(561)988-8000 When you have been charged with a DUI offense in Boca Raton or surrounding areas in Southern Florida, you need an attorney who can defend your rights, explain your options, and aggressively pursue the most positive outcome possible in your case.
A Boca Raton DUI lawyer understands how frightening a DUI charge can be, which is why they will commit the fullest extent of their resources, knowledge, and experience to protecting your future and freedom. If you face DUI charges, contact a capable DUI attorney who can fight for you.
Driving Under the Influence Charges in Florida
Driving under the influence (DUI) is the unlawful act of operating a motor vehicle while impaired by alcohol or a controlled substance or with a blood or breath alcohol level that exceeds the legal limit. In order to convict someone of a DUI in Florida, the prosecution must prove beyond a reasonable doubt that the accused drove or was in actual physical control of a vehicle, and while driving the vehicle was either under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties were impaired, or that they had a blood or breath alcohol level of .08 or above
Florida’s implied consent law establishes when it is appropriate for a police officer to request that a person under suspicion of DUI submit to a blood, breath, or urine test. Refusal to submit to a lawful request for a blood, breath, or urine test, after a DUI arrest will result in the immediate administrative suspension of the person’s driver’s license and is admissible as evidence at trial.
Prosecutors tend to rely on two kinds of evidence to prove that a person is guilty of driving under the influence–chemical tests (blood, breath, or urine) and physical signs of intoxication that are observed by the police officer during a traffic stop such as slurred speech, the smell of alcohol on someone’s breath, bloodshot eyes, and performance on field sobriety tests.
Types of Field Sobriety Tests
During a traffic stop, police officers use various investigative tools and techniques to determine whether the drivers are impaired. Aside from visual observations, smells, and analysis of speech patterns, police officers routinely ask drivers to undergo field sobriety tests (FSTs) if they suspect that they are impaired. The National Highway Traffic Safety Administration (NHTSA) has three tests that constitute the Standardized Field Sobriety Test, including the horizontal gaze nystagmus, walk-and-turn, and one-legged stand tests.
Horizontal Gaze Nystagmus
To administer the horizontal gaze nystagmus test, police officers slow move a pen or flashlight back and forth to examine the ability of the drivers to follow visual stimuli with their eyes. Impairment may be present if the eyes of the drivers jerk rapidly in response to the movement of the object.
Walk-and-Turn
Drivers must walk forward nine steps, heel to toe, in a straight line. The drivers then must turn around and walk back in the same manner. This test measures physical balance and coordination, as well as the ability to understand and follow instructions.
One-Legged Stands
During the one-legged stand test, police officers instruct drivers to stand on one leg and hold their other foot at least six inches from the ground. The drivers then must hold this position while counting for 30 seconds. These tests also measure the cognitive processing of instructions and the ability to balance.
Understanding the impact of field sobriety tests on DUI cases in the local area can assist in a strong defense to DUI charges. Although the test results may be relevant in some DUI cases, the results may not indicate impairment in other cases.
Minimizing the Impact of Field Sobriety Test Results in a DUI Case
Despite the alleged accuracy of FSTs, which Law Enforcement officers routinely use nationwide, factors other than impairment can easily affect field sobriety test results. For example, some medical conditions and medications can affect field sobriety tests, as can fatigue. Hearing impairments and simple miscommunication also can lead to questionable results.
Police officers also must receive specific training to administer FSTs properly. Officers who are poorly trained or improperly trained may conduct the tests incorrectly, which obviously can affect the test results. These officers also may need periodically updated training to keep up to speed on the proper procedures.
Aside from the standard battery of FSTs, local Law Enforcement agencies also can administer additional field sobriety tests in Boca Raton DUI cases as they deem appropriate. These tests might include having drivers recite the ABCs, count to a specific number, or touch their fingers to their nose.
DUI Convictions and Penalties
Florida Statutes Section 316.193 lays out the various DUI offenses. The severity of punishment for DUI offenses varies greatly depending on whether the person has any previous DUI convictions and the specific facts of the case (e.g. if the DUI resulted in an accident causing property damage or personal injury).
- First DUI Conviction
- Fine: $500–$1,000
- Imprisonment: No minimum, maximum six months
- License Suspension: 180 days–1 year
- Second DUI Conviction
- Fine: $1,000–$2,000
- Imprisonment: Maximum nine months, Minimum ten days if within years of a prior DUI conviction
- License Suspension: Minimum five years ( if within years of a prior DUI conviction )
- Third DUI Conviction (more than 10 years after a prior conviction)
- Fine: $2,000–$5,000
- Imprisonment: Maximum 12 months
- License Suspension: 180 days–one year
- Third DUI Conviction (within 10 years of second conviction)
- Fine: $2,000-$5,000
- Imprisonment: Minimum 30 days, Maximum five years
- License Suspension: Minimum 10 years
- Fourth or Subsequent DUI Conviction
- Fine: Minimum $2,000
- Imprisonment: Maximum five years
- License Suspension: Permanent
Having a blood/breath alcohol level of 0.15 or higher or a minor (under 18) in the vehicle increases the penalties upon conviction. An attorney can work to mitigate potential penalties an individual might face following a DUI conviction in Boca Raton.
Penalties for Felony DUI Convictions
A third-degree Felony DUI conviction can result in a prison sentence of a maximum of five years and a fine of up to $5,000. A fourth or subsequent DUI conviction is also a third-degree Felony conviction, but this conviction requires that the fine be a minimum of $2,000.
For a third DUI conviction within ten years, individuals must pay for the installation and maintenance of an ignition interlock device for at least two years if they qualify for a permanent or restricted license. Individuals also must serve a minimum sentence of incarceration of 30 days, and at least 48 hours of those 30 days must be consecutive.
Furthermore, as a condition of their probation, the vehicles of these individuals also will be subject to impoundment or immobilization for 90 days. The impoundment or immobilization cannot occur concurrently with the incarceration of these individuals. However, some circumstances allow the court to dismiss the impoundment or immobilization order, such as if family members have no other means of transportation.
DHSMV Administrative Drivers’ License Suspensions
Under state law, a DUI case is likely to result in two different types of suspensions. The first is a Department of Highway Safety and Motor Vehicles (DHSMV) Administrative Suspension. This is imposed—not as part of the defendant’s criminal case—but through an administrative process. After a DUI arrest, this suspension may be imposed if:
- The defendant refused to acquiesce to a breath, urine, or blood test; or
- The defendant did submit to the test, and their blood alcohol concentration (BAC) was 0.08% or higher
A test refusal could result in a suspension for six months, one year, or eighteen months, depending on a number of factors.
The Ten-Day Rule
With refusals, a defendant is granted a temporary driving permit that lasts ten days. Within that ten-day period, a DUI defendant may request a formal review hearing with the DHSMV to fight the administrative suspension of their driver’s license.
This period of time is critical. Failure to properly request this hearing in time can result in the imposition of the suspension. A proper request could get the defendant a temporary license that extends much further and permits the defendant to drive. Additionally, a successful challenge to the suspension could permit full driving privileges during the pendency of the criminal case.
Criminal Sanction Suspensions
In a criminal case, a person’s driver’s license may be suspended as a result of a conviction. Depending on the severity of the offense and type of DUI charge, this suspension can last anywhere from a couple months to a lifetime ban. The time someone’s license may be suspended typically increases with the number of prior DUI offenses and the severity of the surrounding or aggravating circumstances with the charge.
Challenging a Revoked Driver’s License in Boca Raton
When a defendant’s license is suspended or even revoked, there are challenges that can be made to this legal determination. The specific method to challenge the revocation can vary depending on whether the license was suspended administratively or as part of criminal sanctions. Following a license suspension for a DUI, a defense attorney in Boca Raton may be able to:
- Apply for a hardship license for the defendant
- Fight the administrative suspension of the defendant’s driver’s license
- File a motion for temporary or limited driving privileges
- File for reinstatement of a driver’s license after a conviction
- File an appeal on the underlying criminal case
These strategies as well as many others may help the defendant get their driving privileges back after a DUI arrest.
Circumstances Resulting in Felony DUI Charges
Although DUI charges are usually a Misdemeanor under state law, Felony DUI charges can arise in various circumstances. A Felony DUI conviction carries the potential for more significant penalties than Misdemeanor DUI charges. Individuals who are facing Felony DUI charges may wish to consult a Felony DUI Lawyer in Boca Raton for advice.
Prior DUI Convictions
Under Florida Statutes §316.193, individuals who commit a third DUI offense within ten years of a previous conviction will face third-degree Felony DUI charges. Likewise, anyone who commits a fourth or subsequent DUI offense, regardless of when their prior convictions occurred, is subject to Felony DUI charges.
DUI Resulting in Serious Bodily Injury
A DUI offense that results in serious bodily injury to another also is a third-degree Felony. Florida Statutes §316.1933 provides that serious bodily injuries constitute a physical condition that creates a significant risk of death, major disfigurement, or extended loss or impairment of any bodily or organ function.
DUI Manslaughter
Individuals can face second-degree Felony charges for committing a DUI that results in the death of another or an unborn child. This situation also can result in first-degree Felony charges in some circumstances.
Value of a Boca Raton DUI Attorney
A Boca Raton DUI lawyer is dedicated to providing aggressive, compassionate, and personalized DUI representation to all clients. Reach out to an adept DUI attorney today and find out how they can put their extensive experience to work for you.
