What Constitutes a DUI in Florida?

If you have been arrested and charged with a DUI in Melbourne, FL, you are probably going to need a lawyer. Smith & Eulo DUI lawyers focus on DUI law and our team is here to help 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 understand the local DUI laws. For instance, what makes up a DUI in Florida?

  • If the driver of the automobile has a blood alcohol content of.08 percent or more, he or she is considered to be driving under the impact
  • In addition, chauffeurs utilizing chemical substances, illegal controlled substances, and/or prescription drugs (such as Oxycodone) can also be considered under the impact if stopped.

DUI Lawyers Orlando


DUI Penalties in Florida

If you are arrested for a DUI in Florida, fines and charges will differ based upon previous arrests and convictions for a DUI. For instance, a first-time wrongdoer will confront a 1 year license suspension, whereas a third-time wrongdoer with an offense in the last 10 years will confront a 10-year suspension.

First Offense

  • As much as 9 months in jail
  • Fines varying from $500 to $1,000.
  • 180 to 365-day license suspension.
  • Possible six-month ignition interlock device (IID).
  • 50 hours of community service (can choose to pay fine in lieu of hours served).
  • Car took for 10 days.

Second Offense.

  • As much as 9 months in jail.
  • Fines varying from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year compulsory IID.
  • If the conviction is within 5 years of previous DUI, compulsory 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.

  • As much as one year in prison.
  • Fines varying from $2,000 to $5,0000.
  • 180 to 365-day license suspension.
  • Two-year compulsory IID.
  • If the conviction is within 10 years or prior DUI, compulsory 30-day minimum in prison and 30-day automobile impoundment.
  • If the conviction is within 10 years or prior DUI, compulsory license revocation for 10 years.


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

If there are no aggravating scenarios, there is an excellent possibility the case will be dealt with as a misdemeanor and you will just deal with very little fines and charges. If that holds true, you might select to take the plea and not use a lawyer. However, if there were worsening scenarios, such as a kid in the automobile, you will definitely need a lawyer to defend you.

Dealing with these charges alone is risky in any case, so it might be best to employ a DUI Attorney in Melbourneto help defend 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, FL?

If you are searching for a DUI lawyer, Melbourne lawyers all charge differently. Some will charge by the hour while others will charge a flat charge for their services. At Smith & Eulo Law Practice, your initial assessment is totally free of charge, so you do not have any monetary danger for our team to access the case. Once we have all your info, such as the police reports and your statement, we will have the ability to give you a much better price quote regarding what your defense will cost.

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

If arrested for a DUI in Melbourne, there is the possibility the charges will be dismissed, however this undoubtedly counts on the truths of the case. For instance, an officer might not show up in court or treatments throughout the BAC testing were not effectively followed.

In many cases, specifically novice offenses without any aggravating scenarios, a plea deal can be reached rather rapidly. This helps you avoid excessive charges and fines. In this case, there might, nevertheless, be a terms that no additional DUI arrest happens within a specific timespan as mandated by the court.

If, nevertheless, there were worsened scenarios, there is little chance a plea deal or the dropping of charges will happen. By worsened scenarios, we indicate a kid remaining in the automobile, a BAC of.15 or greater, or injuries occurred associated to the DUI.

In the state of Florida, both prison sentences and fines increase substantially in addition to possibly being compulsory when worsened scenarios remain in play.

What Can a DUI Lawyer in Melbourne, 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. Most public lawyers in Florida are excellent lawyers, however the disadvantage is they have incredibly heavy caseloads. Point being, you might not get the one-on-one time required to effectively defend the case. Something else to think about is that when you use a public defender, you have no say in the attorney appointed to your case.

As specified above, your initial assessment with Smith & Eulo is totally free, so there is no danger to have the case evaluated. In addition, there are many advantages in having actually worked with a private attorney.

While a public defender is an all-around attorney out of requirement, a legal firm will have MelbourneDUI lawyers focusing on this kind of law. To put it simply, customers can feel confident their MelbourneDUI lawyer is a real specialist in this particular niche of law. In cases where a public defender might ask you to plead, a private attorney might see a chance to go to trial and have the charges entirely dismissed.

If you have a hectic schedule, a DUI lawyer in Melbourne is a far better alternative. Typically, with a public defender, you will need to make every look, which probably means missed time at work. With a private attorney, nevertheless, you need not be present all the time, as the attorney can represent you for some of these initial hearings.

Something else to think about 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 never ever been truer when it pertains to DUI cases.

Being arrested for a DUI in Melbourne is stressful enough, don’t add to that tension by attempting to learn the legal waters on your own. Smith & Eulo has a complete team of a Melbourne DUI lawyers waiting to help. Fill out our contact form and a member of our team will touch with you ASAP to discuss your case.