What Constitutes a DUI in Florida?

If you have been apprehended and charged with a DUI in Mims, FL, you are most likely going to need a lawyer. Smith & Eulo DUI attorneys focus on DUI law and our group is here to assist you when needed. Since Florida is a traveler state, we see more than our reasonable share of DUI arrests. If you live here in Florida or are going through, it is sensible to understand the regional DUI laws. For instance, what constitutes a DUI in Florida?

  • If the chauffeur of the vehicle has a blood alcohol content of.08 percent or more, she or he is deemed to be driving under the impact
  • Furthermore, drivers using chemical compounds, prohibited illegal drugs, 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 penalties in Florida are extreme and if there are worsening circumstances, things get significantly even worse for anybody founded guilty. For instance, a license suspension goes from approximately one year to a necessary five years if the second DUI is within five years of the previous arrest. Here is a complete rundown of the existing Florida DUI fines and penalties:

1st Offense

  • Approximately nine 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).
  • Automobile took for 10 days.

2nd Offense.

  • Approximately nine months in jail.
  • Fines varying from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year obligatory IID.
  • If the conviction is within five years of previous DUI, obligatory 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.

  • Approximately one year in prison.
  • Fines varying 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 vehicle impoundment.
  • If the conviction is within ten years or prior DUI, obligatory license revocation for ten years.


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

In most cases, a first-time DUI in Florida is dealt with as a misdemeanor with minimal penalties given out. Nevertheless, the exception to this is when there are alleviating aspects to the arrest, such as an exceptionally high BAC, witnesses citing erratic driving, possible error on the BAC reading, and/or a failed field sobriety test.

Facing these charges alone is risky either way, so it may be best to work with a DUI Lawyer in Mimsto assist defend your case and guarantee you get minimal penalties or perhaps even have the case dismissed.


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

If you are looking for a DUI legal representative, Mims lawyers all charge differently. Some will charge by the hour while others will charge a flat charge for their services. At Smith & Eulo Law Office, your preliminary consultation is totally free of charge, so you do not have any monetary risk for our group to access the case. When we have all your info, such as the police reports and your statement, we will be able to provide you a much better quote as to what your defense will cost.

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

If apprehended for a DUI in Mims, there are many reasons why the case may be dropped. For instance, maybe the breathalyzer service technician did not follow particular procedures when conducting the test. This is simply one of lots of factors that might result in the charges being dismissed outright.

There may likewise be a scenario where the DUI itself is not dropped but pleading out to lesser charges is possible. Sometimes, this can assist prevent extreme fines, penalties, and prison time as long as there are no additional arrests throughout a court-specified time.

If, nevertheless, there were worsened circumstances, there is long shot a plea deal or the dropping of charges will occur. By worsened circumstances, we imply a child remaining in the vehicle, a BAC of.15 or greater, or injuries took place related to the DUI.

It needs to be noted, both fines and possible prison time, in addition to penalties, are considerably increased when these types of circumstances exist.

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

Primarily, you need to decide if you wish to work with a MimsDUI lawyer or work with a public defender (if you qualify). While the public defenders here in Florida are great attorneys, they likewise have substantial caseloads. Point being, your case may not constantly get the attention it should have. Furthermore, you don’t get to pick your public defender, as the court chooses who is designated the case.

As specified above, your preliminary consultation with Smith & Eulo is totally free, so there is no risk to have the case assessed. Furthermore, there are many benefits in having actually employed a private lawyer.

While a public defender is a well-rounded lawyer out of necessity, a legal firm will have MimsDUI attorneys concentrating on this kind of law. Simply put, clients can feel confident their MimsDUI legal representative is a real expert in this specific niche of law. In cases where a public defender may ask you to plead, a private lawyer may see a chance to go to trial and have the charges totally dismissed.

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

If you are dead set on taking the case to trial, you will absolutely need to have a qualified DUI lawyer defending you. The only other option is to defend yourself and as Abraham Lincoln once said, “he who represents himself has a fool for a client”.

Being apprehended for a DUI in Mims is difficult enough, don’t add to that stress by trying to wade through the legal waters by yourself. Smith & Eulo has a full group of a Mims DUI attorneys waiting to assist. Submit our contact form and a member of our group will be in contact with you ASAP to discuss your case.