Being arrested for driving under the influence (DUI) in Deltona, Florida is a serious matter that can jeopardize your license, career, and future. Florida’s DUI laws are complex, penalties are harsh, and the consequences can ripple through your life for years—affecting employment, insurance, finances, and freedom.
The good news: a well-planned defense can make a meaningful difference. This page explains how Florida DUI law works, what to expect after an arrest in Deltona and Volusia County, and how the DUI defense team at Turner O’Connor Kozlowski, PL (TOK Legal) can protect your rights from day one.
If you or a loved one is facing a DUI, don’t go it alone. Know your options and act quickly. Call us at 352-747-4920 or reach us through our contact page for a confidential consultation with a Deltona DUI lawyer.
Understanding DUI
In Florida, a DUI occurs when a person operates—or is in actual physical control of—a vehicle (1) while under the influence of alcohol, controlled substances, or certain chemical substances to the extent their normal faculties are impaired, or (2) while having a breath or blood alcohol level of 0.08 or higher. See Fla. Stat. § 316.193.
You can be arrested even if your measured alcohol level is below 0.08 if the officer believes your normal faculties are impaired. And because the statute covers “actual physical control,” you can face charges even if the vehicle never moved (for example, sitting in the driver’s seat with the ability to start or operate the car).
DUI 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 rely on officer observations, field sobriety exercises, and urine/blood testing—each of which can be challenged scientifically and legally.
Special categories face stricter rules. Commercial drivers (CDL) can encounter serious administrative consequences at 0.04 or higher. Drivers under 21 are subject to Florida’s zero-tolerance policy (administrative penalties beginning at 0.02). See FLHSMV’s guidance on administrative DUI suspensions.
DUI Law in Florida
DUI sentencing includes mandatory minimums and escalating maximums that depend on prior DUI convictions, alcohol level (0.15+), whether a minor was in the vehicle, and whether a crash caused property damage, injury, or death. See § 316.193 and FLHSMV’s administrative rules.
First Offense
A first DUI (without enhancements) carries up to 6 months in jail, fines of $500–$1,000, license suspension (6–12 months), DUI school, vehicle impoundment/immobilization, and probation. If BAC is 0.15+ or a minor is present, exposure increases (e.g., up to 9 months and 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, longer revocation (often 5 years), higher fines, Level 2 DUI school, vehicle impoundment of all vehicles, and mandatory ignition interlock. If the prior is older than five years, penalties remain elevated but some minimums differ.
Third Offense
A third DUI within ten years of a prior may be a third-degree felony (up to 5 years’ prison), with multi-year interlock and lengthy revocation. If more than ten years apart, it’s generally a misdemeanor but still carries steep fines, suspensions, and interlock.
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 one 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 (potentially more in certain circumstances). These cases involve specialized crash reconstruction and toxicology.
DUI Involving Drugs (DUID)
A DUID can stem 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 often show metabolites that do not equal active impairment—creating opportunities for scientific challenges with expert testimony.
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. You have only 10 days from arrest to request a formal review hearing. See FLHSMV DUI Administrative Suspensions.
First-time drivers may be eligible for a hardship license if enrolled in DUI school and otherwise qualified.
Hardship Licenses & Reinstatement
A hardship license can allow limited driving for employment, school, or medical needs during suspension. Applicants must usually enroll in or complete DUI school and may be scheduled for a hearing. Violations of restrictions can lead to revocation.
DUI Checkpoints in Florida
Sobriety checkpoints are allowed if agencies follow constitutional safeguards and published operational plans with neutral stop patterns. Drivers must show license/registration/insurance; they are not required to answer incriminating questions. Checkpoint cases often turn on whether procedures were followed, which can be a fertile area for defense. See FLHSMV for general guidance (flhsmv.gov) and local announcements from the Volusia Sheriff’s Office.
Underage DUI & Zero Tolerance
Florida’s zero-tolerance policy allows administrative penalties at 0.02 BAC or higher for drivers under 21, even without a separate criminal DUI. These records can affect scholarships, insurance, and future opportunities—prompt action matters.
Ignition Interlock Device (IID) Requirements
Interlock may be ordered on certain first offenses (0.15+ BAC or minor in vehicle) and is required on second and subsequent convictions. Offenders must 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 be career-ending. See FLHSMV’s Commercial Drivers portal.
Ride-share (Uber/Lyft): Arrests can trigger platform deactivation; convictions can mean permanent bans. These cases often require coordinated strategies to protect your record and livelihood.
Out-of-State Drivers
Florida participates in information-sharing compacts. A Florida DUI can trigger consequences in your home state. Defend the case where it occurred and understand how Florida administrative actions may translate to your licensing state.
What Should I Do If I’m Stopped for a Suspected DUI in Deltona?
Many stops in Deltona involve deputies from the Volusia Sheriff’s Office or nearby agencies. Here’s a practical framework:
1) Stay Calm and Courteous
Provide license, registration, and insurance on request. Avoid sudden movements or confrontational language.
2) Limit Conversation
You must provide identifying information, but you need not answer incriminating questions about where you’ve been or drinking. Politely say you prefer to speak to 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, fatigue, footwear, 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 immediate administrative suspension (typically 1 year for a first refusal; 18 months for subsequent refusals) and may be used as evidence. On the other hand, a very low test result 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
Write down times, locations, officer names/badge numbers, roadside conditions, witnesses, and any 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. Call TOK Legal at 352-747-4920 immediately.
Field Sobriety Tests: Accuracy & Legal Challenges
These are not scientific measurements of alcohol level. We challenge whether instructions were properly given, whether the roadside environment interfered, whether the officer followed standardized procedures, and whether medical conditions explain “clues.” Body-cam and dash-cam footage can be critical.
Can I Refuse Breath, Urine, or Blood Testing?
Refusing a lawful post-arrest test typically brings a 1-year administrative suspension (18 months for subsequent refusals) and may lead to additional charges in certain circumstances. Conversely, a 0.08+ reading is significant evidence for the State. The choice turns on what you were told, your medical conditions, timing, and history—get tailored advice quickly.
Consequences of a DUI on Your Record
A DUI can affect hiring (especially driving, healthcare, education, and licensed trades), housing, professional licenses, and insurance rates. Unlike many offenses, DUI convictions in Florida generally cannot be sealed or expunged—another reason to fight the case before conviction.
Expungement or Sealing for DUI in Florida
As a rule, a DUI conviction cannot be sealed or expunged. If the case is reduced or dismissed—and you otherwise qualify—you may pursue record relief for the non-DUI disposition. For general guidance, see FDLE’s Seal & Expunge resources.
Deltona & Volusia County: Local Process Overview
Most Deltona DUI cases proceed in the Seventh Judicial Circuit (Volusia, Flagler, Putnam, St. Johns). Useful public resources:
- 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 (local law enforcement)
- Florida State Courts (statewide court system)
- FLHSMV DUI Administrative Suspensions
- NHTSA: Risky Driving and CDC Transportation Safety
How a Deltona DUI Lawyer Can Help
Our approach focuses on details and leverage:
Case Evaluation
We scrutinize stop justification, detention length, arrest basis, Miranda, field sobriety administration, implied consent warnings, instrument maintenance/calibrations, and video (body-cam/dash-cam). We also analyze checkpoint compliance if relevant.
Defense Strategies
We challenge unlawful stops, lack of probable cause, medical explanations for FSE “clues,” sample contamination, machine records, chain-of-custody, and scientifically flawed conclusions. Toxicologists and breath-test experts frequently play key roles.
Negotiations & Alternatives
When appropriate, we pursue reductions (e.g., reckless driving), diversion or treatment pathways, and sentencing alternatives designed to protect your record and future.
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 at 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. Speak with an attorney as soon as possible.
How soon should I call a lawyer?
Immediately. Evidence disappears quickly, and deadlines (like the 10-day administrative review) are strict.
Get the Defense You Need from Experienced Deltona DUI Lawyers
A DUI arrest in Deltona is stressful—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 possible outcome.
Don’t wait. Call our Deltona DUI lawyers now at 352-747-4920 or message us through our contact page to schedule a confidential consultation and start building your defense today.