Facing DUI charges in West Palm Beach can be an overwhelming experience. Strict Florida DUI laws and potentially severe penalties make it crucial to seek experienced legal representation immediately. At Meltzer & Bell, P.A., our West Palm Beach DUI lawyers bring decades of combined experience to defending individuals charged with driving under the influence.
Despite ongoing efforts to prevent drunk driving, DUI offenses remain prevalent in Florida. Many individuals arrested for DUI may not fully understand the complexities of Florida law and the various circumstances that can lead to a DUI charge. If you’ve been arrested for DUI, understanding your rights is the first step toward a strong defense. A knowledgeable West Palm Beach DUI lawyer can provide the legal guidance needed to navigate the complexities of your case, make informed decisions, and develop a robust defense strategy aimed at achieving the best possible outcome.
Why Choose a West Palm Beach DUI Attorney?
Meltzer & Bell, P.A. is a premier criminal defense firm in Palm Beach County, established by a former felony special unit prosecutor and a former major crimes Public Defender. Our attorneys are adept at handling a wide spectrum of criminal cases, both at the state and federal levels, throughout Florida. We possess decades of collective experience specifically in DUI and criminal trial work, having collectively taken over 500 cases to jury trial and verdict.
The repercussions of DUI charges in Palm Beach can significantly disrupt your life. Convictions can lead to driving restrictions, substantial fines, and even incarceration. If you’ve been charged with DUI in Palm Beach County, including cities like Wellington, Lake Worth, Delray Beach, Boca Raton, West Palm Beach, Jupiter, Greenacres, Royal Palm Beach, Palm Beach Gardens, Juno Beach, or Belle Glade, reaching out to Meltzer & Bell, P.A. is a critical first step.
For first-time DUI offenses, our law firm can explain the DUI diversion program in Palm Beach County and how it might apply to your case. Successful completion of this program could allow you to seal your criminal record, removing arrest mugshots and booking details from public sites like the Palm Beach Sheriff’s Office website.
Lawrence Meltzer and Steven Bell, our dedicated West Palm Beach DUI defense attorneys, are available 24/7 to provide immediate assistance. Contact Meltzer & Bell, P.A. today to schedule a consultation and begin building your defense.
We aggressively defend DUI charges throughout Palm Beach County, regardless of where the arrest occurred, from major highways like Interstate 95 and Florida’s Turnpike to local roads. Our services also extend to clients facing DUI charges in Broward County, Miami-Dade County, and the Treasure Coast.
Our commitment to excellence means we only employ the best criminal defense lawyers in Florida. Client testimonials reflect our unwavering dedication and successful case outcomes. Our extensive experience within the Florida criminal justice system equips us to fight for your rights and strive for a favorable resolution. Call us now for a free, confidential case evaluation.
Understanding DUI in Florida: An Overview
Florida’s Definition of Driving Under the Influence
Florida Statute § 316.193 defines DUI as being in actual physical control of a vehicle while impaired by alcohol or drugs to the extent that your normal faculties are diminished. These faculties include the ability to see, hear, walk, maintain balance, speak clearly, and perform everyday mental and physical tasks.
Furthermore, operating a vehicle with a breath or blood alcohol content (BAC) of .08 or higher also constitutes DUI in Florida. Law enforcement officers utilize various sobriety tests, including breath, blood, and urine tests, to determine BAC. The Breathalyzer, due to its ease of use, is the most common method for BAC testing.
Implied Consent and DUI Charges
Florida’s implied consent laws, as detailed in Florida Statute § 316.1932, stipulate that by operating a motor vehicle in Florida, you automatically consent to submit to chemical testing to ascertain your sobriety.
Refusal to undergo a BAC test (blood, breath, or urine) can lead to an automatic driver’s license suspension for up to one year. Subsequent refusals can result in an 18-month suspension.
The Florida Uniform DUI citation you receive upon arrest also serves as a “Notice of Suspension.” This notice informs you of the Division of Highway Safety and Motor Vehicles’ (DHSMV) intent to suspend your license: six months for a BAC of .08 or higher, or 12 months for refusing testing.
These administrative suspensions, imposed by DHSMV, are separate from criminal DUI charges and court proceedings, though they stem from the same arrest. Acting swiftly, within ten days of your arrest, is vital to challenge this administrative suspension and protect your driving privileges. Failing to act within this timeframe will result in automatic suspension. Contact Meltzer & Bell, P.A. immediately to safeguard your due process rights.
Unlike areas with extensive public transit, losing driving privileges in Florida can severely impact daily life, affecting your ability to commute, shop for groceries, or manage family responsibilities. It can even jeopardize your employment.
By retaining Meltzer & Bell, P.A. within ten days of a DUI arrest, our West Palm Beach DUI lawyers will promptly take action to contest the DHSMV license suspension. We will liaise with DHSMV to assist you in obtaining a temporary driving permit or hardship license, for which you may be eligible even with prior DUI convictions.
DUI Charges Without Driving: Actual Physical Control
A common point of confusion and frustration for those facing DUI charges is the fact that you do not actually have to be driving to be arrested. Florida law allows for DUI charges if an individual is in “actual physical control” of a vehicle while intoxicated.
Palm Beach County law enforcement considers several factors to determine actual physical control, including:
- Vehicle operability
- Vehicle location
- Engine status (on or off)
- Key location
- Evidence of recent driving
- Vehicle condition
- Defendant’s position within the vehicle
If you are charged with DUI despite not actively driving, it is imperative to hire an experienced West Palm Beach DUI lawyer. We can analyze the evidence to argue that you were not in actual physical control, potentially mitigating penalties and jail time.
DUI Penalties in Palm Beach County
Alt text: Knowledgeable DUI lawyer West Palm Beach standing in courtroom, advising client.
DUI penalties in Florida escalate with each subsequent conviction. For a first DUI offense, penalties can include up to six months in jail, fines up to $1,000, a minimum 180-day license suspension, 10-day vehicle impoundment, and mandatory DUI school with potential follow-up treatment. First-time offenders may be eligible for the DUI diversion program in Palm Beach County, although eligibility varies. For example, DUI with property damage typically disqualifies you from diversion.
A second DUI conviction is a first-degree misdemeanor, carrying a potential nine-month jail sentence.
Third and subsequent DUI offenses within a 10-year period are classified as third-degree felonies, punishable by up to five years in Florida State Prison, fines up to $5,000, and a minimum 10-year license suspension.
A fourth DUI offense, regardless of when prior convictions occurred, is automatically a felony, potentially leading to permanent license revocation and a maximum five-year prison sentence.
Beyond these penalties, DUI convictions in Florida often involve probation, community service, mandatory DUI school, installation of an ignition interlock device, and other court-mandated requirements.
Effective DUI Defense Strategies
Alt text: Experienced DUI lawyer in West Palm Beach, Florida, Steven Bell, providing legal representation.
Florida law mandates that law enforcement must have probable cause for a traffic stop, reasonable suspicion of criminal activity, or evidence of endangerment. If the reason for your traffic stop was not valid—for example, if the alleged traffic infraction did not pose a safety hazard or affect other traffic—the stop may be deemed unlawful. In such cases, a skilled West Palm Beach DUI lawyer can argue to suppress evidence gathered, including field sobriety test results and breath test readings. Meltzer & Bell, P.A. has a proven track record of successfully litigating such motions.
Challenging Signs of Impairment
Conditions like diabetes, arthritis, vertigo, concussions, gout, or injuries from head trauma or surgeries can mimic signs of intoxication. Officers often interpret unsteadiness and poor performance on field sobriety tests as indicators of DUI. However, these “signs of impairment” can often be explained by underlying medical conditions that officers may have overlooked or failed to investigate. This is particularly relevant if a traffic accident was involved in your DUI arrest.
“Time of Driving” Defense
Florida law requires the prosecution to prove your BAC was over the legal limit while driving or in actual physical control. Breath tests are typically administered at the police station, sometime after the arrest. Our West Palm Beach DUI attorneys have successfully argued that clients were not impaired while driving, using video evidence and demonstrating that impairment developed later as alcohol was fully absorbed into their system between driving and the breath test. This is known as the “absorption defense,” “on the rise” defense, or “time of driving” defense.
Breathalyzer Accuracy and Calibration
Meltzer & Bell, P.A. has secured acquittals in DUI cases with breath test results exceeding .08 by challenging the breathalyzer’s calibration and maintenance under Florida law. We can demonstrate that discrepancies between field sobriety test performance and breathalyzer results raise reasonable doubt about the accuracy of the BAC reading.
Toxicology and Drug-Related DUI
If urine tests reveal prescription or illegal drugs, this alone does not automatically equate to DUI or impairment while driving. All substances, legal or illegal, have half-lives, meaning they remain in the body for a limited time and may not have been impairing you at the time of arrest. State toxicologists will concede that drug presence in urine doesn’t automatically prove impairment at the time of driving. For instance, marijuana can be detected in urine for up to 30 days, making it difficult for the prosecution to prove impairment at the time of driving based solely on urine test results.
Accident Report Privilege
In cases involving traffic accidents, statements made to officers at the scene, even incriminating ones, may be protected under Florida’s accident report privilege and excluded from evidence. If Miranda rights were not read before questioning at the accident scene (and the privilege wasn’t waived by leaving the scene), pre-Miranda statements are generally inadmissible, regardless of admissions made about alcohol consumption or fault in the accident. This privilege is robust and can prevent the prosecution from using these statements against you. Meltzer & Bell, P.A. diligently files motions to protect your Fifth Amendment rights and exclude illegally obtained statements.
South Florida DUI Resources
Florida Highway Patrol: State law enforcement agency responsible for patrolling Florida highways, including Palm Beach County.
Palm Beach County Sheriff’s Office: Local law enforcement agency patrolling Palm Beach County, including DUI and Traffic Enforcement Units.
FDLE Alcohol Testing Program: Florida Department of Law Enforcement program regulating alcohol testing devices and procedures.
Secure Experienced DUI Defense in West Palm Beach
Lawrence Meltzer and Steven Bell are highly respected and qualified West Palm Beach DUI defense lawyers. An attorney from our office is available 24/7. Call Meltzer & Bell, P.A. today at (561) 557-8686 for a confidential consultation. We represent clients throughout West Palm Beach, Boca Raton, Delray Beach, Wellington, Lake Worth, and all surrounding Palm Beach County communities.
Frequently Asked DUI Charge Questions
What to do if stopped for suspected DUI?
Remain calm and courteous. Exercise your right to remain silent. Politely request to speak with an attorney before answering questions or undergoing tests.
Can I refuse a breathalyzer in Florida?
Yes, but refusal carries consequences. First-time refusal results in an automatic one-year license suspension.
Will a DUI impact my job?
Potentially, especially if your job requires driving or a professional license. Consult a West Palm Beach DUI lawyer to understand and mitigate potential employment consequences.
Don’t Face DUI Charges Alone
If you are facing DUI charges in West Palm Beach, do not navigate the legal system without experienced counsel. Contact Meltzer & Bell, P.A. today for a free consultation. We are prepared to vigorously defend your rights and protect your future.
This article was last updated on Sunday, September 13, 2024.
