What Constitutes a DUI in Florida?

If you have been arrested and charged with a DUI in Oviedo, FL, you are most likely going to need a lawyer. Smith & Eulo DUI lawyers specialize in DUI law and our group is here to assist you when needed. Considering that Florida is a tourist 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 comprehend the local DUI laws. For example, what constitutes a DUI in Florida?

  • If the driver of the car has a blood alcohol content of.08 percent or more, she or he is considered to be driving under the influence
  • Additionally, chauffeurs utilizing chemical compounds, prohibited 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 arrested for a DUI in Florida, fines and penalties will vary based upon previous arrests and convictions for a DUI. For example, a first-time culprit will face up to an one-year license suspension, whereas a third-time culprit with an offense in the last 10 years will face up to a 10-year suspension.

1st Offense

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


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

If there are no aggravating circumstances, there is an excellent opportunity the case will be dealt with as a misdemeanor and you will only face minimal fines and penalties. If that is the case, you may select to take the plea and not use a lawyer. Nevertheless, if there were aggravating circumstances, such as a kid in the automobile, you will absolutely need a lawyer to defend you.

Dealing with these charges alone is dangerous in either case, so it may be best to employ a DUI Attorney in Oviedoto assist defend your case and ensure you get minimal penalties or perhaps even have the case dismissed.


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

If you are trying to find a DUI attorney, Oviedo 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 Office, your initial assessment is complimentary of charge, so you do not have any monetary threat for our group to access the case. When we have all your info, such as the authorities reports and your statement, we will be able to offer 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 Oviedo, there are numerous reasons why the case may be dropped. For example, maybe the breathalyzer specialist did not follow specific treatments when performing the test. This is simply one of numerous reasons that might result in the charges being dismissed outright.

In most cases, particularly first-time offenses with no aggravating circumstances, a plea deal 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 particular amount of time as mandated by the court.

If there are intensified circumstances, a plea deal is more than most likely not going to be used. By intensified circumstances, we mean a BAC of.15 or higher, a mishap and/or injury associated to the DUI, or the presence of a kid in the automobile.

In the state of Florida, both prison sentences and fines increase significantly as well as perhaps being necessary when intensified circumstances are in play.

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

Most importantly, you need to decide if you wish to employ a OviedoDUI lawyer or deal with a public protector (if you qualify). While the general public protectors here in Florida are great lawyers, they likewise have substantial caseloads. Point being, your case may not constantly get the attention it deserves. Additionally, you do not get to pick your public protector, as the court decides who is designated the case.

As stated above, your initial assessment with Smith & Eulo is complimentary, so there is no threat to have the case examined. Additionally, there are numerous advantages in having hired a private lawyer.

The majority of public protectors are thought about jack-of-all-trades lawyers. They will usually have a wide range of clients at any given time. Point being, while they are completely versed in the laws, they do not specialize in any one specific location, something of which most personal lawyers do. Sometimes, a Oviedo DUI lawyer will capture something small that may have been missed out on by a public protector. While small, however, it might be the difference in having the case dismissed and facing the optimum penalties enabled.

For individuals with requiring schedules, a private lawyer can conserve significant time in the court. With a public protector, you are generally required to be in court throughout every look. A personal lawyer, however, can represent you on some celebrations 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 a lawyer to do so. The adage “he who represents himself has a fool for a client” has never been truer when it concerns DUI cases.

Being arrested for a DUI in Oviedo is difficult enough, do not contribute to that tension by trying to wade through the legal waters on your own. Smith & Eulo has a complete group of a Oviedo DUI lawyers waiting to assist. Fill out our contact form and a member of our group will touch with you ASAP to discuss your case.