April 6, 2021  ·  Uncategorized

DUI Lawyers in Jacksonville, FL

jacksonville fl dui lawyers

Because of the extreme danger posed by impaired drivers, being charged with DUI in Jacksonville is a serious criminal offense that is punished to the fullest extent of the law in the state of Florida. Even a first offense by someone with no criminal record can result in thousands of dollars in fines, suspended driving privileges and even jail time. Your chances for a successful outcome defending against charges of driving under the influence is greatly improved by retaining the services of an experienced Jacksonville DUI lawyer who is well versed in Florida’s drunk driving statutes.

What is a DUI Charge?

In simple terms, driving under the influence

 is defined as operating a motor vehicle with blood alcohol concentration (BAC) level of 0.08% or greater or being perceived as impaired when behind the wheel. The severity of a DUI charge depends on a variety of factors that could both affect and increase penalties for the offense.

Determining intoxication or impairment level is done through a number of different avenues:

  • Field Sobriety Tests: The first and most direct approach is a field sobriety test conducted by an officer of the law after a traffic or DUI checkpoint stop. This test consists of a number of physical actions requiring fine motor skills and highly difficult for someone who is impaired to perform.
  •  Breathalyzer Tests: Along with a field sobriety test, a portable breathalyzer test may be conducted at the location of the traffic stop.
  •  Blood/Urine Tests: All 50 states have implied consent laws which dictate that a person who has been arrested on a DUI charge must submit to a chemical test to determine BAC level and to detect other intoxicants.
  • This includes breathalyzer tests, but also encompasses other types of tests.
  • A blood test is considered the most effective way to determine intoxication level and presence of other alcohol and narcotics in the system.

Penalties for Driving Under the Influence in Jacksonville, FL

First Time DUI Offenses

Because of the seriousness of DUI offenses in the state of Florida, even a first-time offender with no other criminal record can find themselves facing the possibility of

 up to six months jail time

. This sentence could increase to 9 months in jail for BAC levels exceeding 0.15%. Additional penalties for a first time DUI offense include:

  •      Suspension of driving privileges for as much as one year
  •      Up to $1,000 in fines and penalties
  •      Installation of an Ignition Interlock Device (IID) at the expense of the driver
  •      Community Service
  •      DUI School or other substance abuse treatment programs

Multiple DUI Offenses

It is a sad fact that often a single DUI offense, with its severe penalties and consequences, is not enough to discourage some drivers from offending again.

A 2nd DUI conviction within five years of the first offense comes with decidedly harsher repercussions such as:

  •      Up to a year in jail
  •      As much as $4,000 in fines
  •      Suspension of driving privileges for as long as five years
  •      Impoundment of the vehicle in question for up to one month
  •      Probation for up to 1 year
  •      Mandatory IID installation at driver’s expense
  •      DUI school or other substance abuse treatment programs

A 3rd DUI conviction within 10 years carries penalties including:

  •      Up to 5 years in Florida state prison
  •      $5,000 in fines
  •      Suspension of driving privileges for up to ten years
  •      Vehicle impoundment for 3 months
  •      Five years of probation
  •      2 years of mandatory IID installation and use
**Any conviction for driving under the influence in the state of Florida past a 3rd is automatically elevated to a 3rd degree felony, punishable by five years in prison and $5,000 in fines.**

Underaged DUIs in Jacksonville, FL

Driving Under the Influence (DUI) jacksonville FL lawyers

There is a clear-cut zero tolerance policy toward underaged drivers in Jacksonville and the state of Florida. Any measurable level of intoxication in persons under the age of 21 rises to the level of DUI offense in Florida. While this law is well intentioned and designed to curb underage drinking, it can often do more harm than good as it can lead to outsized repercussions that follow a young person for life. Defending Against DUI Charges Due to the nature of DUI testing, there is invariably room to call into question the veracity of every aspect of an arrest on a charge of driving under the influence. Even if a person’s test result reveals a BAC under the legal limit, a police officer can still conduct an arrest on a person they believe is impaired despite the results of a chemical test. From the officer having probable cause to pull the defendant over, to the accuracy of

 any chemical tests

, to procedural mistakes made during the arrest, the lawyers at Smith & Eulo have years of experience fighting DUI charges to draw from. With so much at stake, it is imperative that you reach out to the

Smith & Eulo Law Firm

as soon as possible so that the evidence against you can be thoroughly examined and a defense strategy can be formed, rest assured we have some of the best DUI lawyers in the Jacksonville area and our legal team of experienced DUI lawyers . Call Smith & Eulo today your free DUI consultation:

904-714-4405

Here are some additional legal resources in the Jacksonville area to help you navigate your legal situation.

We Serve Jacksonville, FL

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March 23, 2021  ·  Uncategorized

DUI Lawyer in Tampa, Florida

[fusion_builder_container hundred_percent="no" hundred_percent_height="no" hundred_percent_height_scroll="no" hundred_percent_height_center_content="yes" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" status="published" publish_date="" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" enable_mobile="no" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" video_preview_image="" border_color="" border_style="solid" margin_top="" margin_bottom="" padding_top="" padding_right="" padding_bottom="" padding_left="" type="legacy"][fusion_builder_row][fusion_builder_column type="2_3" layout="1_1" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_image_id="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_color="" border_style="solid" border_position="all" border_radius="" box_shadow="no" dimension_box_shadow="" box_shadow_blur="0" box_shadow_spread="0" box_shadow_color="" box_shadow_style="" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="false" border_sizes_top="0" border_sizes_bottom="0" border_sizes_left="0" border_sizes_right="0" first="true" spacing_right=""][fusion_text columns="" column_min_width="" column_spacing="" rule_style="default" rule_size="" rule_color="" content_alignment_medium="" content_alignment_small="" content_alignment="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" margin_top="" margin_right="" margin_bottom="" margin_left="" font_size="" fusion_font_family_text_font="" fusion_font_variant_text_font="" line_height="" letter_spacing="" text_color="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""] Driving under the influence in Florida is a very serious, potentially deadly act that is treated with the utmost seriousness by law enforcement and the Florida legal system. You cannot have it expunged. You cannot have it sealed, or covered up. Being convicted of a DUI offense in the state of Florida is a charge that will remain on your record for 75 years. When you have been found guilty of a DUI charge, even as a first offender, a judge can and will impose a wide array of penalties. 

DUI Lawyer in FL

The Difference Between A DUI and DWI

If someone is driving drunk, or Driving While Intoxicated, that is considered a DWI in the state of Florida.  DUI stands for Driving Under the Influence and refers to operating a vehicle, any vehicle, even a bicycle, while under the influence of any substance, alcohol, or drugs, legal or illegal that renders the operator impaired. Pain pills, sleeping aids, and even allergy medication can conceivably render a person incapable of safely operating a motor vehicle. While it is true that people use the two terms interchangeably, DUI/DWI laws both have similar consequences and should be avoided at all costs.

What Happens When I Drive Under the Influence in Florida?

While every case is different, even a first-time DUI offense carries the very real possibility of jail time.  This is deliberate, as there are no minor incidents of driving drunk. Each and every time someone gets behind the wheel under the influence of anything that causes them to be impaired, they are risking their own lives and the lives of anyone they encounter. For this reason, first-time DUI offenses in the state of Florida, while not the harshest in the country, are extremely stiff.

First-Time DUI Offense in Tampa, FL

The consequences of a first-offense DUI charge in Tampa include:
  • Impounding the vehicle
  • Suspension of the driver’s license
  • A fine of as much as $1000
  • Up to six months in jail 
There are no mandatory minimums for most first-time DUI offenders, but there are extenuating circumstances that increase the severity of a first offense.  A first offender could receive as much as nine months behind bars and a fine of up to $2000 for:
  • Having a Blood Alcohol Content (BAC) of 0.15% or higher 
  • Having a passenger in the care under 18 years old at the time
Being involved in a car crash that causes property damage or minor injuries could bring one year in jail, while being involved in a crash that causes serious bodily injury could bring as much as five years in jail and a fine of up to $5000.  All first-time DUI offenders face mandatory probation time and community service of no less than 50 hours. Barring undue circumstances, the combination of jail time and probation time should not exceed a year.  A BAC of 0.08% or more comes with an additional mandate of an ignition interlock device at the discretion of the judge. With a BAC of 0.15%, or if there was a passenger under the age of 18 in the car at the time, the judge must impose a mandatory minimum of six months with an IID upon the convicted driver.

Multiple DUI Offenses in Tampa, FL

A single DUI charge is serious—but repeat offenses bring increasingly severe consequences. In Florida and many other states, penalties escalate with each offense, including hefty fines, extended license suspensions, mandatory jail time, and even felony charges for a third DUI. A second DUI within five years can trigger mandatory jail time, ignition interlock device requirements, and license revocation. A third DUI, especially within ten years, may be charged as a felony, significantly impacting your future with lasting legal and personal consequences. For those facing multiple DUI charges, legal representation is crucial. An experienced DUI defense attorney can evaluate your case, challenge the legality of the traffic stop, question the reliability of field sobriety or breathalyzer tests, and examine police conduct. These strategies can reduce or dismiss charges. Beyond legal penalties, DUIs can affect employment, finances, and personal freedoms. A skilled attorney will guide you through the legal process—from arraignment to trial—and help you pursue the best possible outcome. Repeat offenders should seek immediate legal help. Local attorneys familiar with state DUI laws, especially in Florida, can offer a tailored defense strategy and protect your rights. If you’re facing a second or third DUI, don’t navigate it alone. Legal support can make a critical difference in your case’s outcome and your future.

Understanding Field Sobriety Tests

Field sobriety tests (FSTs) are used by law enforcement to assess whether a driver is impaired by alcohol or drugs during a traffic stop or DUI checkpoint. These roadside evaluations are designed to test a driver’s physical coordination, balance, and ability to follow instructions. There are three standardized tests recognized by the National Highway Traffic Safety Administration (NHTSA): the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. The HGN test checks for involuntary eye movement, while the Walk-and-Turn and One-Leg Stand assess balance, coordination, and the ability to follow directions. Although FSTs can provide probable cause for further testing, such as a breathalyzer or blood test, their accuracy is not absolute. Performance may be affected by nervousness, medical conditions, or environmental factors like uneven surfaces. As such, these tests rely heavily on officer interpretation. At DUI checkpoints, drivers may be asked to perform FSTs if officers suspect impairment. While drivers can legally refuse the tests in many states, refusal may raise suspicion or result in legal consequences, including arrest. Failing an FST doesn’t guarantee a DUI conviction, but it often leads to additional testing and possible charges. If arrested, drivers may face penalties like fines, license suspension, or jail time. Understanding how these tests work—and your rights during a stop—can help protect you legally. The best way to avoid complications is to drive sober and know your legal options if you’re stopped.

Refusal of Breath Test

Refusing a breathalyzer test during a DUI stop may seem like a way to avoid charges, but it often leads to serious legal consequences. Under Florida’s implied consent laws, drivers automatically agree to chemical testing when operating a vehicle. Refusing a breath test triggers an automatic license suspension—up to one year for a first refusal and 18 months for repeat offenses. In addition to license suspension, your refusal can be used as evidence of guilt in court, leading prosecutors to argue you declined because you knew you were impaired. Fines, administrative fees, and a potential criminal charge further complicate your legal standing. Refusal is not always better than failing a test. While a failed breathalyzer provides measurable BAC results that can be challenged in court, a refusal offers less room for technical defenses and may lead to harsher penalties, especially for repeat offenders. Legal defenses to breath test refusal charges include questioning the legality of the traffic stop, challenging the officer’s conduct, and arguing that you weren’t properly informed of the consequences. If law enforcement failed to follow protocol, your refusal may be invalidated. If you’ve refused a breath test, it’s critical to speak with a DUI defense attorney immediately. A local lawyer familiar with Florida DUI laws—particularly in cities like Orlando—can evaluate your case, represent you in court, and protect your rights. Don’t navigate this alone—early legal help can mean the difference between license loss and a reduced or dismissed charge.

Prescription Drug DUI Charges

Driving under the influence of prescription drugs is becoming an increasingly serious concern. While many associate DUI with alcohol, prescription medications can also impair driving abilities, leading to legal consequences. Prescription drug DUI charges occur when someone is found impaired due to legally prescribed medications. These medications may affect motor skills, reaction time, and judgment, making driving dangerous. Common medications that impair driving include opioids, benzodiazepines, antidepressants, muscle relaxants, and even antihistamines. These drugs can cause drowsiness, dizziness, and delayed reaction times. Additionally, mixing prescription drugs with alcohol or other substances amplifies impairment, increasing the risk of accidents. The legal consequences for prescription drug DUI are similar to alcohol-related DUIs. Convictions can lead to fines, license suspension, probation, and even jail time. Moreover, a criminal record can have lasting effects on employment, housing, and personal life. To protect yourself, it's crucial to understand the effects of your medications. Consult your doctor or pharmacist about any impairing side effects and avoid driving if necessary. Never mix prescription drugs with alcohol or other substances. Plan ahead for transportation options if you’re taking medications that impair your driving abilities. If charged with a prescription drug DUI, seek legal assistance immediately. A DUI attorney can help navigate the legal process, gather evidence, and ensure your rights are protected. Stay informed, plan ahead, and prioritize safety to avoid prescription drug DUI charges.

Hardship Licenses for Those Convicted of DUI in Florida

For those who have their licenses suspended after a DUI arrest, it is possible to apply for a hardship license that allows limited driving privileges for those who can prove not being allowed to drive would cause undue hardship. 
  • Business Purposes Only Licenses – confines driving privileges to activities associated with one’s livelihood, including:
    • Driving to and from work
    • Driving to and from school
    • On the job driving
    • Medical visits
    • Religious observance
  • Work Purposes Only Licenses – this type of hardship license allows the holder to employment-related driving only
In order to be eligible for a hardship license a person convicted of a DUI in Tampa, FL must enroll in a Tampa DUI school and have proof of enrollment. Before one can receive a hardship license, there must be a hearing at the DHSMV office, where the petition will be heard, the office will determine if the petitioner is a hardship case, and if approved, restrictions will be imposed or privileges will be afforded based on the defense provided.

Penalties for Repeat DUI Offenders in Tampa, FL

Penalties for first-time offenders are as harsh as they are because it is hoped that they will not become repeat DUI offenders. Unfortunately, the nature of driving under the influence dictates some will offend again. As such, harsher penalties are imposed on those who repeatedly flaunt DUI laws.

2nd DUI Offenses in Florida

  • A second DUI arrest within five years comes with a minimum of 10 days in jail upon conviction. 
    • It is possible for a judge to assign rehabilitation instead of jail time.
    • If the 2nd DUI offense comes more than five years after the previous conviction, and if a blood test was refused or a BAC below 0.15% was registered, the possibility of up to nine months in jail exists.
      • There is no mandatory minimum jail time for a 2nd DUI conviction. 
  • If the 2nd DUI arrest is more than five years after the previous conviction, and there a BAC of 0.15% or higher or a minor was in the vehicle, a maximum sentence of 12 months is possible.

3rd DUI Offenses in Florida

  • A third DUI offense within 10 years of the first comes with 30 days minimum in jail upon conviction. A DUI conviction outside of 10 years since the first has no mandatory minimum, but does hold the possibility of up to 12 months in jail.

4th DUI Offenses in Florida

  • Once convicted of a fourth DUI offense in the state of Florida, charges are completely irrelevant to how long ago the previous charges happened. A 4th DUI offense is a felony offense and comes with felon status and confinement in a Florida state prison for as many as five years.
If you have been arrested on a DUI charge, regardless of circumstances or your belief in your innocence, you must hire a Tampa, FL criminal defense attorney. There is a limited amount of time from the date of your arrest to apply for a hardship license, and if not handled properly could seriously impact your ability to earn a living. Not filing a request for a court hearing within 10 days of the date of arrest means your license can be suspended for as long as 18 months.  If you or your loved one are in need of information on DUI, call us at 813-359-8667  to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Tampa office, we have offices in the following cities across the state of Florida: *Additional Orlando Florida & Orange County Legal Resources [/fusion_text][/fusion_builder_column][fusion_builder_column type="1_3" layout="1_1" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_image_id="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_color="" border_style="solid" border_position="all" border_radius="" box_shadow="no" dimension_box_shadow="" box_shadow_blur="0" box_shadow_spread="0" box_shadow_color="" box_shadow_style="" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="true" border_sizes_top="0" border_sizes_bottom="0" border_sizes_left="0" border_sizes_right="0" first="false"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="default" rule_size="" rule_color="" content_alignment_medium="" content_alignment_small="" content_alignment="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" font_size="" fusion_font_family_text_font="" fusion_font_variant_text_font="" line_height="" letter_spacing="" text_color="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]

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December 14, 2020  ·  Uncategorized

DUI Lawyer Near You in Lakeland, FL

Florida Statutes Section 316.193 defines a DUI offense as a crime where a driver is found to have a Blood Alcohol Concentration of 0.08% and above. That means that there is enough alcohol in the bloodstream to impair safe driving abilities significantly. Law enforcement officers can stop any person on the road if they suspect they are Driving Under the Influence (DUI). 
Charges need not be just on the suspicion that you’ve been drinking. You can also get arrested if you’re under the influence of any other drugs or controlled substances that can hamper your judgment on the road. These drugs include prescription medicines, and if they cause impaired vision and muscle movement or delayed response time, you could face serious penalties and even prison time and fines. 

It is Critical that You Respond to DUI Charges Right Away

If the police stop you for a DUI, expect to undergo the field sobriety tests outlined by the National Highway Traffic Safety Administration (NHTSA). Studies show that these casual tests are incorrect around 32% of the time. And, any individual failing the test stands to have their license suspended on the spot. In this situation, you’d want to get in touch with us right away, our lawyers serve Lakeland, FL, Polk County, and beyond and have over 20 years of experience dealing with criminal defense. Our initial consultation is free, don’t hesitate to contact us right now, driving in Florida is not only a privilege but a necessity.
Know that you have just 10 days to request an administrative hearing at the DMV. By proving hardship, you can request to have your driving privileges restored for a 42-day period. However, as the skilled attorneys advise, you must also challenge the charges by filing a formal review hearing. At this time,  the case facts are explored in court, and you have the opportunity to get the charges dropped. Unless that happens, the arrest appears on your permanent record. 

DUI Penalties Depend on Prior Arrests

As in other states in the US, Florida laws are extremely stringent when it comes to DUI. Individuals endanger not just their own life and safety but also risk seriously injuring other people on the road and damaging their property. Each subsequent DUI charge carries harsher sentences.

First DUI Conviction Punishments

  • Imprisonment for up to six months
  • License revocation for at least 180 days or about six months
  • License revocation for at least three years if the accident caused severe bodily harm
  • Monetary fines that may range from $500 to $1,000
  • Mandatory installation of the Ignition Interlock Device (IID) in cases where a BAC is more than 0.15%
An IID is a breath analysis device connected to your car. When installed, you must verify sobriety before you can turn on your engine.

Second DUI Conviction Punishments

  • Imprisonment for at least nine months
  • Mandatory installation of the Ignition Interlock Device for a minimum of 12 months
  • In case the BAC is above 0.15%, the judge may order mandatory installation of the IID for a maximum of two years
  • License revocation for a maximum of one year if the second DUI occurs more than five years after the initial incident
  • Monetary fines that may range from $1,000 to $5,000

Third DUI Conviction Punishments

  • Considered a third degree felony
  • Imprisonment of up to 12 months
  • Mandatory installation of the Interlock Ignition Device in case of a BAC of 0.15% for two years
  • License revocation for at least 10 years if the third DUI occurs within 10 years of the second 
  • License revocation for up to one year if the third DUI occurs more than 10 years after the first
  • Monetary fines ranging from $2,000 to $5,000

Fourth DUI Conviction Punishments

  • Considered a third degree felony
  • Imprisonment for up to five years
  • Permanent cancellation of the driver’s license
  • Monetary fine ranging from $2,000 to $5,000

Getting Insurance Coverage After DUI Convictions 

Florida traffic laws do not permit you to drive without auto insurance or without adequate proof of financial responsibility. That’s because Florida is a no-fault insurance state, and the drivers’ insurers must carry the costs for damages and medical expenses in case of an auto accident. After a DUI, defendants must complete and submit an FR-44 form for the insurance carrier.
Typically, offenders end up paying higher premiums for the next three years just to be allowed to drive. They must also buy additional insurance worth $100,000 to $300,000 through bodily injury protection and $500,000 coverage for property damage. Cheaper plans with less coverage will not be available.

Taking the Breathalyzer Test - How it Works

Sobriety tests typically include the Breathalyzer Test, also called the Preliminary Alcohol Screening (PAS). Any individual suspected of not being sober is asked to blow into the mouthpiece of a device that measures alcohol levels in their blood. Florida laws permit people to refuse to take the test. If you do refuse, here are some of the possible events.
  • In case this is your first DUI charge, the law allows you to refuse the test, but DUI charges will still apply
  • If you don’t take the test, the arresting officer cannot revoke your license. You’ll appear before the DMV for a first formal review hearing. If you’re successful in proving that you were not under the influence, the license suspension can be revoked
  • Next, defendants must appear for the arraignment hearing followed by the status hearing
  • At the evidentiary hearing, you can have the charges dismissed, or the case goes to trial

Contact a DUI Lawyer in Lakeland, FL

If you’re facing DUI charges, retain the services of the competent attorneys at Smith & Eulo right away. We have an award-winning team on board that can help you put together the best defense possible. Our lawyers will examine the facts of your case to prove that your BAC levels were not really above 0.08% or that you were not in actual control of the vehicle at the time of the accident. Chances are also good that the prosecutor could drop the charges entirely or that the charges could be lowered to reckless driving. 
When you’re involved in a situation that can impact your personal and professional life and cause financial setbacks, you need competent representation to resolve the issue. Trust in your lawyers’ experience and skills to help you get the minimum penalties and prevent the incident from appearing permanently on your record.
If you or your loved one find themselves in a situation where you are being accused of DUI

? Call us right away at 863-272-7010

to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and

payment plans . In addition to our Lakeland office, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources

We Serve Lakeland, FL

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October 8, 2020  ·  Uncategorized

DUI Lawyer Near You in Daytona Beach, FL

A Driving Under the Influence (DUI) offense is committed by drivers who are found to have a Blood Alcohol Content of at least 0.08%. This is the legally permitted level for operating a car in the state of Florida, and most other US locales as well. If you or your loved one has been charged with a DUI, contact us immediately so we can get started on your defense and legal advice. 
DUI is a serious crime carrying stiff punishments. Even below the legal limit, driving abilities are hampered. At levels higher than 0.08%, judgment on the road becomes seriously compromised. This level could be reached after as few as two beers, depending on your size.
Individuals may experience impaired vision, delayed response time, and poor control over muscle movement. Given that their ability to perceive and deal with approaching dangers is also poor, drivers become a hazard to themselves, their passengers, and other people and property on the road.

DUI Charges Can Leave a Permanent Mark on Your Record

A DUI offense leaves a permanent mark on your record in addition to any other legal penalties you might face. Do keep in mind that while alcohol DUIs are the most common, other substances are also prohibited. Any other controlled substance or chemical that could affect your ability to operate a machine can lead to a DUI charge under Florida law. 
Prosecutors and law enforcement officers pursue offenders aggressively with a dedication to keep them off the road and keep the streets safe. If convicted of DUI charges, drivers risk severe consequences, including jail or prison terms, fines, and the revocation of their driver’s license. 
If you’re charged with DUI, get in touch with us, we have experienced DUI defense lawyers ready to help you in the Daytona Beach, FL area and Volusia County. They will use their 20+ years of experience to put together a strategy that gives you the best chance of a lenient sentence. Typical defense arguments include that the officers did not have legal grounds to stop or test you. Or, that the BAC levels are not high enough for a DUI. 

Penalties Depend on Several Factors

Several factors can influence the penalties for a DUI. For instance, if the driver has a previous record of drinking and driving or whether people were injured in the incident. The actual BAC level and the age of the offender and passengers can also influence the penalties. 
Remember that even if you’ve been taking opiates for a medical condition and you carry a valid prescription, the charges can stick if the medicine makes it unwise for you to drive. 

Penalties for the First Florida DUI Conviction

  • Prison term of a maximum of 6 months
  • Revoked license for a minimum of 180 days, equal to about 6 months
  • Revoked license for a minimum of 3 years in case of a DUI with severe bodily injury
  • Fine ranging from $500 to $1,000
  • In case of a BAC of more than 0.15%, the court may mandate the installation of an Ignition Interlock Device (IID)

Second DUI Conviction

  • A minimum of 9 months of jail time
  • Fine ranging from $1,000 to $2,000
  • Mandatory installation of an IID (ignition interlock device) for at least 12 months
  • If the BAC is above 0.15%, the court may order a mandatory installation of an IID for up to 2 years
  • Revoked license for a minimum of 5 years if the second DUI occurs within 5 years of the first DUI
  • Revoked license for up to 1 year if the second DUI occurs more than 5 years after the first.

Third DUI Conviction

  • Third degree felony charges
  • Maximum of 12 months imprisonment
  • Fine ranging from $2,000 to $5,000
  • If the BAC is 0.15% or higher, the court mandates installation of an IID for 2 years
  • Revoked license for a minimum of 10 years if the third DUI occurs within 10 years of the second
  • Revoked license for a maximum of 1 year if the third DUI occurs more than 10 years after the first

Fourth DUI

  • Fine ranging from $2,000 to $5,000
  • Maximum 5 years imprisonment
  • License Canceled permanently
  • Third degree felony

Car Insurance After a DUI Gets Complicated

Florida is a no-fault insurance state. In case of a car accident, the driver’s own insurer is responsible for compensating damages and any related medical expenses. For this reason, it is mandatory to get auto insurance to be allowed to drive. It indicates financial responsibility. Typically, individuals with a DUI charge end up paying significantly higher premiums for coverage.
Getting approval for auto insurance after a DUI charge can be exceedingly difficult. You’ll complete and submit an FR-44 form for the insurance company. In addition to higher premiums for the ensuing three years, you’ll need insurance worth $100,000 to $300,000 for body injury protection and $50,000 for property damage. Only then can you be allowed to drive.

Breathalyzer Test Rules and How They Work

Law enforcement officers can stop you if they have reasonable cause or reasonable suspicion to believe that you violated traffic rules. If the police suspect the driver is under the influence, they can conduct a Preliminary Alcohol Screening (PAS) or Breathalyzer test. Drivers are required to blow into a mouthpiece to assess the levels of alcohol in their blood. 
In this situation, in Florida, you do have the option to refuse to take the test. Here’s what happens next.
  • It is not against the law to refuse to take the test. For the first arrest for DUI charges, offenders can refuse the test. However, they’ll still face the DUI charges
  • Refusing the PAS test does not automatically mean license revocation. You can contest the license suspension within the next 10 days before a judge. With the assistance of your DUI attorney/criminal defense lawyer, you’ll present the necessary evidence to support your request to retain driving privileges. Typically, the hearing is like a miniature trial.
  • Law enforcement officers cannot revoke your license. You’ll appear before the DMV to receive a decision.
  • Even if you do take the Breathalyzer test and pass, the DUI charges can still stand. Police officers arresting offenders are trained in NHTSA (National Highway and Traffic Safety Administration) indicators to identify individuals who are potential hazards on the road. 

The Award-Winning Attorneys at Smith & Eulo Can Advise You Best

The attorneys at Smith & Eulo Law Firm have been handling DUI cases for the last 100 years and know exactly how to fight the charges and uphold your rights in court. Trust in their knowledge and experience to get you the best defense. Considering that your personal and professional life can be permanently impacted by a DUI charge, you need a robust defense to refute the charges and minimize the penalties.
If you or your loved one find themselves in a situation where you are being accused of a DUI

? Call us right away at 386-310-2011

to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and

payment plans . In addition to our Daytona Beach office, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources

Serving Daytona Beach, FL

Open 24/7

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October 7, 2020  ·  Uncategorized

DUI Lawyer Ocala FL

DUI Lawyer in Ocala, FL

The acronym DUI stands for Driving Under the Influence and carries severe legal consequences in Ocala, Florida. DUI charges are not just about drinking and driving. You can also be charged if you’ve been consuming any beverage, chemical, or controlled substance that hampers your judgment on the road. 
For alcohol, the permitted blood alcohol level (BAC) for operating a car in Florida must remain below 0.08%. Anything higher and you’ll face legal and financial penalties. The first thing you’ll want to do in that case is to get in touch with us to seek advice on dealing with the situation, our lawyers have over 100 years of combined experience successfully handling these types of cases. 

DUI Charges in Florida Are a Serious Offense

Do keep in mind that drinking not only puts your own safety at risk, but you also endanger the lives and safety of friends and neighbors. The law comes down hard on such offenders, and law enforcement and prosecutors will do everything they can to keep offenders off the road. 
If you’ve been involved in a DUI accident, be prepared for a permanent mark on your record. In addition to getting your driver’s license revoked, you risk several fees and penalties. The fallout of the incident can also impact your entire life and future. 

DUI Offenses Carry Several Penalties

The penalties for a DUI charge in Ocala typically depend on the number of times you’ve been stopped for a similar issue and whether people were injured due to your condition. Your actual BAC level and being underage can cause you to incur worse penalties. 
Remember that even if you’ve been taking opiates for a medical condition and you have a prescription, DUI charges apply. Your Ocala DUI lawyer can help lower the penalties and offer a plea for a lesser sentence. Here are some of the possible punishments.

First DUI Conviction

  • Fine from $500 to $1,000
  • Up to 6 months prison term
  • Revoked license for a minimum of 180 days (about 6 months)
  • Revoked license for at least three years for a DUI with severe bodily injury
  • Mandatory installation of an Ignition Interlock Device (IID) for six months for a BAC of more than 0.15%

Second DUI Conviction

  • Fine from  $1,000 to $2,000
  • Up to 9 months prison term
  • Mandatory IID installation for at least one year, if the BAC is over 0.15%, the mandatory IID can be for up to two years
  • Revoked license for at least five years if the second DUI is within five years of the first DUI
  • Revoked license for a maximum of one year if the second DUI is more than five years later

Third DUI Conviction

  • Fine from $2,000 to $5,000
  • Up to 12 months prison term
  • Third-degree felony 
  • Mandatory IID installation for two years if the BAC is 0.15% and higher
  • Revoked license for at least 10 years if the third DUI is within 10 years of the second DUI
  • Revoked license for a maximum of one year if the third DUI is more than 10 years later

Fourth DUI Conviction

  • Fine from $2,000 to $5,000 
  • Up to 5 years prison term
  • Third-degree felony
  • Permanently revoked license

DUI Offenses Can Affect Insurance Coverage

According to Florida traffic laws, it is illegal to drive without auto insurance. Or, you must indicate proof of financial responsibility. A DUI charge can make it hard to get mandatory insurance. At the very least, the cost will rise.
After a DUI charge, you will be required to fill out the FR-44 form. Not only will you pay higher insurance premiums for the next three years, but the rates may also increase every year. Getting $100,000 to $300,000 for bodily injury protection and $50,000 in property damage protection is also essential to be allowed to drive again.

How the Breathalyzer Test Rules Work

If you’re under the impression that refusing to take the Breathalyzer Test automatically proves a DUI charge, that’s not exactly true in Florida. Here are some facts to understand.
  • Refusing to take a test is not a crime. If you have been arrested on DUI charges, you can refuse to take the test for the first time. However, the original DUI charges will still stand
  • Refusing to take a BAC test does not mean that you’ll lose your license. You’ll have 10 days to contest the DUI license suspension before a judge. Get the advice of an Ocala DUI attorney who can present the necessary evidence. The hearing is like a mini-trial and if you win, you could be allowed to retain your driving privileges
  • If you refuse to take the BAC test, the law enforcement officer does not revoke your license. You’ll appear before the DMV where the case is reviewed
  • If you take the BAC test and pass, the DUI arrest can still go forward. The officer arresting you will likely use NHTSA (National Highway Traffic Safety Administration) indicators to determine if you’re a hazard on the road. For instance, erratic behavior or driving, inability to walk a straight line, and slurred speech may indicate that you’re unable to drive safely

Rely on the Award-Winning Law Firm Smith & Eulo for DUI Advice

Considering that a DUI charge can have a long-term impact on your finances, personal life, and career, it is advisable to take the situation very seriously. Attain the services of qualified Ocala DUI lawyers and get advice on the optimal course of action, and the best criminal defense law firm to rely on would be Smith & Eulo. 
We have more than 100 years of experience helping clients with their DUI charges. We are familiar with the prosecutors and know exactly how the judicial system in Ocala works. Trust us to provide an aggressive defense for a good outcome and resolve the problem with the minimum of penalties.
If you or your loved one find themselves in a situation where you are being accused of DUI

? Call us right away at 352 505-9810

to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and

payment plans . In addition to our Ocala office, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources

We Serve Ocala, FL

Open 24/7

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March 25, 2020  ·  Uncategorized

DUI Attorney in Kissimmee, FL

What is a DUI?

Driving under the influence (DUI

) is a crime committed by drivers who have surpassed the legal level of alcohol intoxication when they get behind the wheel. After a few drinks, drivers become impaired in their abilities to safely operate their vehicles, becoming hazards to themselves and other drivers. That’s why in Kissimmee, Florida, the legal blood alcohol content (BAC) is 0.08. 
Drunk drivers pose serious risks because too much alcohol impairs their vision and makes it nearly impossible to react quickly to driving conditions. Law enforcement officers monitor the roads for risky behavior like this, and if you’re charged with a DUI in Kissimmee, you’ll have a permanent stain on your driving record on top of any legal charges. Be sure to

discuss the situation with a qualified DUI lawyer

so you’re aware of possible punishments and outcomes. We are open 24/7, give us a call now to speak with one of our experienced lawyers.

DUI Penalties

A DUI conviction may result in various legal and financial penalties. These penalties differ based on a number of factors, like
previous convictions, your BAC level, casualties in accidents caused by drunk driving, or property damage. In most cases, your license will be suspended or revoked for a set length of time, too. 
  • Fine between $500 – $1,000
  • Maximum six months in prison
  • Vehicle impounded for 10 days
  • Mandatory six months ignition interlock device (IID) for BAC over 0.15
  • License suspended for 180 days minimum, one year maximum for DUI without bodily injury
  • License suspended for three years minimum for DUI with bodily injury
  • Fine between $1,000 – $2,000
  • Maximum nine months in prison 
  • Enrollment in IID for a minimum of one year
  • Vehicle impounded for 30 days
  • Mandatory IID for one to two years if BAC over 0.15
  • License suspended five years minimum if within five years of prior conviction
  • License suspended up to one year if second conviction is more than five years later
  • Fine between $2,000 – $5,000
  • Maximum one-year prison sentence
  • Third degree felony
  • Mandatory IID for two years if BAC over 0.15
  • License suspended for 10 years minimum if within 10 years of second conviction
  • License suspended for up to one year if third conviction is more than 10 years later
  • Vehicle impounded for a minimum of 90 days
  • Minimum $2,000 – $5,000 fine
  • Maximum five-year prison sentence
  • Third degree felony
  • License is permanently revoked regardless of time between offenses

How Does a DUI Impact My Insurance?

The short answer: Your insurance goes up, big time. 
If you’re convicted of a DUI in Kissimmee, FL, the offense requires you to carry more liability insurance to operate your vehicle. In Florida specifically, drivers with a DUI record must fill out the FR-44 form as proof of insurance over the state-required minimum.
If you’re required to carry an FR-44, you’ll need at least $100K/$300K for bodily injury protection and $50K in property damage protection. The requirement is in effect for

at least three years, and drivers will probably have to pay heightened premiums too. 

Misconceptions About Breathalyzer Tests

We tend to assume the worst when legal charges are involved, but that’s not always the case. There are plenty of common misconceptions about blood alcohol tests, and it’s important to understand the facts.

If I refuse a breathalyzer, I’ll be arrested.

Some folks think that refusing a breathalyzer automatically gets them in trouble. In reality, the first refusal is more like a warning and is only a crime for second and subsequent arrests. Regardless of the situation, you’ll still be charged with a DUI.

If I refuse a breathalyzer, I’ll lose my license.

Just because you don’t submit to testing doesn’t guarantee that you’ll lose your license. Drivers have 10 days to challenge a DUI license suspension. During this time, you have a hearing before a court judge with the support of a DUI attorney. While it’s no guarantee, the hearing does provide an opportunity to retain your license. If you fail to contest the sentence, you
will
lose driving privileges. If you lose your driving privileges, you may still be able to apply for a hardship license.

If I pass a breathalyzer, I can’t be charged with a DUI.

Passing a breathalyzer in the field is no guarantee of anything. There’s no set rulebook on how each individual handles alcohol, and erratic driving is dangerous to everyone on the road. Officers have the right to arrest you if you display markers of intoxication like slurred speech, are unable to walk a straight line or display any unsafe driving behaviors. 

Facing a DUI in Kissimmee? Smith & Eulo Law Firm Can Help

If you or your loved one find themselves in a situation where you are being accused of a DUI

? Call us right away at 407-818-1141

to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and

payment plans . In addition to our Kissimmee office, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources

Smith & Eulo Law Firm

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