What Constitutes a DUI in Florida?

If you have been detained and charged with a DUI in Ocoee, FL, you are probably going to need an attorney. Smith & Eulo DUI attorneys concentrate on DUI law and our group is here to assist you when required. Given that Florida is a traveler state, we see more than our fair share of DUI arrests. If you live here in Florida or are passing through, it is prudent to understand the regional DUI laws. For example, what makes up a DUI in Florida?

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

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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 first-time culprit will confront a 1 year license suspension, whereas a third-time culprit with an offense in the last ten years will confront a 10-year suspension.

First Offense

  • As much as 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 elect to pay fine in lieu of hours served).
  • Vehicle seized for 10 days.

Second Offense.

  • As much as nine months in jail.
  • Fines ranging from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year obligatory IID.
  • If the conviction is within five years of prior DUI, obligatory 10 days prison time and 30-day vehicle impoundment.
  • If the conviction is within five years of prior DUI, license revoked for five years.

3rd Offense.

  • As much as one year in prison.
  • Fines ranging 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 cancellation for ten years.


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

In a lot of cases, a first-time DUI in Florida is treated as a misdemeanor with minimal charges handed out. However, the exception to this is when there are reducing factors to the arrest, such as an incredibly high BAC, witnesses pointing out irregular driving, possible error on the BAC reading, and/or an unsuccessful field sobriety test.

In either case, dealing with a DUI by yourself is a risky relocation, so it may be best to work with a DUI Attorney in Ocoee to make sure minimal fines or perhaps even having the case dismissed outright.


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

If you are trying to find a DUI lawyer, Ocoee lawyers all charge differently. Some will charge by the hour while others will charge a flat cost for their services. At Smith & Eulo Law Firm, your preliminary consultation is free of charge, so you do not have any financial threat for our group to access the case. Once we have all your info, such as the police reports and your declaration, we will have the ability to offer you a much better estimate regarding what your defense will cost.

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

If detained for a DUI in Ocoee, there are numerous reasons why the case may be dropped. For example, maybe the breathalyzer service technician did not follow certain treatments when carrying out the test. This is simply among numerous factors that could result in the charges being dismissed outright.

In a lot of cases, specifically novice offenses without any annoying circumstances, a plea deal can be reached rather quickly. This helps you prevent excessive charges and fines. In this case, there may, however, be a stipulation that no further DUI arrest takes place within a specific time frame as mandated by the court.

If, however, there were exacerbated circumstances, there is long shot a plea deal or the dropping of charges will happen. By exacerbated circumstances, we mean a child being in the automobile, a BAC of.15 or greater, or injuries took place associated to the DUI.

In the state of Florida, both prison sentences and fines increase significantly as well as perhaps being obligatory when exacerbated circumstances remain in play.

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

If you are charged with a DUI, you will need to choose if you want to be represented by a public defender or a personal attorney. A lot of public attorneys in Florida are very good attorneys, but the disadvantage is they have extremely heavy caseloads. Point being, you may not get the individually time required to properly protect the case. Something else to think about is that when you utilize a public defender, you have no say in the attorney appointed to your case.

As mentioned above, your preliminary consultation with Smith & Eulo is free, so there is no threat to have the case evaluated. In addition, there are numerous benefits in having worked with a personal attorney.

A lot of public protectors are thought about jack-of-all-trades attorneys. They will generally have a wide range of customers at any offered time. Point being, while they are totally versed in the laws, they do not concentrate on any one particular location, something of which most personal attorneys do. In some cases, a Ocoee DUI attorney will capture something small that may have been missed out on by a public defender. While small, however, it could be the distinction in having the case dismissed and dealing with the maximum charges allowed.

If you have a busy schedule, a DUI lawyer in Ocoee is a far much better alternative. Generally, with a public defender, you will need to make every appearance, which probably 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.

Something else to think about is that if you do want 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 customer” has never been truer when it pertains to DUI cases.

Being detained for a DUI in Ocoee is demanding enough, don’t add to that tension by attempting to wade through the legal waters by yourself. Smith & Eulo has a complete group of a Ocoee 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.