Charged with DUI in Daytona Beach, Flagler County, or anywhere in Volusia or Flagler?
A DUI arrest in Florida is not a minor traffic ticket. It affects your license, your job, your freedom, and your insurance for years. A conviction can follow you forever. The state builds cases on snapshots, assumptions, and technicalities — and without a defense lawyer early in the process, you’re at a big disadvantage.
Call your Daytona Beach DUI Lawyer, Flagler County DUI Defense Attorney, Patrick J. McGeehan now for a private, no-pressure DUI defense consultation.
Available 24/7.
What Is a DUI in Florida?
In Florida, you can be charged with DUI if law enforcement claims you were:
- Driving or in actual physical control of a vehicle, and
- Under the influence of alcohol and/or drugs, or
- Had a breath or blood alcohol concentration (BAC) of 0.08% or higher
You don’t have to be “drunk” to be charged. Officers often use subjective observations — odor, balance, speech — that aren’t reliable indicators of impairment.
Possible Penalties for DUI in Daytona Beach & Flagler County
Florida DUI penalties are twofold: criminal and administrative.
Criminal penalties can include:
- Jail time (more likely with high BAC, accidents, or prior DUIs)
- Probation with strict conditions
- Fines and court costs
- Mandatory DUI school
- Community service
Driver’s license consequences can include:
- Suspension or revocation
- Hardship license restrictions
- Ignition interlock device requirements
These penalties apply even for first-time offenders.
Administrative License Suspension: A Hidden Trap
Florida’s DUI arrest triggers an administrative license suspension separate from the criminal case.
After arrest, you typically have 10 days to request a formal review to protect your driving privileges. Miss that deadline and Florida suspends your license automatically.
This isn’t the time to wait. Get legal advice before the clock runs out.
Common Daytona Beach & Flagler DUI Cases We Handle
Every DUI case is different. Some of the most common we see include:
- Traffic stop DUIs (lane weaving, stoplight violations, minor infractions)
- Accident-related DUIs
- High BAC cases (0.15% and above)
- DUI with injury or property damage
- Drug-related DUI (prescription, marijuana, synthetic drugs)
- Refusal to submit to chemical testing
- Underage DUI
We tailor defense strategies to the details of your charge, your record, and what really happened.
How DUI Defenses Are Won
The state’s evidence looks solid on paper, but every part can be challenged:
1) Was the Traffic Stop Justified?
If police lacked a legal reason to stop you, all evidence collected afterward can be thrown out.
2) Field Sobriety Tests Are Not Scientific
These tests depend on officer interpretation, weather, uneven surfaces, and how well instructions were given. Nerves or minor physical issues can make a sober person fail.
3) Breath and Blood Tests Are Flawed
Breathalyzers can be improperly calibrated. Observation periods may be violated. Medical conditions can skew results. Lab protocol mistakes are common.
4) “Actual Physical Control” Defenses
Sleeping in your car, parked on private property, or stopping because of a mechanical issue doesn’t always meet the legal standard.
5) Witness and Scene Inconsistencies
We scrutinize every detail: lighting, officer statements, camera footage, timing, and reports.
What You Should Do After a DUI Arrest
Do these right away:
- Do not give statements to investigators without your lawyer.
- Document what happened while it’s fresh in your mind.
- Keep all paperwork from your arrest.
- Do not assume the state’s version is accurate.
- Get counsel immediately — especially if you face license suspension.
Your choices in the first hours and days matter more than you realize.
Why You Need a Local DUI Defense Lawyer
DUI law in Volusia and Flagler Counties is unique. Judges, prosecutors, and probation officers act predictably in patterns. Someone familiar with local practices knows:
- How the state builds cases
- What judges expect
- How prosecutors negotiate
- When to aggressively challenge evidence
We don’t treat DUI cases the same way for every client. Your circumstances, job needs, and background matter.
Call your Daytona Beach DUI Lawyer, Flagler County DUI Defense Attorney, Patrick J. McGeehan now for a private, no-pressure DUI defense consultation.
Available 24/7.
So what makes me a unique Daytona Beach DUI Lawyer?
There are many Daytona Beach DUI Lawyers out there. Many lawyers showcase the number of Daytona Beach DUI cases they have handled. Not one of them has ever made a DUI arrest! I have! Not only do I represent people
Before becoming a lawyer, I was a Miami-Dade Police Officer. As a Florida Certified Police DUI Instructor, I trained hundreds of police officers on how to conduct DUI stops, how to interview suspects, how to testify in court, and how to take breath samples with the Intoxilyzer. I won an award from M.A.D.D. for investigating impaired drivers. I have also testified as an expert witness in driving under the influence cases.
What does a Driving Under the Influence stop look like?
So, what does it take to get stopped by the police for DUI? Not a lot. For example, one night you are driving home from a South Beach club. Suddenly, you catch the interest of a police officer. Maybe you moved over the centerline, did not use your turn signal, driving a little too fast, it can be anything. Next thing you know, the red and blue lights are going off behind you. You pull to the curb and await the officer to appear at your window. Once the officer smells alcohol, the officer is going to ask you to step out of the car. You are nervous, you had a couple of beers, but you are not drunk. Are you Driving Under the Influence?
The next thing you know, you are standing on the side of the causeway, doing some goofy test that is supposed to tell the officer if you are impaired. At about this time, you are scared and worried. Are you going to be arrested? Who is going to let your dog out? All kinds of things run through your mind. Now the officer grabs your hand and says that phrase nobody wants to hear, “You are under arrest for Driving Under the Influence.” DUI stops happen every night, all night throughout South Florida. There are police officers that do nothing but look for DUI drivers.
Happens all the time.
Tens of thousands of people are arrested every year in Florida for Driving Under the Influence of alcohol or drugs. A DUI conviction can wreak havoc in your life. Worse yet, your job, insurance rates, driver’s license suspensions, impound fees, and not to mention legal fees are all problems you are going to have to deal with if arrested for DUI. The most important thing you can do in your life at this point is to hire a great DUI lawyer, like me!
So, what does it take to get arrested for DUI in Florida? Well under Florida statute 316.193(1), if you have a blood alcohol content over .08%, are under the influence of a chemical substance, and you are driving or have physical control of a vehicle, you are going to be spending the night in jail. What does it mean to be in actual physical control of a car as opposed to driving? If you have the keys to a vehicle on or about your person you are in actual physical control.
Should you take a DUI breath test? Click here to find out.
Call your Daytona Beach DUI Lawyer, Flagler County DUI Defense Attorney, Patrick J. McGeehan now for a private, no-pressure DUI defense consultation.
Available 24/7.
What happens if you are convicted of a first time DUI? If your blood alcohol content is under .15%, you are looking at up to 6 months in jail, a $500.00 to $1,000.00 fine, 50 community service hours, up to a year of probation, vehicle impoundment, and vehicle immobilization. If that is not enough, you are going to have your driver’s license suspended.
That is the minimum a first-time conviction, for subsequent convictions, the penalties are a lot more severe. If you cause an accident, injure or kill someone and the penalties go way up.
The penalties for being convicted of DUI are severe. You need an experienced Daytona Beach DUI Lawyer on your side.
Get a third DUI within ten years, or more, you are up to felony-level DUI.
Can you get charged with two DUI counts in one incident?
You sure can. As a
Daytona Beach DUI Lawyer, I see it all the time. Here is how it happened to one client. Mr. Client was backing out of a parking space at a local watering hole. He backed up a little too far and struck the car parked behind him. The damage was minimal, and he did the right thing in finding the owner of the damaged car. The owner was not too concerned because of the degree of damage but wanted an accident report so the insurance would cover the repair. Both decided to call the police for the accident report. Mr. Client did not believe there would be an issue since he had not had much to drink.
The police officer who responded was very active in DUI enforcement. The officer immediately suspected Mr. Client of being impaired and began a DUI investigation. The result was Mr. Client was charged with DUI and DUI Property Damage at the same time.
DUI Manslaughter: The Game Changer
Get popped for a DUI manslaughter charge and the whole game changes. Now, your long term liberty and freedom is at risk. DUI manslaughter cases always involve lengthy prison sentences. I have worked on many DUI manslaughter cases. DUI manslaughter cases are fought differently and more aggressively.
DUI manslaughter cases revolve, mainly, around the causation of the accident. Here is where I come in. When I was a Miami-Dade Police Detective, one of my areas of expertise was accident reconstruction. As a
Daytona Beach DUI Lawyer, this expertise gives me the skill I need to take apart a DUI manslaughter case and reconstruct it. I can determine pre and post-impact speeds, occupant dynamics, crush analysis, as well as many other vital factors. I can also knowledgeably challenge the State’s expert reconstructionist and engineer’s opinions on how the crash occurred. This is the main way to attack the causation required for a DUI manslaughter charge. This type of experience is what you need in Your Daytona Beach DUI Lawyer to successfully challenge a DUI manslaughter charge.
An Actual DUI Manslaughter Case:
Here is an actual example of a DUI manslaughter case. The client was a prominent doctor who killed a 20-year-old man on the beach. The Florida Highway Patrol investigated the case and charged the client with DUI manslaughter and other lesser DUI charges. The FHP determined the client crossed the center line and hit the victim’s car head-on. Further, the FHP determined the client never took any action to avoid the crash, such as breaking or steering away.
As I do in almost all criminal cases and always in all accident cases, I visit the scene with my investigator and accident reconstructionist. While on the scene, we conduct an area canvass, looking for witnesses and other evidence. We also remeasure the scene to verify the investigating officer’s measurements are correct. These measurements are vital to the calculation of vehicle speeds and angles.
In this particular case, we discovered evidence the investigating officer wholly overlooked. We found a mark on the roadway from the left front wheel of the victim’s car. This mark indicated it was the victim who crossed the center line and hit the client’s car. An examination of the FHP photographic negatives confirmed the mark was present when the investigating officer was on the scene.
We also inspected both cars involved in this case. Removed the headlights from both vehicles and had them examined. Something the officer did not do during his investigation.
The end result? The DUI Manslaughter charge and all other charges were dropped by the State Attorney.
A Former Law Enforcement Perspective on DUI Cases
Before entering private practice, Patrick J. McGeehan built experience in law enforcement. That background provides insight into:
- How DUI investigations are conducted
- Where procedural mistakes happen
- How officers are trained on field sobriety exercises
- How reports are structured to support prosecution
What happens immediately after a DUI arrest in Florida?
You face both a criminal charge and an administrative driver’s license suspension. You typically have 10 days to request a formal review hearing.
Can a DUI be reduced in Florida?
In some cases, yes. Reduction depends on the strength of the evidence, procedural compliance, and case-specific facts.
Is refusing a breath test better than blowing?
Refusal avoids providing a BAC number but carries its own criminal and administrative consequences. Each situation must be evaluated individually. In Florida, you can be criminally charged for refusing a lawfully requested breath test.
How long does a DUI stay on your record?
A DUI conviction in Florida can remain on your record for life unless relief is legally available under specific circumstances.
Will I go to jail for a first DUI?
Not necessarily. Jail exposure exists, but outcomes vary depending on facts and history.
Understanding how cases are built allows for targeted, strategic defense.
DUI defense is not about excuses. It is about evidence.
Serving Daytona Beach, Volusia County, and Flagler County
We handle DUI defense across Central Florida, including:
And throughout Volusia and Flagler Counties
Daytona Beach
Port Orange
Ormond Beach
Holly Hill
South Daytona
DeLand
New Smyrna Beach
Palm Coast
Bunnell
Flagler Beach
Schedule Your DUI Defense Consultation
A DUI charge is serious. The state has time, resources, and experience on its side. You deserve someone with experience on your side.
Call now for a confidential evaluation.
24/7 availability.
Call Patrick Now!
386-882-0440
Frequently Asked Questions
Can I beat a DUI in Florida?
Yes. Many DUI cases are dismissed or reduced when the evidence is challenged properly.
What happens if I refused the breath test?
Refusal carries additional administrative penalties, but those cases are still defendable.
Do I need an attorney for a first DUI?
Absolutely. Florida’s DUI system is complicated and unforgiving.
Please see our YouTube channel, “Your South Florida Lawyer, Patrick J. McGeehan,” for more videos explaining legal concepts in easy to understand terms.
Legal Disclaimer
This page is intended for general informational purposes. Every legal case is unique. Consulting an attorney does not establish an attorney-client relationship unless a written agreement is signed.
Learn More About The Lindsey Isaacs Case
To view the complete timeline, court filings, press releases, media coverage, photographs, and detailed analysis of the investigation, visit:
13 Days: The Lindsey Isaacs Case
The page contains a comprehensive review of the investigation, arrest, defense strategy, dismissal of charges, and related civil litigation.
This page touches on several complex areas of Florida law. The following resources will help you understand the associated laws:
🚔 First DUI Offense
Learn what happens after a first DUI arrest in Florida, including penalties, license consequences, and available defenses.
⚖️ Felony DUI
Understand when a DUI becomes a felony and how prosecutors handle repeat offenses and serious injury cases.
💀 DUI Manslaughter
Explore the penalties, investigations, and defense strategies involved in Florida DUI manslaughter cases.
🚑 DUI Serious Bodily Injury
Learn how Florida law treats DUI cases involving serious injuries and the defenses available to challenge these allegations.
🔍 DUI Checkpoints
Discover how sobriety checkpoints operate in Florida and when a checkpoint stop may violate constitutional protections.
🗣️ Miranda Rights In DUI Cases
Learn when police must advise you of your Miranda rights and how statements can affect a DUI prosecution.
🛑 Motion To Suppress DUI Evidence
Understand how unlawful traffic stops, searches, and detentions can result in critical evidence being excluded.
🚗 Actual Physical Control DUI
Can you be arrested while sitting in a parked vehicle? Learn how Florida defines actual physical control.
🧪 Breath Test Defense
Discover common challenges to breathalyzer results, machine maintenance records, and testing procedures.
💉 Blood Test DUI Cases
Learn how blood evidence is collected, analyzed, and challenged in Florida DUI prosecutions.
❌ Refusal To Submit To Breath Testing
Understand the consequences of refusing a breath test and the defenses available in refusal cases.
👮 Drug Recognition Expert (DRE)
Learn how specially trained officers investigate drug-related DUI allegations and why their conclusions can be challenged.
👁️ Horizontal Gaze Nystagmus (HGN) Test
Understand the science behind the DUI eye test and the limitations of HGN evidence.
🚶 Walk-And-Turn Test
Learn how officers score the walk-and-turn exercise and why many sober individuals struggle with it.
⚖️ One-Leg Stand Test
Discover the factors that can affect performance on the one-leg stand exercise, including age, injuries, and medical conditions.
🏥 Field Sobriety Exercises & Medical Conditions
Explore how medical issues such as vertigo, arthritis, and prior injuries can impact roadside sobriety testing.
🪪 DUI License Suspensions
Learn about administrative suspensions, hardship licenses, and protecting your driving privileges after a DUI arrest.
⚔️ DUI Jury Trial Defense
Understand what happens when a DUI case goes to trial and how juries evaluate evidence presented by the State.
🏌️ DUI On Golf Carts, Bicycles & Scooters
Can you get a DUI while operating a golf cart, bicycle, e-bike, or scooter? Learn what Florida law says.
⛵ Boating Under The Influence (BUI)
Understand how Florida investigates and prosecutes boating under the influence cases.