What Constitutes a DUI in Florida?

If you have actually been detained and charged with a DUI in Melbourne Beach, FL, you are most likely going to need an attorney. Smith & Eulo DUI lawyers specialize in DUI law and our group is here to assist you when needed. Since Florida is a tourist state, we see more than our reasonable share of DUI arrests. If you live here in Florida or are travelling through, it is prudent to understand the regional DUI laws. For example, what constitutes a DUI in Florida?

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

DUI Lawyers Orlando


DUI Penalties in Florida

DUI fines and charges in Florida are extreme and if there are exacerbating circumstances, things get significantly worse for anybody founded guilty. For example, a license suspension goes from up to one year to a compulsory five years if the second DUI is within five years of the previous arrest. Here is a total rundown of the present Florida DUI fines and charges:

1st Offense

  • As much as 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).
  • Lorry took for 10 days.

Second Offense.

  • As much as 9 months in prison.
  • 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 previous DUI, necessary 10 days prison time and 30-day vehicle impoundment.
  • If the conviction is within five years of previous 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 vehicle 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 most cases, a novice DUI in Florida is dealt with as a misdemeanor with very little charges distributed. However, the exception to this is when there are mitigating factors to the arrest, such as a very high BAC, witnesses pointing out irregular driving, possible error on the BAC reading, and/or an unsuccessful field sobriety test.

Dealing with these charges alone is risky in any case, so it might be best to employ a DUI Attorney in Melbourne Beachto assist safeguard your case and guarantee you get very little charges or possibly even have the case dismissed.


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

If you are looking for a DUI attorney, Melbourne Beach lawyers all charge differently. Some will charge by the hour while others will charge a flat fee for their services. At Smith & Eulo Law Office, your preliminary consultation is complimentary of charge, so you do not have any monetary danger for our group to access the case. Once we have all your details, such as the authorities reports and your declaration, we will have the ability to give you a much better quote regarding what your defense will cost.

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

If detained for a DUI in Melbourne Beach, there are numerous reasons why the case might be dropped. For example, maybe the breathalyzer specialist did not follow certain treatments when conducting the test. This is just one of many reasons that could result in the charges being dismissed outright.

There might likewise be a scenario where the DUI itself is not dropped however pleading out to lower charges is possible. In some cases, this can assist prevent extreme fines, charges, and prison time as long as there are no more arrests during a court-specified time.

If, however, there were intensified circumstances, there is long shot a plea bargain or the dropping of charges will happen. By intensified circumstances, we suggest a kid being in the vehicle, a BAC of.15 or greater, or injuries happened related to the DUI.

It ought to be kept in mind, both fines and possible prison time, in addition to charges, are significantly increased when these types of circumstances are present.

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

Firstly, you need to choose if you wish to employ a Melbourne BeachDUI lawyer or deal with a public protector (if you qualify). While the public defenders here in Florida are very good lawyers, they likewise have considerable caseloads. Point being, your case might not always get the attention it is worthy of. Furthermore, you do not get to pick your public protector, as the court decides who is assigned the case.

Since your preliminary consultation with Smith & Eulo is complimentary, you have no danger to a minimum of let our group evaluate your case. You might likewise wish to think about some extra factors in terms of the benefits of using a private lawyer over a private Melbourne Beach DUI attorney.

The majority of public defenders are considered jack-of-all-trades lawyers. They will typically have a large range of customers at any given time. Point being, while they are completely versed in the laws, they do not specialize in any one particular location, something of which most personal lawyers do. In some cases, a Melbourne Beach DUI lawyer will capture something minor that might have been missed by a public protector. While minor, however, it could be the difference in having the case dismissed and facing the optimum charges enabled.

For people with demanding schedules, a private lawyer can save considerable time in the court. With a public protector, you are generally required to be in court during every appearance. A private lawyer, however, can represent you on some celebrations without you being physically present in the courtroom.

Something else to think about is that if you do wish to take the case to trial, you will need an attorney to do so. The expression “he who represents himself has a fool for a client” has never ever been truer when it pertains to DUI cases.

Being detained for a DUI in Melbourne Beach is stressful enough, do not add to that stress by attempting to wade through the legal waters by yourself. Smith & Eulo has a full group of a Melbourne Beach DUI lawyers waiting to assist. Submit our contact form and a member of our group will be in contact with you ASAP to discuss your case.