What Constitutes a DUI in Florida?

If you have actually been jailed and charged with a DUI in New Smyrna Beach, FL, you are most likely going to need an attorney. Smith & Eulo DUI attorneys focus on DUI law and our group is here to assist you when required. Since Florida is a tourist state, we see more than our reasonable share of DUI arrests. If you live here in Florida or are passing through, it is prudent to understand the regional DUI laws. For instance, what makes up a DUI in Florida?

  • If the motorist of the car has a blood alcohol content of.08 percent or more, he or she is deemed to be driving under the influence
  • Furthermore, chauffeurs using chemical substances, prohibited illegal drugs, and/or prescription drugs (such as Oxycodone) can likewise be considered under the influence if stopped.

DUI Lawyers Orlando


DUI Penalties in Florida

DUI fines and penalties in Florida are extreme and if there are aggravating situations, things get substantially worse for anyone founded guilty. For instance, a license suspension goes from up to one year to a necessary five years if the 2nd DUI is within five years of the previous arrest. Here is a total rundown of the current Florida DUI fines and penalties:

1st Offense

  • Approximately nine 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 choose to pay fine in lieu of hours served).
  • Lorry took for 10 days.

2nd Offense.

  • Approximately nine 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 five years of previous DUI, mandatory 10 days prison time and 30-day car impoundment.
  • If the conviction is within five years of previous DUI, license revoked for five years.

3rd Offense.

  • Approximately one year in prison.
  • 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 prison 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 novice DUI in Florida is dealt with as a misdemeanor with minimal penalties given out. Nevertheless, the exception to this is when there are reducing elements to the arrest, such as an incredibly high BAC, witnesses pointing out erratic 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 may be best to work with a DUI Lawyer in New Smyrna Beachto assist defend your case and guarantee you get minimal penalties or possibly even have the case dismissed.


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

If you are searching for a DUI attorney, New Smyrna Beach legal representatives all charge differently. Some will charge by the hour while others will charge a flat fee for their services. At Smith & Eulo Law Practice, your initial consultation is totally free 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 cops reports and your statement, we will be able 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 jailed for a DUI in New Smyrna Beach, there are many reasons that the case may be dropped. For instance, possibly the breathalyzer technician did not follow certain procedures when conducting the test. This is just among lots of factors that could lead to the charges being dismissed outright.

In many cases, particularly first-time offenses without any aggravating situations, a plea offer can be reached rather rapidly. This assists you prevent extreme penalties and fines. In this case, there may, nevertheless, be a specification that no further DUI arrest takes place within a particular timespan as mandated by the court.

If, nevertheless, there were aggravated situations, there is little chance a plea deal or the dropping of charges will happen. By aggravated situations, we imply a child remaining in the cars and truck, a BAC of.15 or higher, or injuries happened related to the DUI.

In the state of Florida, both prison sentences and fines increase substantially as well as possibly being mandatory when aggravated situations remain in play.

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

First and foremost, you need to choose if you wish to work with a New Smyrna BeachDUI attorney or work with a public protector (if you qualify). While the general public defenders here in Florida are excellent 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 choose your public protector, as the court chooses who is assigned the case.

Since your initial consultation with Smith & Eulo is totally free, you have no danger to at least let our group evaluate your case. You may likewise wish to think about some extra factors in terms of the advantages of using a private attorney over a private New Smyrna Beach DUI attorney.

The majority of public defenders are considered jack-of-all-trades attorneys. They will typically have a vast array of customers at any provided time. Point being, while they are fully versed in the laws, they do not focus on any one particular location, something of which most personal attorneys do. Sometimes, a New Smyrna Beach DUI attorney will capture something small that may have been missed out on by a public protector. While small, nevertheless, it could be the difference in having the case dismissed and dealing with the maximum penalties enabled.

For individuals with demanding schedules, a private attorney can save significant time in the court. With a public protector, you are typically needed to be in court during every appearance. A private attorney, nevertheless, can represent you on some events 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 saying “he who represents himself has a fool for a client” has never ever been truer when it pertains to DUI cases.

Being jailed for a DUI in New Smyrna Beach is stressful enough, don’t contribute to that stress by trying to learn the legal waters on your own. Smith & Eulo has a complete group of a New Smyrna Beach DUI attorneys waiting to assist. Fill out our contact form and a member of our group will be in contact with you ASAP to discuss your case.