What Constitutes a DUI in Florida?

If you have actually been apprehended and charged with a DUI in DeLand, FL, you are probably going to need a lawyer. Smith & Eulo DUI attorneys focus on DUI law and our team is here to assist you when required. Considering that Florida is a tourist state, we see more than our fair share of DUI arrests. If you live here in Florida or are travelling through, it is prudent to comprehend the local DUI laws. For example, what makes up a DUI in Florida?

  • If the driver of the car has a blood alcohol content of.08 percent or more, she or he is deemed to be driving under the impact
  • Furthermore, motorists utilizing chemical compounds, unlawful controlled substances, and/or prescription drugs (such as Oxycodone) can also be thought about under the impact if stopped.

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DUI Penalties in Florida

If you are apprehended for a DUI in Florida, fines and charges will vary based on previous arrests and convictions for a DUI. For example, a first-time wrongdoer will face up to an one-year license suspension, whereas a third-time wrongdoer with an offense in the last 10 years will face up to a 10-year suspension.

First Offense

  • Up to 9 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 social work (can choose to pay fine in lieu of hours served).
  • Vehicle seized for 10 days.

Second Offense.

  • Up to 9 months in jail.
  • Fines ranging from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year mandatory IID.
  • If the conviction is within five years of previous DUI, mandatory 10 days prison time and 30-day car impoundment.
  • If the conviction is within five years of previous DUI, license withdrawed for five years.

3rd Offense.

  • Up to one year in prison.
  • Fines ranging from $2,000 to $5,0000.
  • 180 to 365-day license suspension.
  • Two-year mandatory IID.
  • If the conviction is within 10 years or prior DUI, mandatory 30-day minimum in prison and 30-day car impoundment.
  • If the conviction is within 10 years or prior DUI, mandatory license cancellation for 10 years.


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

Oftentimes, a first-time DUI in Florida is treated as a misdemeanor with very little charges distributed. Nevertheless, the exception to this is when there are reducing elements to the arrest, such as an incredibly high BAC, witnesses citing erratic driving, possible mistake on the BAC reading, and/or an unsuccessful field sobriety test.

In either case, facing a DUI by yourself is a risky move, so it may be best to work with a DUI Attorney in DeLand to make sure very little fines or possibly even having the case dismissed outright.


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

If you are looking for a DUI lawyer, DeLand legal representatives 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 Firm, your initial assessment is totally free of charge, so you do not have any financial threat for our team to access the case. When we have all your info, such as the authorities reports and your declaration, we will be able to offer you a better price quote regarding what your defense will cost.

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

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

Oftentimes, especially novice offenses without any annoying scenarios, a plea deal can be reached rather quickly. This assists you prevent extreme charges and fines. In this case, there may, however, be a stipulation that no additional DUI arrest happens within a specific amount of time as mandated by the court.

If, however, there were aggravated scenarios, there is long shot a plea bargain or the dropping of charges will occur. By aggravated scenarios, we suggest a kid remaining in the car, a BAC of.15 or greater, or injuries took place associated to the DUI.

It should be noted, both fines and possible prison time, along with charges, are substantially increased when these kinds of scenarios exist.

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

If you are charged with a DUI, you will need to choose if you want to be represented by a public defender or a personal attorney. A lot of public attorneys in Florida are great attorneys, however the downside is they have incredibly heavy caseloads. Point being, you may not get the one-on-one time required to properly protect the case. Something else to think about is that when you use a public defender, you have no say in the attorney designated to your case.

Considering that your initial assessment with Smith & Eulo is totally free, you have no threat to at least let our team assess your case. You may also want to think about some extra factors in terms of the advantages of utilizing a personal attorney over a personal DeLand DUI lawyer.

A lot of public defenders are thought about jack-of-all-trades attorneys. They will generally have a wide range of clients at any provided time. Point being, while they are completely versed in the laws, they do not focus on any one specific location, something of which most private attorneys do. In many cases, a DeLand DUI attorney will catch 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 charges permitted.

If you have a hectic schedule, a DUI lawyer in DeLand is a far much better choice. Usually, with a public defender, you will need to make every appearance, which probably implies missed time at work. With a personal attorney, however, you need not be present all the time, as the attorney can represent you for a few of these initial hearings.

Something else to think about is that if you do want to take the case to trial, you will need a lawyer to do so. The adage “he who represents himself has a fool for a client” has never been truer when it comes to DUI cases.

Being apprehended for a DUI in DeLand is stressful enough, don’t add to that stress by attempting to learn the legal waters by yourself. Smith & Eulo has a complete team of a DeLand DUI attorneys waiting to assist. Fill out our contact form and a member of our team will touch with you ASAP to discuss your case.