What Constitutes a DUI in Florida?

If you have been arrested and charged with a DUI in Montclair, FL, you are most likely going to need an attorney. Smith & Eulo DUI lawyers specialize in DUI law and our group 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 travelling through, it is sensible to understand the regional DUI laws. For example, what makes up a DUI in Florida?

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

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DUI Penalties in Florida

If you are arrested for a DUI in Florida, fines and penalties will vary based upon previous arrests and convictions for a DUI. For example, a newbie transgressor will face up to an one-year license suspension, whereas a third-time transgressor with an offense in the last 10 years will face up to a 10-year suspension.

First Offense

  • As much as 9 months in jail
  • 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).
  • Vehicle took for 10 days.

Second Offense.

  • As much as 9 months in jail.
  • Fines ranging from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year mandatory IID.
  • If the conviction is within 5 years of prior DUI, mandatory 10 days jail time and 30-day car impoundment.
  • If the conviction is within 5 years of prior DUI, license withdrawed for 5 years.

3rd Offense.

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


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

In many cases, a newbie DUI in Florida is treated as a misdemeanor with minimal penalties given out. However, the exception to this is when there are reducing elements to the arrest, such as an extremely high BAC, witnesses mentioning unpredictable driving, possible mistake on the BAC reading, and/or a failed field sobriety test.

Either way, facing a DUI by yourself is a risky move, so it might be best to hire a DUI Attorney in Montclair to make sure minimal fines or possibly even having the case dismissed outright.


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

If you are trying to find a DUI legal representative, Montclair lawyers all charge in a different way. Some will charge by the hour while others will charge a flat cost for their services. At Smith & Eulo Law Practice, your preliminary consultation is totally free of charge, so you do not have any monetary threat for our group to access the case. Once we have all your details, such as the police reports and your statement, we will have the ability to give you a much better estimate as to what your defense will cost.

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

If arrested for a DUI in Montclair, there are various reasons why the case might be dropped. For example, possibly the breathalyzer service technician did not follow specific procedures when performing the test. This is simply among lots of factors that might lead to the charges being dismissed outright.

In many cases, especially novice offenses without any aggravating circumstances, a plea deal can be reached rather quickly. This helps you avoid excessive penalties and fines. In this case, there might, however, be a specification that no additional DUI arrest takes place within a specific timespan as mandated by the court.

If there are worsened circumstances, a plea deal is more than likely not going to be provided. By worsened circumstances, we indicate a BAC of.15 or greater, an accident and/or injury associated to the DUI, or the existence of a kid in the cars and truck.

In the state of Florida, both jail sentences and fines increase significantly in addition to possibly being mandatory when worsened circumstances remain in play.

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

Firstly, you need to choose if you want to hire a MontclairDUI attorney or work with a public protector (if you qualify). While the public defenders here in Florida are great lawyers, they likewise have significant caseloads. Point being, your case might not always get the attention it should have. In addition, you do not get to choose your public protector, as the court decides who is appointed the case.

Considering that your preliminary consultation with Smith & Eulo is totally free, you have no threat to a minimum of let our group assess your case. You might likewise want to think about some additional factors in regards to the benefits of utilizing a personal attorney over a personal Montclair DUI legal representative.

The majority of public defenders are thought about jack-of-all-trades lawyers. They will usually have a vast array of customers at any offered time. Point being, while they are totally versed in the laws, they do not specialize in any one specific area, something of which most private lawyers do. In many cases, a Montclair DUI attorney will catch something minor that might have been missed out on by a public protector. While minor, however, it might be the difference in having the case dismissed and facing the optimum penalties allowed.

If you have a busy schedule, a DUI legal representative in Montclair is a far better alternative. Usually, with a public protector, you will need to make every appearance, which most likely implies missed out on time at work. With a personal attorney, however, you need not exist all the time, as the attorney can represent you for a few of these preliminary hearings.

If you are dead set on taking the case to trial, you will definitely need to have a certified DUI attorney protecting you. The only other alternative is to defend yourself and as Abraham Lincoln once said, “he who represents himself has a fool for a customer”.

Being arrested for a DUI in Montclair is demanding enough, do not add to that stress by attempting to wade through the legal waters by yourself. Smith & Eulo has a complete group of a Montclair DUI lawyers waiting to help. Fill out our contact form and a member of our group will be in contact with you ASAP to discuss your case.