West Palm Beach Dui Attorney – West Palm Beach is known to tourists and residents for its excellent beaches, restaurants, shopping and nightlife. Many people enjoy walking to City Center, Clematis, the Lamb Center, and the Norton Museum of Art. With so much nightlife and entertainment, there are many DUI arrests in West Palm Beach.
If you have been arrested for DUI in West Palm Beach, your case will go before one of the District Court Judges in the West Palm Beach Courthouse. There are several judges in the district court division and a prosecutor is assigned to each case. Our DUI attorneys will look for weaknesses in the DUI case against you to help you get the best possible outcome.
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A first DUI in West Palm Beach can result in felony or misdemeanor charges. A DUI is a misdemeanor as long as no one is seriously injured in the accident. Misdemeanor DUI offenders can be sentenced to up to six months in jail if a breathalyzer or blood test shows a blood alcohol concentration below 0.15. Misdemeanor DUI offenders can be sentenced to up to 9 months in jail if the test results show a blood alcohol concentration of 0.15 or higher. First-time DUI drivers can be sentenced to up to a year in jail if an accident occurs. DUI is a third-degree felony DUI, punishable by up to five years in prison if an accident occurs and someone is seriously injured.
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It’s possible that your DUI in West Palm Beach happened on one of these roads. As local residents, we know the speed limits on the roads that may be relevant to your DUI stop. A traffic violation requires a valid reason for the police to stop. Have you been pulled over for speeding or lane keeping? These types of stops can be contested, resulting in your DUI case being dismissed.
The DUI defense strategy we employ involves finding and exploiting weaknesses in the prosecution’s case against you. We are wondering why the police stopped you. Many times the police stop the drivers for no good reason. The police must have probable cause to stop you for a traffic violation or reasonable suspicion of DUI. The police must have a reason to stop you. If there is no cause, we can dismiss the entire DUI case.
Florida law requires a second DUI offender to be sentenced to at least 10 days in jail if the second DUI arrest occurs within five years of the first DUI conviction. If this is your second DUI offense, it is imperative that you speak with a DUI attorney. In addition, you face the possibility of having your driver’s license revoked for 5 years.
Unfortunately, Miranda only applies to statements made by the accused as a result of “custodial interrogation”. These are statements designed to elicit a guilty response while the accused has reasonable grounds to believe that he cannot leave police custody. For example, a person in the back of a police car driving to a prison is an example of police custody. The officer then asked the defendant if he had been drinking and driving, cross-examining the defendant because the question was designed to elicit an incriminating answer.
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However, in the context of DUI cases, many times the prosecutor does not need the defendant to testify to prove his case.
Just because you are over .08, the legal limit in Florida, does not mean you will be convicted of DUI. There are many ways we can attack a DUI case to bring it down to a reckless driving charge or possibly have the charge dismissed. The police must follow proper legal procedures to use the evidence against you. In some DUI cases, police violate the defendant’s Fourth Amendment rights by stopping a vehicle without probable cause. Such violations will allow us to render any evidence obtained by the police inadmissible. The police must also observe you for twenty minutes before testing your breath. If the officer has not completed the required observation period, the breath test results may not be admissible.
In most cases, if you refuse a breath test, your license will be suspended for one year for refusing the first breath test. If you have ever used a DUI breathalyzer, the DMV will suspend your driver’s license for 18 months. However, refusing to take a breath test makes it harder for the prosecution to prove that you were driving under the influence. This is because the prosecutor will not be able to tell the jury that you were over the legal limit. Instead, he will have to reasonably prove to a jury that your normal faculties were impaired. Convincing a jury that a person’s normal faculties are impaired is more difficult than presenting evidence of intoxication, a breath test of 0.08 or greater.
It is much easier to get a DUI downgraded to reckless driving if a person fails a breath test than it is with a score of 0.08 or higher.
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Every situation is different and not every situation leads to reckless driving. When negotiating a DUI reduction with a DUI client’s attorney, the prosecutor will consider the driver’s criminal record and whether there are any aggravating factors in the case. For more information on “reckless” plea deals, read our blog post on how to reduce a DUI to reckless driving.
I was sleeping in my car in West Palm Beach when the police came, can I get a DUI?
Florida law states that a person can be arrested for DUI if they are “in actual control of the vehicle.” Actual physical control may mean a person sleeping in the front seat with the key in the ignition. Whether someone actually has control of the vehicle depends on the facts of each case. West Palm Beach DUI attorneys can tell you if you were actually in control of your vehicle when the police pulled you over for a DUI.
In most DUI cases, if you do not have a criminal record, we will be able to place you in the Palm Beach County DUI diversion program. This program allows DUI offenders to avoid jail time. In addition, the program offers the additional benefit of reducing DUI charges for reckless driving. You also won’t get points on your license.
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A DUI cannot be expunged from your record. This is why it is important to consult with a DUI attorney. We can settle your case for reckless driving or even dismiss the charge entirely. It will all depend on the facts of your individual case. Reckless driving charges and convictions may make you eligible to have your records sealed.
Florida Statute 324.023 requires that a person convicted of DUI must purchase and maintain bodily injury insurance in the amount of $100,000/$300,000 for 3 years. This is called FR-44 insurance, and a person convicted of a DUI must have this insurance before their license can be reinstated.
In the FR, the FR-44 is financial responsibility, and a certificate of financial responsibility is sent by the driver’s insurance carrier to the Florida Department of Highway Safety.
A DUI is a felony if you have two prior DUIs and the second conviction occurs within 10 years of the third DUI arrest. For example, if you were convicted of a second DUI in 2013 and your third DUI arrest occurred in 2022, you could be charged with a felony DUI. A DUI offense is punishable by up to five years in state prison and a 10-year driver’s license suspension. Florida law requires defendants convicted of felony DUI to spend 30 days in jail or enter a rehabilitation facility.
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Why did the police ask me to stand in line, raise my leg and count to thirty?
Driving on the road is a test of pedestrians and turns. This is one of the main sobriety exercises or speed tests that police officers use to provide ammunition in a DUI case against you. It is true that the officer believed you were impaired before asking you to take this test. Even if you pass this test, the police will most likely still arrest you. The same applies to the one-legged test. The police ask you to count when you lift your feet. This is a divided attention task where you are tested on your ability to perform a mental exercise (counting) along with a physical exercise (leg lift) at the same time. The problem is that these tests lack scientific credibility. It is not easy
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