DUI Defense in West Palm Beach
A DUI arrest sets things in motion quickly. Within hours you may be facing a suspended license, a court date, and decisions that will affect the outcome of your case. Florida takes DUI seriously, and the penalties escalate sharply with each offense and with certain aggravating factors. The time to act is now.
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DUI Defense in Florida
How Florida Defines DUI
Under § 316.193, Fla. Stat., a person is guilty of DUI if driving or in actual physical control of a vehicle while under the influence of alcohol, a chemical substance, or a controlled substance to the extent that normal faculties are impaired, or with a blood-alcohol or breath-alcohol level of 0.08 or higher. The offense can be proven either way, and the penalties are the same regardless of which method the State uses.
Florida’s DUI law applies not just to driving, but to being in actual physical control of a vehicle. Sitting in the driver’s seat of a parked car with the keys in your possession can be enough.
Should I Refuse the Breath Test?
The 10-Day Rule
What's at Stake: DUI Penalties in Florida
First DUI: A first conviction carries a fine of $500 to $1,000, up to six months in jail, and up to one year of probation. Your license will be revoked for a minimum of 180 days, up to one year. The court will also require 50 hours of community service, a 10-day vehicle impoundment, and completion of a substance abuse course.
Second DUI: Fines increase to $1,000 to $2,000, with up to nine months in jail. A mandatory ignition interlock device is required on every vehicle you own or regularly operate for at least one year. If the second offense occurs within five years of the first, there is a mandatory minimum of 10 days in jail, a 30-day vehicle impoundment, and a minimum five-year license revocation.
Third DUI: A third conviction within ten years of a prior offense is a third-degree felony. It carries a mandatory minimum of 30 days in jail, a minimum two-year ignition interlock requirement, a 90-day vehicle impoundment, and a minimum ten-year license revocation. A third offense outside the ten-year window carries a fine of $2,000 to $5,000 and up to twelve months in jail, but the two-year ignition interlock requirement still applies.
Fourth DUI: A fourth conviction is a third-degree felony regardless of when the prior offenses occurred. It carries a mandatory minimum fine of $2,000 and permanent license revocation.
High BAC or Minor in the Vehicle: If your BAC was 0.15 or higher, or a minor was in the vehicle, enhanced penalties apply at every level. A first offense under these circumstances carries fines of $1,000 to $2,000, up to nine months in jail, and a mandatory ignition interlock for at least six months. A second offense carries $2,000 to $4,000 in fines, up to twelve months in jail, and a two-year ignition interlock requirement.
DUI Involving Property Damage or Injury: A DUI that causes property damage or injury to another person is a first-degree misdemeanor. Where the injury rises to serious bodily injury, the charge becomes a third-degree felony, carrying up to five years in prison and a $5,000 fine, along with a minimum three-year license revocation.
DUI Manslaughter: If someone dies as a result of a DUI, including an unborn child, the charge is DUI manslaughter, a second-degree felony carrying a four-year mandatory minimum sentence and up to fifteen years in prison. Fines can reach $10,000, and license revocation is permanent. If the driver knew or should have known a crash occurred and failed to stop and render aid, the charge elevates to a first-degree felony with a maximum sentence of thirty years.
A Note on Hardship Licenses
Hardship reinstatement rules are complicated and depend heavily on your specific history. Florida law prohibits hardship reinstatement for anyone convicted of DUI two or more times, which can eliminate options that might otherwise seem available. Where you actually stand depends on the full picture. Do not assume you qualify or do not qualify without speaking to an attorney.
Common Defenses
The legality of the traffic stop is frequently challenged. Law enforcement must have reasonable suspicion of a traffic violation or criminal activity to initiate a stop. A stop without legal justification can result in suppression of everything that followed.
Field sobriety tests are subjective and vulnerable to challenge. Standardized field sobriety tests require specific administration procedures. Deviations from those procedures, or physical conditions that affect performance, can undermine the reliability of the results.
Breath test accuracy depends on proper equipment maintenance, calibration, and administration. A breath test result that was obtained through a machine that was not properly maintained, or administered by an officer who was not properly trained, may not be reliable.
Rising blood alcohol is a defense where the defendant’s BAC at the time of driving was below 0.08, even if it reached that level by the time of testing.
Medical conditions can explain symptoms that resemble impairment, including certain neurological conditions, medications, and physical limitations that affect balance and coordination.
What Happens After a DUI Arrest
Talk to a DUI Defense Attorney
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