DUI Defense Lawyers in Palm Beach County, Florida

Laws, Charges, Punishments, and Legal Defenses for Palm Beach County Driving Under Influence (DUI) of Alcohol or Drugs

Palm Beach County law enforcement officials routinely arrest individuals for allegedly driving under the influence (DUI). Given that Palm Beach County is home to nearly 1.5 million people (not including visitors, tourists, and students), it should come as no surprise that DUIs continue to be commonly charged crimes. Generally, facing a first or second DUI charge is not catastrophic to a person’s livelihood on a long-term basis. However, facing a third or subsequent DUI charge will be treated much more seriously, perhaps landing a person in jail for many years.

At Musca Law, our Palm Beach County DUI Defense Lawyers know what to expect from prosecutors when representing clients facing DUI charges. Our legal team has an excellent reputation for not only achieving favorable results for many clients, but also for having a good relationship with prosecutors and judges. Such a good relationship is one reason why Musca Law has been able to help clients resolve a DUI matter that is fair, given the underlying evidence of the charge. To learn what your legal options are when facing a DUI charge, contact the Palm Beach DUI Defense Lawyers of Musca Law today by calling (888) 484-5057.

Facing DUI Charges in Palm Beach County, Florida

Many DUI charges involve a documented blood-alcohol content (BAC) of .08 or greater. However, such evidence should always be evaluated and contested. A BAC result is not always the deciding factor of whether a person will face DUI charges in Palm Beach County. In fact, some DUI charges allege a person’s behavior exhibited signs of intoxication, even when a BAC reading is less than .08. Also, some DUI charges involve allegations of drug use behind the wheel. Therefore, regardless of the specific allegations supporting DUI charges, a person facing such charges must act quickly to speak with a Palm Beach County DUI Defense Lawyer.

Palm Beach County DUI Laws and Penalties

DUIs range from misdemeanors to first-degree felonies, and while a skilled Palm Beach County Criminal Defense Lawyer can often help a client avoid jail time, all DUI charges have the potential to result in jail time and significant monetary fines per Florida law. Under Florida Statute Section 316.193(1), the prosecution must establish the following to convict a person of ANY driving under the influence charge:

  • The driver was in physical control of the vehicle at the time of the alleged offense; and
  • The driver was under the influence of alcohol, chemical substances, or controlled substances such that his or her normal faculties were impaired; or
  • The driver had a blood-alcohol level of .08 or greater grams of alcohol per 100 milliliters of blood; or
  • The driver had a breath-alcohol level of .08 or greater grams of alcohol per 210 liters of breath.

Step one in any DUI case is to prove that the alleged offender was, in fact, in physical control of the vehicle at the time of the offense. If this threshold requirement cannot be established, a person should not be charged with driving under the influence in Palm Beach County. If prosecutors successfully present evidence that a driver was in physical control of the vehicle at the time of the offense, the prosecutors must then prove that the driver was under the influence. Florida law provides three options for what it means to be “under the influence.” Two of the options involve BAC readings of .08 or higher. The other option is extremely broad and open for interpretation. The appearance of being under the influence to the extent that “normal faculties were impaired” allows for police officers to use their judgment in determining whether a person is under the influence.

If a person is stumbling and unable to remain conscious, it is not unreasonable to conclude that the person is under the influence of alcohol or drugs. However, if a person’s behavior could be interpreted differently by more than one person, the accused individual has grounds to question the conclusions of the arresting officer, especially when there is zero scientific evidence to prove a person was under the influence. As such, an experienced and diligent Palm Beach County DUI Defense Lawyer will quickly develop defenses that may result in the dismissal of a DUI charge.

Range of Florida DUI Offenses, Jail Time, and Fines

DUI charges in Palm Beach County will vary from an unclassified misdemeanor to a first-degree felony depending on a variety of factors, including, among others, the defendant’s criminal history, the defendant’s behavior following arrest (i.e., whether he/she was cooperative with law enforcement officials), and the severity of the conduct underlying the alleged DUI offense. The various DUI offenses under Florida law, along with penalties associated with these charges, include the following:

First DUI Offense with BAC of .08 or Greater

A first DUI offense with a BAC reading of .08 or greater is considered an unclassified misdemeanor under Florida law, which carries a potential jail sentence of six (6) months and a fine of $1,000.

First DUI Offense with Minor Under the Age of 18 in the Vehicle

A first DUI offense with a minor under the age of 18 in the vehicle at the time of the offense is considered an unclassified misdemeanor under Florida law, which carries a potential jail sentence of nine (9) months and a fine of $2,000.

First DUI Offense with BAC of .15 or Greater

A first DUI offense with a BAC reading of .15 or greater is considered an unclassified misdemeanor under Florida law, which carries a potential jail sentence of nine (9) months and a fine of $2,000.

Second DUI Offense with BAC of .08 or Greater

A second DUI offense with a BAC reading of .08 or greater is considered an unclassified misdemeanor under Florida law, which carries a potential jail sentence of nine (9) months and a fine of $2,000.

Second DUI Offense with BAC of .15 or Greater

A second DUI offense with a BAC reading of .15 or greater is considered an unclassified misdemeanor under Florida law, which carries a potential jail sentence of one (1) year and a fine of $4,000.

DUI Offense Involving Damage to Property

A DUI offense involving damage to property is considered a first-degree misdemeanor under Florida law, which carries a potential jail sentence of one (1) year and a fine of $1,000.

Third DUI Offense More Than 10 Years After Prior DUI Offense

A third DUI offense more than ten (10) years following a prior DUI offense is considered a misdemeanor under Florida law, which carries a potential jail sentence of one (1) year and a fine of $5,000.

Third DUI Offense Within 10 Years After Prior DUI Offense

A third DUI offense less than ten (10) years following a prior DUI offense is considered a third-degree felony under Florida law, which carries a potential jail sentence of five (5) years and a fine of $5,000.

Fourth or Subsequent DUI Offense

A fourth or subsequent DUI offense (regardless of when this fourth DUI offense is charged) is considered a third-degree felony under Florida law, which carries a potential jail sentence of five (5) years and a fine of $5,000.

DUI Offense Involving Bodily Injury

A DUI offense involving bodily injury is considered a third-degree felony under Florida law, which carries a potential jail sentence of five (5) years and a fine of $5,000.

DUI Manslaughter – Causing the Death of Another Person or Unborn Child

A DUI offense involving the death of another person or unborn child is considered DUI manslaughter, which is a second-degree felony under Florida law, carrying a potential jail sentence of fifteen (15) years and a fine of $10,000.

DUI Manslaughter – Failing to Render Aid

A DUI manslaughter offense that involves a failure to render aid to an injured person is considered a first-degree felony under Florida law, which carries a potential jail sentence of thirty (30) years and a fine of $10,000.

Although many DUI charges in Palm Beach County are misdemeanors, some individuals accused of driving under the influence may face multiple criminal charges. A severe DUI involving bodily injury or death is a criminal matter that requires the assistance of only the most qualified Palm Beach County DUI Defense Lawyer. When decades of jail is a potential outcome, no defendant should settle for less than a superior lawyer.

Additional Consequences Associated with a Palm Beach County DUI Conviction

Jail time and fines are not the end of the story when facing a Palm Beach County DUI conviction. Moreover, even if jail time is avoided, a person should expect to face additional consequences outside the courtroom, which include, among others, the following:

  • Probation;
  • Alcohol and drug abuse counseling;
  • Alcohol and drug abuse courses/education;
  • Random alcohol and drug testing;
  • The requirement to install an ignition interlock device on all vehicles driven by the accused;
  • Suspension of Florida driver’s license; and
  • A criminal record that makes it difficult to get a job, rent a home or apartment, attend a college or university, or even obtain credit.

While some of the above-listed consequences may be unavoidable in certain DUI cases, a Palm Beach DUI Defense Lawyer can work with the prosecution to help an individual reach a result that is fair given the circumstances of the case.

Dismissing DUI Charges in Palm Beach County, Florida

When the facts underlying DUI charges in Palm Beach County are insufficient to prove a case to a jury, a Palm Beach County DUI Defense Lawyer may seek to have DUI charges against a client dismissed on legal grounds. Failing to establish the defendant was in physical control of a vehicle is a big problem for prosecutors. Such a fact may be contested, but the right Palm Beach County DUI Defense Lawyer will thoroughly evaluate the case to determine where prosecutors have gone wrong. In cases where physical control of the vehicle is not in dispute, but whether the driver was intoxicated is in dispute, a Palm Beach County DUI Defense Lawyer may seek to demonstrate to prosecutors and the courts that insufficient facts exist to prove intoxication – especially when a BAC reading is less than .08.

Additional ways in which a Palm Beach County DUI Defense Lawyer may seek to dismiss DUI charges is to establish that law enforcement officials violated a client’s constitutional rights during the process from the initial stop and arrest to the time the client is formally charged by prosecutors. Any misstep by a law enforcement officer, such as failing to read a client his/her Miranda rights at the time of the arrest or obtaining a false or misleading confession, may be grounds for dismissal of DUI charges in their entirety, regardless of any other evidence prosecutors may have to help their case.

To even get to the point of potentially dismissing DUI charges in Palm Beach County, a person charged with a DUI offense will have to find a lawyer who will build a strong defense immediately after meeting with the client and reviewing the case materials (such as the arrest report and charging documents filed by a Palm Beach County prosecutor). Prompt attention to a DUI charge is the best way to fight the charges and determine whether DUI charges can be dismissed. A lawyer with extensive experience handling Palm Beach County DUI cases is the best person to handle a client’s case, and searching for this lawyer is well worth the time and effort.

Getting Arrested on Suspicion of DUI in Palm Beach County

The arrest process after being stopped on suspicion of driving under the influence of alcohol or drugs is a crucial step that must be evaluated by a Palm Beach County DUI Defense Lawyer. An arresting officer must comply with Florida law when arresting a person on suspicion of DUI and taking that person into custody. Per Florida Statute Section 316.193(9), once detained and taken to jail, law enforcement officials have the power to keep a person suspected of DUI in custody until one or more of the following has occurred:

  • The arrested individual’s BAC is less than .05;
  • The arrested individual’s normal faculties are no longer impaired by alcohol, chemical substances, and/or controlled substances; or
  • The arrested individual has been detained for at least 8 hours.

The process of (1) being stopped on suspicion of DUI, (2) being subjected to a breathalyzer test and/or field sobriety test, (3) being arrested, and (4) being taken to jail is, unarguably, a frightening experience. Such an experience may be especially stressful and scary for someone who has been arrested and accused of committing a crime for the first time. As such, it is imperative that a person arrested on suspicion of DUI make every effort to speak with a Palm Beach County DUI Defense Lawyer as soon as possible after being taken into custody.

Why Reputation and Experience Matter in a Palm Beach County DUI Defense Lawyer

All attorneys licensed to practice in the state of Florida have received degrees from a law school and have passed the Florida bar exam. This means that ANY attorney can represent a client in a DUI case, regardless of whether that attorney has specific experience handling DUI matters in Palm Beach County or elsewhere. Some law firms in Palm Beach County provide legal representation to clients in a variety of legal matters, which may include DUIs and other crimes. Even if such law firms have experience handling DUI cases, a client is better suited to work with a law firm that handles nothing but criminal matters.

What to Look for When Hiring a Palm Beach County DUI Defense Lawyer

Anyone facing a DUI charge does not have much time to contact a lawyer after being arrested in Palm Beach County. However, it is well worth a person’s time to research and investigate law firms to ensure only the best lawyer handles a DUI matter. Some of the qualities and attributes to look for in the right Palm Beach County DUI Defense Lawyer include, but are certainly not limited to, the following:

  • Years of experience of the law firm;
  • The size of the law firm in terms of the number of lawyers and legal staff members;
  • The law firm’s reputation in Palm Beach County as well as throughout the rest of Florida;
  • The law firm’s track record of success in helping clients achieve favorable results;
  • The law firm’s resources and ability to provide superior legal representation;
  • Positive client reviews and testimonials about the law firm;
  • The law firm’s awards and accolades; and
  • The law firm’s reputation with prosecutors and judges.

Having the right experience, resources, dedication, and workforce to take on tough prosecutors in a Palm Beach County DUI case is absolutely critical to a client’s rights and interests.

Contact the Palm Beach County DUI Defense Lawyers of Musca Law Today

If you are facing DUI charges in Palm Beach County, you do not have any time to waste as prosecutors will aggressively seek a conviction and the maximum penalties under Florida law. Act quickly to ensure you are protecting your legal rights by contacting a qualified and reputable Palm Beach County DUI Defense Lawyer. At Musca Law, our team of nationally-recognized trial lawyers have more than 150 years of combined experience helping clients from throughout the state of Florida. To speak with one of our Palm Beach County DUI Defense Lawyers about your legal matter, contact Musca Law today by calling (888) 484-5057. Our legal team is standing by to help you 24/7.

 

Musca Law office locations in Palm Beach County: Boca Raton, West Palm Beach

Get your case started by calling us at (888) 484-5057 today!