What Constitutes a DUI in Florida?

If you have actually been apprehended and charged with a DUI in South Daytona, FL, you are most likely going to need a lawyer. Smith & Eulo DUI attorneys focus on DUI law and our team is here to assist you when needed. Because Florida is a tourist state, we see more than our reasonable share of DUI arrests. If you live here in Florida or are going through, it is prudent to comprehend the local DUI laws. For example, what constitutes a DUI in Florida?

  • If the chauffeur of the lorry has a blood alcohol material of.08 percent or more, she or he is considered to be driving under the impact
  • In addition, motorists using chemical substances, prohibited controlled substances, and/or prescription drugs (such as Oxycodone) can likewise be thought about under the impact if stopped.

DUI Lawyers Orlando

 

DUI Penalties in Florida

DUI fines and penalties in Florida are severe and if there are worsening situations, things get considerably worse for anybody founded guilty. For example, a license suspension goes from as much as one year to a necessary 5 years if the 2nd DUI is within 5 years of the prior arrest. Here is a complete rundown of the existing Florida DUI fines and penalties:

1st Offense

  • Up to 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 took for 10 days.

2nd Offense.

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

3rd Offense.

  • Up to one year in prison.
  • Fines varying from $2,000 to $5,0000.
  • 180 to 365-day license suspension.
  • Two-year necessary IID.
  • If the conviction is within ten years or prior DUI, necessary 30-day minimum in prison and 30-day lorry impoundment.
  • If the conviction is within ten years or prior DUI, necessary license cancellation 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 aspects to the arrest, such as an extremely high BAC, witnesses citing irregular driving, possible error on the BAC reading, and/or an unsuccessful field sobriety test.

Dealing with these charges alone is dangerous in any case, so it might be best to hire a DUI Lawyer in South Daytonato assist defend your case and guarantee you get minimal penalties or possibly even have the case dismissed.

 

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

If you are looking for a DUI lawyer, South Daytona attorneys 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 preliminary consultation is free of charge, so you do not have any financial danger for our team to access the case. As soon as we have all your info, such as the police reports and your statement, we will be able to provide you a much better quote regarding what your defense will cost.

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

If apprehended for a DUI in South Daytona, there is the possibility the charges will be dismissed, but this certainly counts on the truths of the case. For example, an officer might disappoint up in court or treatments throughout the BAC testing were not correctly followed.

There might likewise be a scenario 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 more arrests throughout a court-specified time.

If there are worsened situations, a plea deal is more than most likely not going to be used. By worsened situations, we suggest a BAC of.15 or higher, an accident and/or injury related to the DUI, or the presence of a child in the vehicle.

In the state of Florida, both prison sentences and fines increase considerably in addition to possibly being necessary when worsened situations are in play.

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

Primarily, you need to choose if you wish to hire a South DaytonaDUI lawyer or deal with a public protector (if you certify). While the public defenders here in Florida are excellent attorneys, they likewise have considerable caseloads. Point being, your case might not always get the attention it is worthy of. In addition, you do not get to select your public protector, as the court chooses who is appointed the case.

As stated above, your preliminary consultation with Smith & Eulo is free, so there is no danger to have actually the case evaluated. In addition, there are numerous benefits in having employed a personal lawyer.

Most public defenders are thought about jack-of-all-trades attorneys. They will typically have a wide variety of customers at any offered time. Point being, while they are completely versed in the laws, they do not focus on any one specific location, something of which most private attorneys do. Sometimes, a South Daytona DUI lawyer will catch something minor that might have been missed out on by a public protector. While minor, nevertheless, it might be the distinction in having the case dismissed and dealing with the maximum penalties permitted.

For individuals with demanding schedules, a personal lawyer can conserve 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 occasions without you being physically present in the courtroom.

If you are dead set on taking the case to trial, you will absolutely need to have a competent DUI lawyer defending you. The only other option is to defend yourself and as Abraham Lincoln once stated, “he who represents himself has a fool for a customer”.

Being apprehended for a DUI in South Daytona is difficult enough, do not contribute to that tension by attempting to wade through the legal waters on your own. Smith & Eulo has a full team of a South Daytona 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.