What Constitutes a DUI in Florida?

If you have been arrested and charged with a DUI in Orange City, FL, you are most likely going to require a lawyer. Smith & Eulo DUI attorneys focus on DUI law and our team is here to assist you when needed. 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 going through, it is sensible to understand the regional DUI laws. For example, what constitutes a DUI in Florida?

  • If the driver of the automobile has a blood alcohol content of.08 percent or more, she or he is deemed to be driving under the influence
  • Furthermore, motorists using chemical compounds, prohibited illegal drugs, 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 arrested for a DUI in Florida, fines and penalties will differ based upon previous arrests and convictions for a DUI. For example, a first-time transgressor will face up to an one-year license suspension, whereas a third-time transgressor with an offense in the last ten years will face up to a 10-year suspension.

1st Offense

  • Approximately 9 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).
  • Car seized for 10 days.

2nd Offense.

  • Approximately 9 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 prior DUI, obligatory 10 days jail time and 30-day automobile impoundment.
  • If the conviction is within five years of prior DUI, license revoked for five years.

3rd Offense.

  • Approximately one year in jail.
  • 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 jail and 30-day automobile 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 treated as a misdemeanor with minimal penalties distributed. However, the exception to this is when there are mitigating elements to the arrest, such as a very high BAC, witnesses citing unpredictable driving, possible error on the BAC reading, and/or a failed field sobriety test.

Either way, facing a DUI on your own is a dangerous relocation, so it may be best to employ a DUI Lawyer in Orange City to make sure minimal fines or possibly even having the case dismissed outright.


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

If you are searching for a DUI attorney, Orange City attorneys 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 totally free of charge, so you do not have any monetary danger for our team to access the case. As soon as we have all your info, such as the cops reports and your statement, we will have the ability to offer you a much better price quote as to what your defense will cost.

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

If arrested for a DUI in Orange City, there are many reasons that the case may be dropped. For example, maybe the breathalyzer service technician did not follow specific procedures when performing the test. This is simply among lots of reasons that might result in the charges being dismissed outright.

In most cases, particularly first-time offenses with no aggravating scenarios, a plea offer can be reached rather rapidly. This assists you prevent extreme penalties and fines. In this case, there may, however, be a terms that no more DUI arrest happens within a specific amount of time as mandated by the court.

If there are exacerbated scenarios, a plea offer is more than likely not going to be provided. By exacerbated scenarios, we indicate a BAC of.15 or greater, an accident and/or injury related to the DUI, or the existence of a child in the vehicle.

It should be kept in mind, both fines and possible jail time, along with penalties, are significantly increased when these kinds of scenarios exist.

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

If you are charged with a DUI, you will have to decide if you wish to be represented by a public protector or a private attorney. A lot of public attorneys in Florida are very good attorneys, however the downside is they have extremely heavy caseloads. Point being, you may not get the one-on-one time needed to appropriately protect the case. Something else to think about is that when you utilize a public protector, you have no say in the attorney appointed to your case.

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

While a public protector is an all-around attorney out of requirement, a legal firm will have Orange CityDUI attorneys specializing in this type of law. In other words, customers can feel confident their Orange CityDUI attorney is a true specialist in this specific niche of law. In cases where a public protector may ask you to plead, a private attorney may see a chance to go to trial and have the charges totally dismissed.

For people with demanding schedules, a private attorney can conserve significant time in the court. With a public protector, you are typically required to be in court throughout every look. A private attorney, however, 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 require a lawyer to do so. The adage “he who represents himself has a fool for a customer” has actually never been truer when it comes to DUI cases.

Being arrested for a DUI in Orange City is difficult enough, do not add to that tension by attempting to wade through the legal waters on your own. Smith & Eulo has a full team of a Orange City DUI attorneys waiting to assist. Complete our contact form and a member of our team will touch with you ASAP to discuss your case.