What Constitutes a DUI in Florida?

If you have actually been arrested and charged with a DUI in West Melbourne, FL, you are probably going to require a lawyer. Smith & Eulo DUI attorneys specialize in DUI law and our team is here to help 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 going through, it is sensible to comprehend the local DUI laws. For example, what constitutes a DUI in Florida?

  • If the driver of the lorry has a blood alcohol material of.08 percent or more, he or she is deemed to be driving under the impact
  • Additionally, motorists utilizing chemical compounds, illegal illegal drugs, and/or prescription drugs (such as Oxycodone) can also be thought about under the impact if stopped.

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DUI Penalties in Florida

If you are arrested for a DUI in Florida, fines and penalties will vary based on previous arrests and convictions for a DUI. For example, a first-time transgressor will confront a 1 year license suspension, whereas a third-time transgressor 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 community service (can choose to pay fine in lieu of hours served).
  • Car impounded for 10 days.

Second 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 prior DUI, mandatory 10 days jail time and 30-day lorry impoundment.
  • If the conviction is within 5 years of prior 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 lorry 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 a lot of cases, a first-time DUI in Florida is treated as a misdemeanor with minimal penalties handed out. Nevertheless, the exception to this is when there are alleviating elements to the arrest, such as an incredibly high BAC, witnesses pointing out erratic driving, possible mistake on the BAC reading, and/or an unsuccessful field sobriety test.

Either way, facing a DUI by yourself is a dangerous relocation, so it may be best to work with a DUI Attorney in West Melbourne to guarantee minimal fines or possibly even having the case dismissed outright.


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

If you are looking for a DUI attorney, West Melbourne 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 assessment is complimentary of charge, so you do not have any monetary threat for our team to access the case. As soon as we have all your information, 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 arrested for a DUI in West Melbourne, there are many reasons why the case may be dropped. For example, possibly the breathalyzer service technician did not follow specific procedures when carrying out the test. This is simply among numerous factors that might lead to the charges being dismissed outright.

There may also be a circumstance where the DUI itself is not dropped however pleading out to lesser charges is possible. In some cases, this can help avoid excessive fines, penalties, and jail time as long as there are no additional arrests throughout a court-specified time.

If there are intensified scenarios, a plea deal is more than likely not going to be provided. By intensified scenarios, we mean a BAC of.15 or higher, a mishap and/or injury related to the DUI, or the existence of a kid in the automobile.

In the state of Florida, both jail sentences and fines go up significantly in addition to possibly being mandatory when intensified scenarios are in play.

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

Firstly, you require to choose if you want to work with a West MelbourneDUI lawyer or work with a public defender (if you qualify). While the public defenders here in Florida are great attorneys, they also have significant caseloads. Point being, your case may not always get the attention it deserves. Additionally, you don’t get to pick your public defender, as the court decides who is assigned the case.

As specified above, your preliminary assessment with Smith & Eulo is complimentary, so there is no threat to have actually the case examined. Additionally, there are many advantages in having actually hired a personal lawyer.

Many public defenders are thought about jack-of-all-trades attorneys. They will usually have a large range of customers at any offered time. Point being, while they are totally versed in the laws, they do not specialize in any one particular location, something of which most private attorneys do. In some cases, a West Melbourne DUI lawyer will catch something minor that may have been missed by a public defender. While minor, nevertheless, it might be the distinction in having the case dismissed and facing the optimum penalties permitted.

For individuals with requiring schedules, a personal lawyer can conserve substantial time in the court. With a public defender, you are generally required to be in court throughout every appearance. A personal lawyer, nevertheless, can represent you on some events without you being physically present in the courtroom.

If you are dead set on taking the case to trial, you will definitely require to have a certified DUI lawyer protecting you. The only other option is to safeguard yourself and as Abraham Lincoln once said, “he who represents himself has a fool for a customer”.

Being arrested for a DUI in West Melbourne is demanding enough, don’t contribute to that stress by attempting to wade through the legal waters by yourself. Smith & Eulo has a complete team of a West Melbourne DUI attorneys waiting to help. Submit our contact form and a member of our team will be in contact with you ASAP to discuss your case.