A DUI conviction can result in a number of severe consequences, including a driver’s license suspension, imprisonment, community service, probation, mandatory substance abuse counseling, and the installation of an ignition interlock device.
Being charged with a DUI offense is understandably frightening given all that is at stake. That is why the most important decision you can make is hiring a Boynton Beach DUI lawyer who can deliver an effective and comprehensive defense strategy. If you face DUI charges, contact a knowledgeable DUI lawyer who will fight for you.
In Florida, someone commits the offense of driving under the influence if they are found to be driving or in actual physical control of a vehicle while under the influence of alcohol/chemical substances/controlled substances to the extent that normal faculties were impaired and/or, have a blood/breath alcohol level of 0.08 percent or more. The phrase normal faculties refers to, the ability to see, hear, walk, talk, make judgments, and otherwise perform the many mental and physical activities necessary to safely operate a motor vehicle.
Florida Statutes Section 316.1932 (commonly known as implied consent) sets out the circumstances under which a law enforcement officer can request a blood, breath, or urine test during the course of a DUI investigation.
If a person who is arrested for committing a DUI offense in Florida has a breath/blood alcohol level of 0.08 percent or more or refuses to submit to a lawful request for a blood, breath, or urine test, their license will be administratively suspended by the Department of Motor Vehicles. A Boynton Beach DUI lawyer can help an individual contest the suspension of their license if they choose to do so.
Common DUI Offenses
DUI offenses are defined in Florida Statutes 316.193. A DUI can be charged as a felony or misdemeanor offense depending on if the person has any prior DUI convictions and whether the DUI caused or contributed to property damage or the bodily injury or death of another.
- First DUI Conviction –Punishable by up to six months of imprisonment, a fine of up to $1,000, and a minimum driver’s license revocation of 180 days
- Second DUI Conviction – Maximum imprisonment of nine months. Fine of $1,000-$2,000. Minimum driver’s license revocation of five years if the second offense occurs within five years of any prior conviction
- Third DUI Conviction more than 10 years after a prior conviction – Punishable by up to 12 months in jail and fine of $2,000-$5,000
- Third DUI Conviction within 10 years of prior conviction – Punishable as a third-degree felony, minimum mandatory imprisonment of 30 days. Minimum driver’s license revocation of 10 years
- Fourth or Subsequent DUI Conviction – Maximum imprisonment of five years. Fine of not less than $2,000. Permanent driver’s license revocation
- DUI Causing Property Damage or Personal Injury Conviction – Punishable as a first-degree misdemeanor
- DUI Causing Accident Involving Serious Bodily Injury Conviction – Punishable as a third-degree felony
- DUI Manslaughter – Punishable as a second-degree felony
The DUI penalties associated with a DUI conviction can be enhanced if either the person’s blood/breath alcohol level was 0.15 percent or more or they were accompanied by a minor (under 18) in the vehicle.
Role of a Boynton Beach DUI Attorney
A DUI charge can lead to points on your license, fines, and even jail time. With so much at stake, it is vital that you reach out to a skilled DUI attorney who can look at all of the facts of your case, and use them to build your defense. If you have been arrested or charged with a DUI in Palm Beach County or the greater Boynton Beach area, a Boynton Beach DUI lawyer can help.