What Constitutes a DUI in Florida?

If you have been detained and charged with a DUI in Eustis, FL, you are probably going to need a lawyer. Smith & Eulo DUI attorneys concentrate on DUI law and our team 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 prudent to understand the local DUI laws. For example, what constitutes a DUI in Florida?

  • If the chauffeur of the automobile has a blood alcohol content of.08 percent or more, he or she is deemed to be driving under the influence
  • In addition, drivers utilizing chemical compounds, illegal controlled substances, and/or prescription drugs (such as Oxycodone) can also be thought about under the influence if stopped.

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DUI Penalties in Florida

If you are detained for a DUI in Florida, fines and penalties will vary based on previous arrests and convictions for a DUI. For example, a newbie culprit will confront an one-year license suspension, whereas a third-time culprit with an offense in the last ten years will confront a 10-year suspension.

1st Offense

  • Approximately 9 months in prison
  • 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).
  • Car seized for 10 days.

2nd Offense.

  • Approximately 9 months in prison.
  • Fines ranging from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year obligatory IID.
  • If the conviction is within 5 years of previous DUI, obligatory 10 days prison time and 30-day automobile impoundment.
  • If the conviction is within 5 years of previous DUI, license withdrawed for 5 years.

3rd Offense.

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


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

In most cases, a newbie DUI in Florida is dealt with as a misdemeanor with very little penalties distributed. However, the exception to this is when there are alleviating factors to the arrest, such as a very high BAC, witnesses pointing out erratic driving, possible error on the BAC reading, and/or an unsuccessful field sobriety test.

Dealing with these charges alone is dangerous either way, so it might be best to employ a DUI Lawyer in Eustisto help protect your case and guarantee you get very little penalties or potentially even have the case dismissed.


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

If you are searching for a DUI legal representative, Eustis 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 Firm, your initial assessment is complimentary of charge, so you do not have any monetary threat for our team to access the case. Once we have all your information, such as the police reports and your declaration, we will have the ability to provide you a better quote as to what your defense will cost.

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

If detained for a DUI in Eustis, there are numerous reasons that the case might be dropped. For example, maybe the breathalyzer professional did not follow specific treatments when conducting the test. This is simply one of lots of factors that might lead to the charges being dismissed outright.

There might also be a circumstance where the DUI itself is not dropped but pleading out to lower charges is possible. In many cases, this can help prevent extreme fines, penalties, and prison time as long as there are no more arrests throughout a court-specified time.

If, nevertheless, there were intensified circumstances, there is little chance a plea bargain or the dropping of charges will take place. By intensified circumstances, we indicate a child being in the vehicle, a BAC of.15 or higher, or injuries occurred related to the DUI.

It should be noted, both fines and possible prison time, in addition to penalties, are substantially increased when these types of circumstances are present.

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

If you are charged with a DUI, you will need to decide if you wish to be represented by a public defender or a private attorney. A lot of public attorneys in Florida are very good attorneys, but the downside is they have very heavy caseloads. Point being, you might not get the individually time needed to correctly protect the case. Something else to consider is that when you utilize a public defender, you have no say in the attorney selected to your case.

As mentioned above, your initial assessment with Smith & Eulo is complimentary, so there is no threat to have the case examined. In addition, there are numerous advantages in having actually hired a private attorney.

A lot of public defenders are thought about jack-of-all-trades attorneys. They will normally have a wide variety of clients at any given time. Point being, while they are completely versed in the laws, they do not concentrate on any one particular area, something of which most private attorneys do. In many cases, a Eustis DUI attorney will catch something small that might have been missed out on by a public defender. While small, nevertheless, it might be the distinction in having the case dismissed and dealing with the maximum penalties allowed.

If you have a busy schedule, a DUI legal representative in Eustis is a far better choice. Generally, with a public defender, you will need to make every appearance, which probably indicates missed out on time at work. With a private attorney, nevertheless, you need not exist all the time, as the attorney can represent you for a few of these preliminary hearings.

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

Being detained for a DUI in Eustis is demanding enough, don’t contribute to that tension by trying to learn the legal waters by yourself. Smith & Eulo has a complete team of a Eustis DUI attorneys waiting to help. Complete our contact form and a member of our team will be in contact with you ASAP to discuss your case.