(561)988-8000 Facing accusations of a DUI offense can be a scary and intimidating time in a person’s life. For many individuals, this is their first and only interaction with Florida’s Criminal Justice System. Simply being arrested can be a traumatic experience, to say nothing of the potential penalties that a person may face.
There are many ways the State can pursue a DUI charge against an individual, and many people are surprised to learn that they can still face these charges without the use of a breath or blood test. Our Palm Beach Gardens DUI Lawyers are dedicated to educating people about Florida’s DUI Laws and defending them in Court. Speaking with a skilled criminal Attorney could help you fight criminal DUI charges.
What is the Legal Definition of Driving Under the Influence?
Under Florida Statute 316.193, DUI is defined as being in control of a vehicle while impaired by alcohol or another substance, or with a BAC of .08 or more. The Prosecution may rely on officer observations if no chemical test is available. Refusing a test can result in immediate license suspension and be used against you to prove that you knew or thought that you were impaired. A Palm Beach Gardens criminal defense Attorney from our firm can help you understand your rights and legal options after a drunk driving charge.
The DUI Process
After a DUI arrest, you are booked at the Palm Beach Gardens Police Department or County Jail. You may be released on bond. Vehicle impound details are usually provided upon release. If you cannot bond out, you will have a “First Appearance” in front of a Judge in the Main Jail inWest Palm Beach. One of our Lawyers can guide you through these steps to protect your rights and prepare your defense. We will also attend your First Appearance to ensure that you are released with the least amount of conditions and restrictions.
DUI Defense Strategies
A Palm Beach Gardens drunk driving Lawyer may challenge the stop by questioning probable cause, field sobriety results, or breathalyzer accuracy. We may identify rights violations or introduce expert witnesses such as toxicologists or engineers. In some cases, a rising blood alcohol defense or necessity defense may apply. These strategies can be critical in weakening the State’s case.
Breath Tests as a Defense Strategy
If a breath test was below the legal limit, the defense could use that as a defense strategy because Florida law says if a person is above 0.05 and below 0.08, the person is not automatically guilty; it is a presumption that they are impaired. If it is below 0.08, they are going to use that. Breath test errors can also be used as a defense when the test results are high but the person does not look like they are impaired. In that instance, the defense could argue that the results are unreliable because they do not corroborate what the physical evidence shows on the DVD.
They may see someone who is supposedly three times the legal limit, but they are seeing someone who is walking, talking normally, making decisions, answering questions appropriately yet the government says they are three times the legal limit. There is no reason why this person should not be driving based on what they seem; they are fine, even though the test says they are three times the legal limit. Those are some examples of when these have been used as a defense strategy. It is rare to use them as a defense strategy. An attorney would rather not have a breath test to argue with when someone’s below the legal limit.
How Can a Person’s Teeth Impact the Results of a Breath Test?
If a person does not have a full set of teeth, if they have some hardware in their mouth like dentures, cavities or orthodontic work, these can create spaces in the mouth and even spaces in the gums for alcohol to remain. Assuming a person has a denture in between their denture and their gum, there could be pockets of alcohol that could lead to DUI breath test errors. If a person has other pockets, alcohol can pool in them, just like food can pool in a person’s dentures or pool in bridgeworks or get stuck in it so can alcohol, and it is not only solids but liquids can be stuck in there.
If a person does have alcohol in their mouth, it will affect the breath test results and they do not want to rely on the machine detecting that there is alcohol in a person’s mouth. Rather, they want to be able to document the alcohol on a person’s mouth. They want to make it more likely than not that just like the person may have some food trapped in there, the person may have pockets of alcohol still in there, too.
What to Do After a DUI Arrest
Whether you blow overt the legal limit or resuie to take a blood, breath or urine test, you have only 10 days to request a DHSMV hearing to contest your license suspension. Waiting to hire a DUI Lawyer in Palm Beach Gardens can cost you important evidence and an opportunity to get a hardship licesnse as well as , digital evidence or witness accounts. Our firm acts quickly to preserve evidence and file motions. Speaking with our team right away improves your chances of success.
DUI Penalties and Collateral Consequences
A first DUI offense carries, fines, probation, DUI school. Substance abuse treatment, community service, license suspensions and random testing for drugs and alcohol. A second or third DUI results in steeper penalties, including possible Jail time. Felony DUI charges apply if serious injuries or death occur or if there are prior convictions. Aggravating factors include high Blood Alcohol Level, minors in the vehicle, or involvement in an accident. A conviction can also impact employment, housing, and insurance rates.
Speak With a Palm Beach Gardens DUI Attorney Today
DUI charges can have lifelong consequences. A Palm Beach Gardens DUI Lawyer from Leifert & Leifert can defend your rights and help you work toward the best possible outcome. Contact us today for a free consultation and let our team fight on your behalf.
