What Constitutes a DUI in Florida?

If you have actually been jailed and charged with a DUI in Volusia, FL, you are probably going to need a lawyer. Smith & Eulo DUI lawyers concentrate on DUI law and our group is here to help you when required. Considering that Florida is a traveler 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 motorist of the vehicle has a blood alcohol content of.08 percent or more, she or he is considered to be driving under the influence
  • In addition, motorists using chemical compounds, unlawful controlled substances, and/or prescription drugs (such as Oxycodone) can also be thought about under the influence if stopped.

DUI Lawyers Orlando


DUI Penalties in Florida

If you are jailed for a DUI in Florida, fines and charges will differ based on previous arrests and convictions for a DUI. For instance, a novice offender will confront an one-year license suspension, whereas a third-time offender with an offense in the last 10 years will confront a 10-year suspension.

First Offense

  • As much as nine 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 social work (can choose to pay fine in lieu of hours served).
  • Automobile impounded for 10 days.

2nd Offense.

  • As much as nine months in prison.
  • Fines ranging 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 vehicle impoundment.
  • If the conviction is within 5 years of previous DUI, license withdrawed for 5 years.

3rd Offense.

  • As much as one year in jail.
  • 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 jail and 30-day vehicle impoundment.
  • If the conviction is within 10 years or prior DUI, mandatory license revocation for 10 years.


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

Oftentimes, a novice DUI in Florida is treated as a misdemeanor with very little charges handed out. However, the exception to this is when there are alleviating factors to the arrest, such as an incredibly high BAC, witnesses pointing out irregular driving, possible error on the BAC reading, and/or a failed field sobriety test.

Dealing with these charges alone is dangerous either way, so it might be best to employ a DUI Lawyer in Volusiato help 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 Volusia, FL?

If you are searching for a DUI lawyer, Volusia attorneys all charge differently. 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 free of charge, so you do not have any financial danger for our group to access the case. Once we have all your info, such as the authorities reports and your declaration, we will be able to offer you a better price quote regarding what your defense will cost.

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

If jailed for a DUI in Volusia, there is the possibility the charges will be dismissed, but this obviously counts on the realities of the case. For instance, an officer might not show up in court or procedures during the BAC testing were not properly followed.

Oftentimes, especially first-time offenses without any aggravating circumstances, a plea offer can be reached rather rapidly. This assists you prevent extreme charges and fines. In this case, there might, however, be a stipulation that no further DUI arrest takes place within a particular timespan as mandated by the court.

If there are worsened circumstances, a plea offer is more than likely not going to be provided. By worsened circumstances, we suggest a BAC of.15 or greater, a mishap and/or injury related to the DUI, or the presence of a child in the cars and truck.

In the state of Florida, both jail sentences and fines increase significantly in addition to perhaps being mandatory when worsened circumstances remain in play.

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

First and foremost, you need to decide if you want to employ a VolusiaDUI attorney or work with a public protector (if you qualify). While the general public protectors here in Florida are great lawyers, they also have considerable caseloads. Point being, your case might not always get the attention it is worthy of. In addition, you don’t get to pick your public protector, as the court chooses who is designated the case.

As mentioned above, your preliminary consultation with Smith & Eulo is free, so there is no danger to have actually the case assessed. In addition, there are various advantages in having actually employed a personal attorney.

While a public protector is an all-around attorney out of need, a legal firm will have VolusiaDUI lawyers specializing in this type of law. To put it simply, customers can rest assured their VolusiaDUI lawyer is a true specialist in this specific niche of law. In cases where a public protector might ask you to plead, a personal attorney might see a chance to go to trial and have the charges totally dismissed.

If you have a busy schedule, a DUI lawyer in Volusia is a far much better option. Normally, with a public protector, you will have to make every appearance, which probably indicates missed time at work. With a personal attorney, however, you need not be present all the time, as the attorney can represent you for a few of these preliminary hearings.

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

Being jailed for a DUI in Volusia is stressful enough, don’t add to that stress by trying to learn the legal waters by yourself. Smith & Eulo has a complete group of a Volusia DUI lawyers waiting to help. Submit our contact form and a member of our group will touch with you ASAP to discuss your case.