What Constitutes a DUI in Florida?

If you have been detained and charged with a DUI in Melbourne Village, FL, you are most likely going to require an attorney. Smith & Eulo DUI lawyers focus on DUI law and our team is here to help you when required. Considering that Florida is a traveler 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 comprehend the local DUI laws. For example, what makes up a DUI in Florida?

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

DUI Lawyers Orlando


DUI Penalties in Florida

If you are detained for a DUI in Florida, fines and charges will differ based on previous arrests and convictions for a DUI. For example, a novice 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

  • Up to 9 months in prison
  • 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 elect to pay fine in lieu of hours served).
  • Car impounded for 10 days.

Second Offense.

  • Up to 9 months in prison.
  • 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 jail time and 30-day automobile impoundment.
  • If the conviction is within 5 years of previous DUI, license withdrawed for 5 years.

3rd Offense.

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


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

In many cases, a novice DUI in Florida is treated as a misdemeanor with very little charges given out. Nevertheless, the exception to this is when there are mitigating elements to the arrest, such as an exceptionally high BAC, witnesses pointing out erratic driving, possible error on the BAC reading, and/or an unsuccessful field sobriety test.

Facing these charges alone is risky either way, so it may be best to employ a DUI Attorney in Melbourne Villageto help defend your case and ensure you get very little charges or perhaps even have the case dismissed.


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

If you are looking for a DUI lawyer, Melbourne Village legal representatives all charge differently. Some will charge by the hour while others will charge a flat charge for their services. At Smith & Eulo Law Firm, your initial consultation is totally free of charge, so you do not have any monetary threat for our team to access the case. As soon as we have all your information, such as the authorities reports and your statement, we will have the ability to offer you a better estimate as to what your defense will cost.

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

If detained for a DUI in Melbourne Village, there is the possibility the charges will be dismissed, but this obviously relies on the truths of the case. For example, an officer may disappoint up in court or procedures during the BAC testing were not correctly followed.

In many cases, specifically newbie offenses with no irritating situations, a plea offer can be reached rather rapidly. This assists you avoid extreme charges and fines. In this case, there may, however, be a specification that no more DUI arrest happens within a specific timespan as mandated by the court.

If, however, there were aggravated situations, there is little chance a plea deal or the dropping of charges will happen. By aggravated situations, we indicate a kid being in the vehicle, a BAC of.15 or greater, or injuries happened associated to the DUI.

It must be kept in mind, both fines and possible jail time, in addition to charges, are substantially increased when these kinds of situations exist.

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

Most importantly, you require to decide if you wish to employ a Melbourne VillageDUI lawyer or work with a public protector (if you qualify). While the general public defenders here in Florida are very good lawyers, they likewise have substantial caseloads. Point being, your case may not constantly get the attention it is worthy of. In addition, you don’t get to select your public protector, as the court decides who is assigned the case.

As specified above, your initial consultation with Smith & Eulo is totally free, so there is no threat to have the case assessed. In addition, there are various advantages in having employed a personal lawyer.

The majority of public defenders are thought about jack-of-all-trades lawyers. They will typically have a vast array of customers at any given time. Point being, while they are totally versed in the laws, they do not focus on any one specific area, something of which most private lawyers do. In some cases, a Melbourne Village DUI lawyer will capture something minor that may have been missed out on by a public protector. While minor, however, it might be the distinction in having the case dismissed and dealing with the maximum charges enabled.

If you have a hectic schedule, a DUI lawyer in Melbourne Village is a far better option. Generally, with a public protector, you will need to make every look, which most likely suggests missed out on time at work. With a personal lawyer, however, you need not exist all the time, as the lawyer 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 require an attorney to do so. The adage “he who represents himself has a fool for a client” has actually never been truer when it concerns DUI cases.

Being detained for a DUI in Melbourne Village is difficult enough, don’t contribute to that tension by trying to learn the legal waters on your own. Smith & Eulo has a complete team of a Melbourne Village DUI lawyers waiting to help. Submit our contact form and a member of our team will touch with you ASAP to discuss your case.