What Constitutes a DUI in Florida?

If you have been arrested and charged with a DUI in West Eau Gallie, FL, you are probably going to need a lawyer. Smith & Eulo DUI lawyers specialize in DUI law and our group is here to help you when required. Considering that 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 sensible to understand the regional DUI laws. For instance, what constitutes a DUI in Florida?

  • If the chauffeur of the vehicle has a blood alcohol content of.08 percent or more, he or she is considered to be driving under the impact
  • Furthermore, chauffeurs using chemical substances, unlawful 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

If you are arrested for a DUI in Florida, fines and penalties will differ based upon previous arrests and convictions for a DUI. For instance, a novice offender will face up to an one-year license suspension, whereas a third-time offender with an offense in the last ten years will face up to a 10-year suspension.

First Offense

  • Approximately 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).
  • Lorry impounded for 10 days.

2nd Offense.

  • Approximately 9 months in jail.
  • Fines varying from $1,000 to $2,000.
  • 180 to 365-day license suspension.
  • Two-year compulsory IID.
  • If the conviction is within five years of previous DUI, compulsory 10 days jail 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 jail.
  • Fines varying from $2,000 to $5,0000.
  • 180 to 365-day license suspension.
  • Two-year compulsory IID.
  • If the conviction is within ten years or prior DUI, compulsory 30-day minimum in jail and 30-day vehicle impoundment.
  • If the conviction is within ten years or prior DUI, compulsory license revocation for ten years.


Do You Need a Lawyer for First Time DUI?

Darryl R. Smith, Esq. - DUI Lawyer

In most cases, a novice DUI in Florida is dealt with as a misdemeanor with minimal penalties handed out. However, the exception to this is when there are reducing factors to the arrest, such as an extremely high BAC, witnesses mentioning unpredictable driving, possible mistake on the BAC reading, and/or a failed field sobriety test.

Facing these charges alone is dangerous in any case, so it might be best to employ a DUI Lawyer in West Eau Gallieto help defend your case and ensure you get minimal penalties or possibly even have the case dismissed.


How Much Does It Cost to Hire a DUI Lawyer in West Eau Gallie, FL?

If you are searching for a DUI legal representative, West Eau Gallie legal representatives all charge in a different way. Some will charge by the hour while others will charge a flat fee for their services. At Smith & Eulo Law Firm, your preliminary consultation is totally free of charge, so you do not have any financial danger for our group to access the case. As soon as we have all your details, such as the cops reports and your declaration, we will be able to provide you a much better estimate regarding what your defense will cost.

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

If arrested for a DUI in West Eau Gallie, there is the possibility the charges will be dismissed, but this clearly relies on the facts of the case. For instance, an officer might disappoint up in court or procedures during the BAC testing were not effectively followed.

In most cases, specifically novice offenses without any irritating situations, a plea offer can be reached rather quickly. This assists you prevent excessive penalties and fines. In this case, there might, however, be a terms that no further DUI arrest happens within a particular timespan as mandated by the court.

If there are aggravated situations, a plea offer is more than most likely not going to be used. By aggravated 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.

It should be kept in mind, both fines and possible jail time, along with penalties, are substantially increased when these types of situations are present.

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

If you are charged with a DUI, you will have to choose if you wish to be represented by a public defender or a personal lawyer. The majority of public lawyers in Florida are excellent lawyers, but the downside is they have very heavy caseloads. Point being, you might not get the one-on-one time required to effectively defend the case. Something else to consider is that when you use a public defender, you have no say in the lawyer appointed to your case.

As mentioned above, your preliminary consultation with Smith & Eulo is totally free, so there is no danger to have the case evaluated. Furthermore, there are various advantages in having actually hired a personal lawyer.

While a public defender is a well-rounded lawyer out of need, a legal company will have West Eau GallieDUI lawyers focusing on this kind of law. To put it simply, clients can rest assured their West Eau GallieDUI legal representative is a true expert in this particular niche of law. In cases where a public defender might ask you to plead, a personal lawyer might see a chance to go to trial and have the charges entirely dismissed.

For people with demanding schedules, a personal lawyer can save significant time in the court. With a public defender, you are usually required to be in court during every look. A private lawyer, however, can represent you on some celebrations without you being physically present in the courtroom.

Something else to consider is that if you do wish 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 client” has actually never ever been truer when it pertains to DUI cases.

Being arrested for a DUI in West Eau Gallie is difficult enough, do not add to that stress by trying to wade through the legal waters by yourself. Smith & Eulo has a complete group of a West Eau Gallie DUI lawyers waiting to help. Complete our contact form and a member of our group will touch with you ASAP to discuss your case.