What Constitutes a DUI in Florida?

If you have actually been apprehended and charged with a DUI in Port Orange, FL, you are probably going to need an attorney. Smith & Eulo DUI attorneys concentrate on DUI law and our team is here to assist you when needed. Because Florida is a traveler state, we see more than our reasonable share of DUI arrests. If you live here in Florida or are going through, it is sensible to understand the local DUI laws. For example, what makes up a DUI in Florida?

  • If the chauffeur of the automobile has a blood alcohol material of.08 percent or more, he or she is deemed to be driving under the impact
  • Additionally, drivers utilizing chemical substances, unlawful illegal drugs, and/or prescription drugs (such as Oxycodone) can also be thought about under the impact if stopped.

DUI Lawyers Orlando

 

DUI Penalties in Florida

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

1st Offense

  • Up to 9 months in prison
  • 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 elect to pay fine in lieu of hours served).
  • Vehicle took for 10 days.

Second Offense.

  • Up to 9 months in prison.
  • Fines varying from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year mandatory IID.
  • If the conviction is within 5 years of previous DUI, mandatory 10 days jail time and 30-day automobile impoundment.
  • If the conviction is within 5 years of previous DUI, license withdrawed for 5 years.

3rd Offense.

  • Up to one year in jail.
  • Fines varying from $2,000 to $5,0000.
  • 180 to 365-day license suspension.
  • Two-year mandatory IID.
  • If the conviction is within ten years or prior DUI, mandatory 30-day minimum in jail and 30-day automobile impoundment.
  • If the conviction is within ten years or prior DUI, mandatory 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 newbie DUI in Florida is dealt with as a misdemeanor with very little charges given out. Nevertheless, the exception to this is when there are mitigating factors to the arrest, such as an exceptionally high BAC, witnesses pointing out erratic driving, possible error on the BAC reading, and/or an unsuccessful field sobriety test.

Facing these charges alone is risky in either case, so it may be best to employ a DUI Lawyer in Port Orangeto assist protect your case and ensure you get very little charges or perhaps even have the case dismissed.

 

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

If you are looking for a DUI attorney, Port Orange 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 complimentary of charge, so you do not have any financial threat for our team to access the case. When we have all your info, such as the authorities 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 apprehended for a DUI in Port Orange, there is the possibility the charges will be dismissed, however this clearly counts on the facts of the case. For example, an officer may disappoint up in court or procedures throughout the BAC testing were not effectively followed.

In a lot of cases, especially first-time offenses with no irritating scenarios, a plea deal can be reached rather quickly. This helps you avoid excessive charges and fines. In this case, there may, nevertheless, be a specification that no additional DUI arrest happens within a specific time frame as mandated by the court.

If there are worsened scenarios, a plea deal is more than most likely not going to be provided. By worsened scenarios, we imply a BAC of.15 or higher, an accident and/or injury associated to the DUI, or the existence of a child in the vehicle.

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

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

Firstly, you need to choose if you want to employ a Port OrangeDUI lawyer or work with a public protector (if you certify). While the public defenders here in Florida are great attorneys, they also have substantial caseloads. Point being, your case may not always get the attention it should have. Additionally, you don’t get to choose your public protector, as the court chooses who is appointed the case.

Because your preliminary consultation with Smith & Eulo is complimentary, you have no threat to a minimum of let our team assess your case. You may also want to consider some additional factors in terms of the advantages of utilizing a private lawyer over a private Port Orange DUI attorney.

A lot of public defenders are thought about jack-of-all-trades attorneys. They will typically have a large range of clients at any given time. Point being, while they are totally versed in the laws, they do not concentrate on any one particular location, something of which most private attorneys do. Sometimes, a Port Orange DUI lawyer will catch 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 facing the optimum charges enabled.

For individuals with demanding schedules, a private lawyer can save substantial time in the court. With a public protector, you are normally needed to be in court throughout every look. A private lawyer, nevertheless, can represent you on some celebrations without you being physically present in the courtroom.

Something else to consider is that if you do want to take the case to trial, you will need an attorney to do so. The adage “he who represents himself has a fool for a customer” has actually never been truer when it pertains to DUI cases.

Being apprehended for a DUI in Port Orange is stressful enough, don’t contribute to that tension by attempting to learn the legal waters by yourself. Smith & Eulo has a full team of a Port Orange DUI attorneys waiting to assist. Complete our contact form and a member of our team will be in contact with you ASAP to discuss your case.