What Constitutes a DUI in Florida?

If you have been jailed and charged with a DUI in West DeLand, FL, you are most likely going to need a lawyer. Smith & Eulo DUI attorneys concentrate on DUI law and our team is here to assist you when required. Since Florida is a tourist state, we see more than our fair share of DUI arrests. If you live here in Florida or are passing through, it is sensible to comprehend the local DUI laws. For instance, what constitutes a DUI in Florida?

  • If the motorist of the car has a blood alcohol material of.08 percent or more, she or he is deemed to be driving under the influence
  • Additionally, motorists utilizing chemical substances, 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 penalties will vary based upon previous arrests and convictions for a DUI. For instance, a novice wrongdoer will confront an one-year license suspension, whereas a third-time wrongdoer with an offense in the last ten years will confront a 10-year suspension.

First Offense

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

Second Offense.

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

3rd Offense.

  • As much as 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 car 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

If there are no aggravating situations, there is a very good chance 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 utilize a lawyer. Nevertheless, if there were aggravating situations, such as a kid in the automobile, you will absolutely need a lawyer to defend you.

Dealing with these charges alone is risky in any case, so it may be best to hire a DUI Lawyer in West DeLandto 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 West DeLand, FL?

If you are searching for a DUI legal representative, West DeLand legal representatives 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 Office, your initial assessment is totally free of charge, so you do not have any monetary threat for our team to access the case. As soon as we have all your details, such as the authorities reports and your statement, we will have the ability to provide 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 West DeLand, there are many reasons the case may be dropped. For instance, perhaps the breathalyzer service technician did not follow specific procedures when carrying out the test. This is simply one of numerous factors that could result in the charges being dismissed outright.

There may also be a scenario where the DUI itself is not dropped however pleading out to lesser charges is possible. In many cases, this can assist prevent extreme fines, penalties, and prison time as long as there are no more arrests during a court-specified time.

If there are intensified situations, a plea offer is more than likely not going to be offered. By intensified situations, we suggest a BAC of.15 or higher, an accident and/or injury associated to the DUI, or the existence of a kid in the automobile.

In the state of Florida, both prison sentences and fines go up significantly in addition to possibly being necessary when intensified situations remain in play.

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

Most importantly, you need to decide if you want to hire a West DeLandDUI attorney or deal with a public defender (if you qualify). While the public defenders here in Florida are great attorneys, they also have considerable caseloads. Point being, your case may not constantly get the attention it deserves. Additionally, you don’t get to select your public defender, as the court chooses who is appointed the case.

Since your initial assessment with Smith & Eulo is totally free, you have no threat to at least let our team examine your case. You may also want to consider some extra factors in terms of the advantages of utilizing a private attorney over a private West DeLand DUI legal representative.

Many public defenders are thought about jack-of-all-trades attorneys. They will typically have a vast array of customers at any offered time. Point being, while they are completely versed in the laws, they do not concentrate on any one particular area, something of which most personal attorneys do. In many cases, a West DeLand DUI attorney will capture something minor that may have been missed by a public defender. While minor, nevertheless, it could be the distinction in having the case dismissed and dealing with the maximum penalties permitted.

For people with demanding schedules, a private attorney can conserve significant time in the court. With a public defender, you are usually required to be in court during every appearance. A personal attorney, 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 certified DUI attorney protecting you. The only other alternative is to defend yourself and as Abraham Lincoln once said, “he who represents himself has a fool for a customer”.

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