting, and roadway conditions. You may decline, though prosecutors may argue refusal shows consciousness of impairment.
4) Think Carefully About Chemical Testing
Under implied consent, refusing a lawful post-arrest breath/urine/blood test can trigger an immediate administrative suspension (typically 1 year for a first refusal; 18 months for subsequent refusals) and may be used as evidence. Conversely, a low test can help. The decision is fact-dependent—speak with counsel as soon as possible.
5) If Arrested, Comply—Then Invoke Your Rights
Do not resist. Clearly state, “I want to speak with an attorney,” and then remain silent.
6) Record Details After Release
Note times, locations, statements, officer names/badge numbers, conditions, potential witnesses, and video sources (business or residential cameras).
7) Act Within 10 Days
You have only 10 days to request a formal review hearing to contest an administrative suspension. Contact TOK Legal via our contact page promptly.
Field Sobriety Tests: Accuracy & Legal Challenges
Field tests are not scientific measurements of alcohol level. We examine whether instructions were correct, whether the environment affected performance, whether standardized procedures were followed, and whether medical conditions explain observed “clues.” Body-cam and dash-cam footage can be pivotal.
Can I Refuse Breath, Urine, or Blood Testing?
Refusing a lawful test generally brings a 1-year administrative suspension (18 months for subsequent refusals) and can be prosecuted separately in certain circumstances. Providing a 0.08+ result is significant evidence for the State. The choice depends on what you were told, your medical conditions, timing, and history—get tailored advice quickly.
Consequences of a DUI on Your Record
A DUI conviction can affect hiring (particularly for roles involving driving, education, healthcare, or security clearances), housing applications, professional licenses, and immigration status. Insurance premiums typically spike. Unlike many offenses, DUI convictions in Florida generally cannot be sealed or expunged—another reason to fight the case before any conviction.
Can a DUI Be Expunged or Sealed in Florida?
As a rule, a DUI conviction cannot be sealed or expunged. If the case is reduced (for example, to reckless driving) or dismissed—and you otherwise qualify—you may pursue record relief for the non-DUI disposition. For general guidance, see the Florida Department of Law Enforcement’s Seal & Expunge resources.
Daytona Beach & Volusia County: Local Process Overview
Most Daytona Beach DUI cases proceed in the Seventh Judicial Circuit (Volusia, Flagler, Putnam, St. Johns). Helpful public resources include:
- Volusia County Clerk of Circuit Court (records, dockets, payments)
- Seventh Judicial Circuit Courts (local court information)
- Office of the State Attorney, 7th Judicial Circuit (prosecutor information)
- Volusia Sheriff’s Office (law enforcement resources)
- City of Daytona Beach (local government links)
- Florida State Courts (statewide court system)
- FLHSMV DUI Administrative Suspensions
- NHTSA: Risky Driving and CDC Transportation Safety (research often implicated in DUI litigation)
How a Daytona Beach DUI Lawyer Can Help
The difference between conviction and dismissal often turns on the details. Our approach is comprehensive and leverage-driven:
Case Evaluation
We scrutinize the stop, detention, arrest basis, Miranda compliance, field sobriety administration, implied consent warnings, testing protocols, instrument maintenance/calibration records, chain of custody, and all video (body-cam/dash-cam). We also evaluate checkpoint compliance if applicable.
Defense Strategies
We challenge unlawful stops, lack of probable cause, medical explanations for FSE “clues,” contamination or noncompliance in testing, unreliable breath-test machine records, and failures in implied-consent procedures. We frequently retain toxicologists and breath-test experts to challenge the science.
Negotiations & Alternatives
When appropriate, we pursue reductions (e.g., reckless driving), diversion or treatment pathways, and sentencing alternatives that protect your record and future. Effective negotiation starts with leverage built through meticulous investigation.
Trial-Ready Representation
If trial is the best path, we litigate aggressively—cross-examining the State’s witnesses, presenting defense experts, and pressing constitutional and scientific challenges.
Frequently Asked Questions
Will I lose my license immediately?
An administrative suspension can begin right away after a failure/refusal. You have 10 days to request a formal review with FLHSMV.
Do I have to do field sobriety tests?
No. FSEs are voluntary and often challengeable.
Should I blow if I think I’m under 0.08?
It depends—low results can help, but the decision is fact-specific. Get advice fast.
How soon should I contact a lawyer?
Immediately. Evidence disappears quickly, and the 10-day administrative deadline is strict.
Get the Defense You Need from Experienced Daytona Beach DUI Lawyers
A DUI arrest in Daytona Beach is intimidating—but you have options. With an experienced, strategic legal team like Turner O’Connor Kozlowski, PL, you can challenge the State’s case, protect your license and record, and work toward the best available outcome.
Don’t wait. Contact our Daytona Beach DUI lawyers now through our contact page to schedule your confidential, free consultation and start building your defense today.