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West Palm Beach DUI Lawyers

• Perlet & Shiner: There are many procedures that a police officer must follow during his or her investigation of a DUI. An officer's failure to perform any one of these procedures could result in a dismissal of your case. How will you know if you are one of these people who should have his or her case dismissed? You won't know, unless you hire a qualified, highly experienced attorney. It is critical that you contact an attorney as soon as possible. Many people do not know that you have only 10 days from the day of your arrest to request a Formal Review Hearing with the Department of Motor Vehicles. This hearing is very important because if you win, you will get your driver's license back.
• Cistaro, Jacqueline: After an accused has been arrested for committing a crime, what happens next and what should he do next? Once an officer has taken the accused into custody, he is no longer free to walk away, and the arrest is complete. An arrest is only proper and legal if the officer has probable cause to believe that the accused committed an offense or was about to commit an offense. An arrest is also proper when it is being conducted pursuant to an arrest warrant. However, if the warrant is not valid, numerous other issues will be raised.
• David Olson: Florida carries severe penalties for driving under the influence, or commonly referred to as DUI. A drunk driving conviction in Florida can result in fines, suspension of drivers license, and imprisonment for up to six months for first time offenders. A second conviction can result in a nine months sentence, and a third can be filed as a felony, with a potential five year prison sentence. A DUI offense may apply to driving any type of vehicle, including bicycles or farm equipment.
• Strolla Law: Being convicted of DUI can result in: 1. Loss of liberty 2. Loss of driving privileges 3. Fines and court costs 4. A criminal record Other penalties may include years of higher insurance rates, many hours of enforced community service and a tarnished reputation. Many DUI cases can be successfully defended, thereby preserving your driving privileges and avoiding jail time. Frequently, it can be shown that a police officer's decision to arrest you was improper or unlawful. Evidence favorable to you may be presented to show that your condition at the time of your arrest was caused by factors other than alcohol. These factors may include having been in an accident, fatigue, your physical condition, or use of medications.
• Romano, Eriksen & Cronin: Criminal law cases require knowledgeable, effective, and skilled representation. There is no substitute for experience in cases involving serious criminal charges. Often, individuals accused of crimes experience anxiety or embarrassment and may be confused about the complex steps involved in their case.
• Morgan McDonald: Crimes designated as Misdemeanors are punishable by confinement in the County jail as follows: 1. For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year; 2. For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.
• Morse & Morse: Criminal Law If you have been charged with a felony or misdemeanor in the West Palm Beach, Florida area, you need a skilled defense attorney.
• Grey Tesh: Can I get my license back? Possible yes. You have 10 days from the date of arrest to file for your formal review hearing. This is your sole opportunity to get your license back. Call and we will fax the paperwork for you. If retained early enough, we can waive your presence at your arraignment. Should I blow into the breath machine? Generally, no. The Intoxilyzer 5000 (breath machine) is not accurate. Also, why give evidence to the state attorney? Reasonable doubt arises from the evidence lack of evidence and conflict in the evidence. If you blew >.08, your license will be suspended for 6 months. If you refused the breath, blood, or urine test, your license will be suspended 12 months for the first refusal and 18 months for a second refusal. Request a formal review hearing within 10 days of arrest to get your license back. Can I beat this DUI? There are many ways to beat a DUI on what some call a "technicality." For instance, if the officer did not have probable cause to stop you, I would file a motion to suppress, and if granted, the case would be dropped. Also, if police did not follow certain procedures in taking breath samples, the results may be thrown out.
• Ronald Chapman:

  Drunk Driving (DUI) & Traffic Violations

  Even if this is your first offense, the penalties for driving under the influence of alcohol or a controlled substance can be serious. Some of these crimes and offenses include:

  • DUI Manslaughter
  • Careless Driving
  • Driving with a Suspended Driver's License
  • Fleeing or Attempting to Elude a Police Officer
  • Leaving the Scene of an Accident
  • Vehicular Homicide

  And the penalties for such crimes and offenses include:

  • License suspension
  • Fines
  • Attendance in alcohol prevention programs
  • Jail time

  You may also be charged with higher insurance premiums for a period of several years.

• Andrew Stine: DonÕt face your criminal charge alone.  FloridaÕs legal system is incredibly complex, and you need a Florida criminal defense lawyer who not only has comprehensive knowledge of the system, but who will also zealously defend your Constitutional rights.
• Robin Roshkind: You should consult an attorney for individual advice regarding your own situation.
• Susnar & Geesey: Unlike civil law, which involves private lawsuits between two or private entities, criminal law involves prosecution by the state or federal government of a person or business for an act that has been classified as a crime. Any act or omission of an act in violation of a public law forbidding or commanding it is considered a "crime." With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea), and the intent to do social harm. Crimes are classified as "misdemeanors" (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and "felonies" (more serious offenses that warrant imprisonment of one or more years such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder). In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil lawsuit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But the prosecutor in a criminal law case has to prove to the judge or jury "beyond the shadow of a doubt" that the defendant is guilty of the crime charged.
• Amanda Belkin: Pursuant to 18 U.S.C. Section 16, a "crime of violence" for which a convicted alien may be deported must involve either one of the following: 1. Use of physical force against the person or property of another; or 2. A felony that involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. The Court in Ashcroft interpreted the first definition as requiring "active employment" of force. Accordingly, the Court concluded that a DUI offense is not a crime of violence where the DUI statute under which an alien was convicted does not require proof of any mental state or only requires proof that an individual acted negligently. The Court reasoned that a person convicted of DUI does not actively employ physical force against another, where the state's DUI statute does not require "a higher degree of intent than negligent or merely accidental conduct." Furthermore, the Court concluded that the second definition does not cover all negligent conduct (e.g., negligent operation of a vehicle), where the negligent conduct at issue did not involve a substantial risk that physical force might be used against another by virtue of committing the offense. The Court distinguished a DUI offense from burglary, which "involves a substantial risk that the burglar will use force against a victim in completing the crime."
• Kate Lynn: If you are arrested in Florida, the decision whether to answer any questions is entirely your own. You should give this matter your careful consideration because oral statements, as well as, written statements will be received as evidence in court against you. If you are offered any inducement to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to see one immediately. If you are unable to afford an attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender is a lawyer and is available to give you important legal advice following your arrest. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your right to remain silent. Criminal Punishment If you are arrested for DUI in Pennsylvania, you will probably face Êcivil and criminal sanctions. A civil or administrative consequence of DUI is that PennDOT will request that your driver's license be suspended. In the criminal case, you will be faced with incarceration, fines and costs, mandatory alcohol education classes, and the loss of your privilege to drive. ÊThe punishment you will face directly depends on your alcohol level. ÊFor more information about drinks consumed and your alcohol level, please clickÊhere for the "drink wheel."Ê There are three sets of punishment set in Pennsylvania depending on how high your blood alcohol is: from .08 to .099%; Êfrom .10 to .159%; and, from .16% and higher.ÊAdditionally, punishment in Pennsylvania will increase depending on how many prior DUI's have been committed. Finally, you are not permitted a jury trial in Pennsylvania on a DUI unless it is a second offense with a blood alcohol content of .16% Êor higher, or if it is your third DUI. Otherwise, upgraded misdemeanors are not allowed a jury trial.ÊÊWhen considering punishment under Pennsylvania law, prior offenses are calculated to include DUI offenses committed within the previousÊ10 years. Civil Punishment PennDOTÊ takes civil (administrative) action independent of the court system. Each conviction of DUI triggers one year of driver's license suspension. While you have the option of refusing a requested blood, breath or urine test, any such refusal will result in your loss of driver's license privileges for one year. Implied consent warnings are given to you to inform the you of the requirement to take a requested breath, blood or urine test.ÊAppeals from such suspensions may be taken.ÊÊ If a law enforcement officer has reasonable grounds to believe that you were driving, operating or in "actual physical control" of a motor vehicle while impaired, you have been deemed to have given implied consent to a breath, blood or urine test. Refusal to take such a test results in a one year license suspension and 3 days mandatory jail. ÊIf you are later convicted of DUI, this suspensionÊwill beÊin addition to any DUI suspension. Finally, if you are found to be operating a motor vehicle while under DUI driver's license suspension, punishment may include a 60-day mandatory incarceration, $500.00 fine and an additional year of license suspension.Ê Occupational limited licensesÊ(OLL ) may also be available.
• Sue Foreman: Whether you are facing misdemeanor or felony charges, in state or federal court, there is one guarantee: the government will do what they can to try to convict you. You need an experienced and skilled criminal defense attorney to defend you.
• Christopher Haddad:

  List of Miranda Rights

  1. You have the right to remain silent and refuse to answer questions.

  2. Anything you do say may be used against you in a court of law.

  3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

  4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

  5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney

  6. Knowing and understanding your rights as I have explained them to you.
  

• Ronald Chapman: By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test.
• Richard Springer: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .10 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .10 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .10 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .10 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
• Timothy Foster: In Florida, a conviction on a 1st D.U.I., can result in 6 months in jail, probation, a $500.00 fine, license suspension, community service hours, attendance at a substance/alcohol course, attendance at D.U.I driving school. And a D.U.I conviction remains on your record for life. Not to mention, that your automobile insurance may double if you are lucky enough not to have the company cancel you.