What Constitutes a DUI in Florida?

If you have been jailed and charged with a DUI in Saint Cloud, FL, you are most likely going to require an attorney. Smith & Eulo DUI attorneys focus on DUI law and our team is here to assist you when required. Given that Florida is a tourist state, we see more than our reasonable share of DUI arrests. If you live here in Florida or are travelling through, it is sensible to understand the local DUI laws. For instance, what constitutes 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 impact
  • Additionally, chauffeurs utilizing chemical substances, unlawful controlled substances, and/or prescription drugs (such as Oxycodone) can likewise be thought about under the impact if stopped.

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DUI Penalties in Florida

If you are jailed for a DUI in Florida, fines and penalties will differ based on previous arrests and convictions for a DUI. For instance, a newbie culprit will face up to a 1 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

  • Approximately 9 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).
  • Automobile impounded for 10 days.

Second Offense.

  • Approximately 9 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 vehicle 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 vehicle 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 most cases, a newbie DUI in Florida is dealt with as a misdemeanor with very little penalties distributed. Nevertheless, the exception to this is when there are alleviating elements 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.

In any case, dealing with a DUI by yourself is a risky move, so it may be best to hire a DUI Attorney in Saint Cloud to make sure very little fines or potentially even having the case dismissed outright.


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

If you are searching for a DUI lawyer, Saint Cloud lawyers all charge in a different way. Some will charge by the hour while others will charge a flat charge for their services. At Smith & Eulo Law Firm, your preliminary consultation is complimentary of charge, so you do not have any monetary danger for our team to access the case. When we have all your info, such as the cops reports and your declaration, we will have the ability to give 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 Saint Cloud, there are many reasons why the case may be dropped. For instance, perhaps the breathalyzer service technician did not follow specific treatments when performing the test. This is just among numerous factors that might result in the charges being dismissed outright.

There may likewise be a circumstance where the DUI itself is not dropped but pleading out to lesser charges is possible. Sometimes, this can assist prevent extreme fines, penalties, and prison time as long as there are no further arrests during a court-specified time.

If, however, there were worsened scenarios, there is little chance a plea bargain or the dropping of charges will happen. By worsened scenarios, we indicate a kid being in the car, a BAC of.15 or greater, or injuries took place related to the DUI.

In the state of Florida, both prison sentences and fines go up significantly along with potentially being mandatory when worsened scenarios are in play.

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

If you are charged with a DUI, you will have to choose if you want to be represented by a public defender or a private attorney. Most public attorneys in Florida are excellent attorneys, but the drawback is they have exceptionally heavy caseloads. Point being, you may not get the one-on-one time required to appropriately protect the case. Something else to think about is that when you utilize a public defender, you have no say in the attorney designated to your case.

Given that your preliminary consultation with Smith & Eulo is complimentary, you have no danger to a minimum of let our team examine your case. You may likewise want to think about some extra factors in regards to the benefits of utilizing a private attorney over a private Saint Cloud DUI lawyer.

While a public defender is a well-rounded attorney out of necessity, a legal company will have Saint CloudDUI attorneys specializing in this type of law. In other words, clients can rest assured their Saint CloudDUI lawyer is a true professional in this specific niche of law. In cases where a public defender may ask you to plead, a private attorney may see a chance to go to trial and have the charges completely dismissed.

For people with requiring schedules, a private attorney can conserve substantial time in the court. With a public defender, you are typically required to be in court during every look. A private attorney, however, can represent you on some celebrations without you being physically present in the courtroom.

If you are dead set on taking the case to trial, you will absolutely require to have a certified DUI attorney safeguarding you. The only other choice is to protect yourself and as Abraham Lincoln as soon as said, “he who represents himself has a fool for a customer”.

Being jailed for a DUI in Saint Cloud is difficult enough, do not contribute to that tension by attempting to wade through the legal waters by yourself. Smith & Eulo has a complete team of a Saint Cloud DUI attorneys waiting to assist. Complete our contact form and a member of our team will touch with you ASAP to discuss your case.