Daytona Beach DUI Defense

Daytona Beach DUI Attorney

A DUI arrest starts two clocks at once: a criminal case, and a 10-day deadline to save your driver's license. We start on both the night you call.

  • Available 24 hours a day
  • Free, confidential consultation
  • Offices in Daytona Beach, Port Orange & DeLand

Arrested for DUI in Daytona Beach?

Most people would like to think of a DUI as an expensive traffic ticket. It is not. DUI is a crime under Florida law, and the State Attorney for the Seventh Judicial Circuit prosecutes it like one. For most of our clients it is the first and only time they will ever be arrested, and the first time they will see the inside of the Volusia County Branch Jail.

At Aaron Delgado & Associates, our Daytona Beach DUI lawyers handle every form of the charge, from a first misdemeanor to enhanced, felony, and drug DUIs. Firm Partner Aaron Delgado lectures throughout Florida on DUI and trial law and is a member of the National College of DUI Defense. Our team works with former law enforcement officers who are experts in chemical testing, and we know the Intoxilyzer 8000 and the roadside protocols as well as the officers who use them.

Out of 325 DUI cases, 292 were reduced to a less serious offense or dismissed outright. That is 90 percent. Past results do not guarantee a similar outcome, but they do tell you how we approach these cases.

Arrested for DUI in Daytona Beach?

Before you talk to anyone

What you need to know

01

You have 10 days to save your license

The clock starts at arrest, not at conviction. Under Florida Statute 322.2615 you have ten calendar days to request a DHSMV formal review hearing. Miss it and the suspension is automatic: six months for a breath result of .08 or higher, a full year for a refusal. The public defender does not handle this hearing. We file it on day one.

02

A DUI is a crime, not a ticket

A first conviction means a permanent criminal record, a fine of $500 to $1,000, up to six months in jail, license revocation of six months to a year, 50 hours of community service, a ten-day vehicle impound, and DUI school. A breath result of .15 or higher, or a minor in the car, raises every one of those numbers and adds a mandatory ignition interlock.

03

The case is a chain of moments

The stop, the request to step out, the field sobriety tests, the breath or blood test, the paperwork. Each has a protocol, and every deviation is a defense. Reasonable suspicion for the stop, NHTSA-standard sobriety testing, the 20-minute observation period, and Intoxilyzer maintenance logs are where DUI cases are won.

DUI charges and matters we handle

  • First and second offense misdemeanor DUI
  • Enhanced DUI (BAC of .15 or higher, or a minor in the vehicle)
  • DUI with property damage or injury
  • DUI with serious bodily injury
  • Felony DUI (third within ten years, or any fourth)
  • DUI manslaughter
  • Drug, prescription, and marijuana DUI
  • Boating under the influence (BUI)
  • Breath, blood, and urine test refusals
  • DHSMV formal review hearings and hardship licenses
  • Commercial driver (CDL) DUI
  • Underage DUI (the .02 rule)

How Florida DUI charges escalate

ChargeWhat it requiresClassification
Standard DUI (first offense) BAC of .08 or higher, or impairment by alcohol or drugs Misdemeanor
Enhanced DUI BAC of .15 or higher, or a minor passenger in the vehicle Misdemeanor (enhanced)
DUI with property damage or injury Crash causing damage or non-serious injury 1st-degree misdemeanor
DUI with serious bodily injury Crash causing serious bodily injury 3rd-degree felony
Felony DUI Third DUI within ten years, or any fourth DUI 3rd-degree felony
DUI manslaughter Crash resulting in a death 2nd-degree felony

All tiers are under Florida Statute 316.193. Fines, jail exposure, and license consequences increase at each level. Confirm the specific charge on your citation with your attorney.

Protecting Your License, Your Record, and Your Job

Protecting Your License, Your Record, and Your Job

Even if you are found not guilty of the criminal charge, you can still lose your license through the administrative case at the Department of Highway Safety and Motor Vehicles. Those are two separate proceedings with two separate sets of rules. We handle both. If you have no prior alcohol-related convictions or suspensions, you may be eligible for a hardship license immediately, without fighting the suspension at a hearing. We will tell you which path fits your situation.

For commercial drivers, the administrative hearing is the difference between keeping a career and losing it. A DUI also stacks with any other traffic charge on your record, and a crash that injures someone moves the case into felony court alongside our violent crime work. For repeat offenders, the enhanced and felony tiers carry mandatory minimums that make early, aggressive defense essential.

Speaking with an experienced Daytona Beach DUI lawyer within 24 hours of your arrest can dramatically improve the outcome of your case. Call 386.222.6677 any time, day or night, and we will start working on your defense today.

Common questions

DUI Attorney FAQs

What is done is done, and a refusal is not the end of the case. Florida's implied consent law means a first refusal triggers a one-year administrative suspension, and a second refusal is itself a misdemeanor. But a refusal also means the state has no chemical number, and the case rests on the officer's observations and the roadside tests, which are far more contestable. We defend refusal cases every week.
Yes. The DHSMV administrative suspension is a separate proceeding with its own ten-day deadline. If you do not request a formal review hearing within ten days of arrest, the suspension takes effect regardless of what happens in court. That is why we file the hearing request immediately.
Often, yes. A reduction to reckless driving, sometimes called a wet reckless, avoids the mandatory DUI penalties and the label on your record. Whether it is available depends on the breath result, the stop, the crash history, and the strength of the state's evidence. Out of 325 DUI cases we have handled, 292 were reduced or dismissed.
A first DUI conviction follows you for life. It cannot be sealed or expunged in Florida, it raises your insurance for years, and it becomes the prior offense that turns a second arrest into an enhanced charge. The consultation is free. Talk to us before you plead to anything.

Arrested in Daytona Beach? Call before you talk to anyone.

A first appearance can happen within 24 hours of an arrest. Getting a lawyer involved before then can mean going home instead of waiting in the Volusia County Branch Jail.