What Constitutes a DUI in Florida?

If you have actually been apprehended and charged with a DUI in Cocoa Beach, FL, you are probably going to need an attorney. Smith & Eulo DUI lawyers concentrate on DUI law and our group is here to help you when needed. Given that Florida is a tourist state, we see more than our fair share of DUI arrests. If you live here in Florida or are going through, it is sensible to understand the regional DUI laws. For example, what makes up a DUI in Florida?

  • If the motorist of the automobile has a blood alcohol content of.08 percent or more, she or he is considered to be driving under the influence
  • Additionally, drivers using chemical compounds, prohibited controlled substances, and/or prescription drugs (such as Oxycodone) can also be considered under the influence if stopped.

DUI Lawyers Orlando


DUI Penalties in Florida

DUI fines and penalties in Florida are severe and if there are exacerbating circumstances, things get significantly even worse for anybody convicted. For example, a license suspension goes from up to one year to a compulsory five years if the 2nd DUI is within five years of the prior arrest. Here is a total rundown of the existing Florida DUI fines and penalties:

1st Offense

  • As much as nine months in jail
  • Fines ranging from $500 to $1,000.
  • 180 to 365-day license suspension.
  • Possible six-month ignition interlock device (IID).
  • 50 hours of community service (can elect to pay fine in lieu of hours served).
  • Lorry took for 10 days.

Second Offense.

  • As much as nine months in jail.
  • Fines ranging from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year necessary IID.
  • If the conviction is within five years of prior DUI, necessary 10 days prison time and 30-day automobile impoundment.
  • If the conviction is within five years of prior DUI, license withdrawed for five years.

3rd Offense.

  • As much as one year in prison.
  • Fines ranging from $2,000 to $5,0000.
  • 180 to 365-day license suspension.
  • Two-year necessary IID.
  • If the conviction is within ten years or prior DUI, necessary 30-day minimum in prison and 30-day automobile impoundment.
  • If the conviction is within ten years or prior DUI, necessary license revocation for ten years.


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

In a lot of cases, a novice DUI in Florida is treated as a misdemeanor with very little penalties given out. Nevertheless, the exception to this is when there are alleviating elements to the arrest, such as an extremely high BAC, witnesses mentioning unpredictable driving, possible error on the BAC reading, and/or a failed field sobriety test.

In either case, facing a DUI by yourself is a dangerous relocation, so it may be best to employ a DUI Lawyer in Cocoa Beach to ensure very little fines or perhaps even having the case dismissed outright.


How Much Does It Cost to Hire a DUI Lawyer in Cocoa Beach, FL?

If you are searching for a DUI legal representative, Cocoa Beach attorneys all charge in a different way. Some will charge by the hour while others will charge a flat charge for their services. At Smith & Eulo Law Practice, your preliminary assessment is free of charge, so you do not have any financial threat for our group to access the case. As soon as we have all your info, such as the authorities reports and your declaration, we will have the ability to provide you a much better quote regarding what your defense will cost.

Can You Get a DUI Dropped?Ken Eulo, Esq. - DUI Lawyer

If apprehended for a DUI in Cocoa Beach, there is the possibility the charges will be dismissed, however this obviously counts on the facts of the case. For example, an officer may not show up in court or treatments during the BAC screening were not effectively followed.

There may also be a situation where the DUI itself is not dropped however pleading out to lower charges is possible. In many cases, this can help avoid extreme fines, penalties, and prison time as long as there are no additional arrests during a court-specified time.

If there are aggravated circumstances, a plea deal is more than most likely not going to be offered. By aggravated circumstances, we indicate a BAC of.15 or higher, a mishap and/or injury associated to the DUI, or the presence of a kid in the car.

In the state of Florida, both prison sentences and fines increase significantly in addition to perhaps being necessary when aggravated circumstances are in play.

What Can a DUI Lawyer in Cocoa Beach, FL Do for a DUI Case?

If you are charged with a DUI, you will need to decide if you want to be represented by a public defender or a private attorney. The majority of public lawyers in Florida are very good lawyers, however the drawback is they have extremely heavy caseloads. Point being, you may not get the one-on-one time needed to effectively safeguard the case. Something else to consider is that when you use a public defender, you have no say in the attorney appointed to your case.

Given that your preliminary assessment with Smith & Eulo is free, you have no threat to a minimum of let our group examine your case. You may also want to consider some extra factors in regards to the benefits of using a private attorney over a private Cocoa Beach DUI legal representative.

The majority of public defenders are considered jack-of-all-trades lawyers. They will typically have a vast array of customers at any given time. Point being, while they are fully versed in the laws, they do not concentrate on any one specific location, something of which most personal lawyers do. In many cases, a Cocoa Beach DUI attorney will capture something small that may have been missed by a public defender. While small, however, it could be the difference in having the case dismissed and facing the maximum penalties enabled.

If you have a busy schedule, a DUI legal representative in Cocoa Beach is a far better choice. Typically, with a public defender, you will need to make every look, which probably suggests missed time at work. With a private attorney, however, you need not be present all the time, as the attorney can represent you for some of these initial hearings.

If you are dead set on taking the case to trial, you will absolutely need to have a competent DUI attorney safeguarding you. The only other choice is to safeguard yourself and as Abraham Lincoln when stated, “he who represents himself has a fool for a customer”.

Being apprehended for a DUI in Cocoa Beach is difficult enough, don’t contribute to that stress by trying to learn the legal waters by yourself. Smith & Eulo has a complete group of a Cocoa Beach DUI lawyers waiting to help. Complete our contact form and a member of our group will touch with you ASAP to discuss your case.