Considering the catastrophic consequences DUI accidents can cause, Florida enforces strict laws against driving under the influence. Those convicted face significant penalties, including jail, steep fines, and long-term consequences that extend beyond the Courtroom. A West Palm Beach DUI Lawyer from Leifert & Leifert can help you understand your rights, how to use them to challenge the charges, and fight to protect your freedom and future.
To discuss the specifics of your case or begin building your defense, schedule a consultation with a defense attorney today.
Florida DUI Laws Explained
Under Florida Statutes § 316.193, a person may be charged with DUI for operating or being in control of a vehicle with a Blood Alcohol level of 0.08 or greater, or while simply being impaired by alcohol or drugs. You do not need to be driving at the time—being in a parked car with access to the keys may qualify as actual physical control and lead to arrest.
What Happens After a DUI Arrest?
After arrest, booking, and release, your arraignment is usually scheduled within 30 days, where charges are formally presented and a plea is entered. Within 10 days, you must request a hardship license or an administrative hearing to challenge the license suspension. Your Attorney should then request any and all evidence that the Government has against you.
Pre-trial motions may follow, including efforts to suppress evidence or dismiss charges. Negotiations will commence after all of the evidence is received and reviewed. If the case proceeds to trial, both sides present evidence, argue your case to the Jury, await a verdict, and sentencing follows if you are found Guilty. An Attorney from Leifert & Leifert can guide you through every stage and protect your interests throughout the DUI case process with eh goal being to get your case dismissed or reduced to eliminate the need for expense and risk of a Trial.
DUI Penalties and Sentencing
A first DUI offense carries jail time, fines, probation, and DUI school, Substance abuse treatment, community service, license suspensions and random testing for drugs and alcohol. Judges may impose an ignition interlock device. A second offense within five years increases penalties to up to nine months in jail, a five-year license suspension, and a mandatory interlock. A third DUI within ten years can result in Felony charges, including a minimum of 30 days in jail, ten-year suspension, and two years of interlock. A fourth DUI is a Felony punishable by up to five years in prison, permanent license revocation, and a mandatory interlock.
CDL and DUI Consequences
For commercial drivers, DUI charges carry even higher stakes. A single conviction—whether in a personal or commercial vehicle—can lead to the loss of CDL privileges. While first-time offenders may reapply after one year, the impact on current and future employment can be substantial.
DUI Diversion Program
Palm Beach County offers a DUI diversion program for first-time offenders. Eligibility requires no prior DUIs, no accident or injuries, no additional charges, and a BAC below .15. Successful completion of conditions such as DUI school and community service may lead to a charge reduction to reckless driving, preserving eligibility for record sealing. Our DUI Attorneys in West Palm Beach help clients determine eligibility and possible exceptions to the above guidelines and navigate this process whenever possible.
Can I Be Charged with a DUI If I Wasn’t Actually Driving?
If it is not clear who is driving, the only way a passenger can get charged with a DUI is if there is a witness saying that person is indeed not a passenger but instead was a driver. They may claim that the person, at the time of the accident, moved over from the driver seat to the passenger seat or jumped from the front seat to the backseat. This is an important element of driving to consider in DUI cases.
The only way a passenger can get charged with a DUI is if they are being identified as a driver or if they are in a vehicle by themselves and in the front seat. They may be passed out, with the keys in the ignition, if it is shown that they have the ability to operate the motor vehicle in a moment’s notice or legally in actual physical control of the motor vehicle.
Fighting a DUI Charge
For many who face a DUI charge in Florida, it may initially seem as though all hope of success in court is lost. However, there are a number of strategies and tactics that a skilled attorney may be able to employ, including:
- Attacking the legality of the initial traffic stop and search
- Questioning the accuracy of alcohol test administration and reporting
- Raising the defendant’s existing medical conditions as reasons to doubt sobriety test results
- Casting doubt on the propriety of police evidence handling techniques
- Challenging the truth and veracity of the Police Officer’s opinion that the Client was impaired at the time of the arrest
Despite the seriousness of these charges, many DUI arrests have legal weaknesses. A West Palm Beach DUI Defense Lawyer may challenge the legality of the stop, the accuracy of chemical tests, or the Officer’s interpretation of your behavior. Every detail of the arrest and evidence must be reviewed to build the strongest defense to obtain the best possible result.
As is true in all criminal matters, the sooner this process can begin, the better the chances of securing a favorable outcome.
What Law Enforcement’s Burden of Proof?
What the officers need to show in order for searches to be constitutional is a warrant that is presumptively constitutional but it is to be signed off by a judge prior to being executed based on the sworn facts presented to the Judge at an informal hearing and in writing based on their knowledge and their experience.
If they do not have a warrant, what they would need to show is that they had reasonable suspicion or a right to suspect that there was illegal activity afoot. It could be vital for the accused to speak with an attorney about whether the actions of law enforcement could be considered common constitutional issues in West Palm Beach DUI cases.
Common Sources of Evidence
Sometimes, they do not smell smoke but they observe something like some paraphernalia or they observe illegal drugs or something that looks like illegal drugs in the car on the seat, in the console, on the floorboard of a car. They may observe something in what is called plain view and that gives them the right to search the car just based on what they see.
They need to show a reason in order to search the car. They need to show a reason as to why they suspect something is illegal in the car, or that they saw something that is illegal in the car, or that they were given permission by the person to search the car.
Defining a Driver’s Constitutional Rights
A person does not have to give permission to be subject to a car search. However, if someone is asked for their consent, it may be critical to speak with an attorney. They can help the driver try avoiding common constitutional issues in DUI cases. Of course, the person would be non-cooperative and they will have to call the dogs but there are rules in place and they are there to protect the person.
Common Constitutional Issues in DUI Cases
Not receiving reasonable assistance to obtain an independent test could be considered a constitutional issue. Other constitutional issues that may arise in a DUI case or constitutional issues that may arise in DUI cases will come about during questioning.
An officer may not be able to ask certain questions of a person under the Constitution but they ask them anyway. If they are asking questions and the answer can negatively impact the person, there may be a constitutional issue regarding that.
A potential constitutional issue would be if a person is asked to give a breath test and they are misled about the law or coerced into giving a breath test. Speak with a lawyer as soon as you can about how your case is being handled by law enforcement thus far.
Who Can a Defense Attorney Seek Discovery From?
A defense attorney would be able to seek discovery from the prosecutors and the State Attorney’s office. It could also include law enforcement, the police department and any other agencies that are responsible for prosecuting the person.
Normally, evidence gathered by the State Attorney’s Office, but the State Attorney’s Office may not have everything and may redirect the attorney to other relevant parties like the investigative arm of the government, and the law enforcement agency that is working for the government to get any information that they have.
The defense might seek discovery from both expert and ordinary witnesses. Then from that, depending upon what the defense finds, they may be looking for other experts to testify, like a toxicologist, or someone who is well-versed in the workings of the Intoxilyzer depending upon the issues that are discovered in discovery.
Discovery is Ongoing and Reciprocal
One important aspect to know about the DUI discovery process is that the government will give a person their initial response 30 to 45 days upon request. Discovery is ongoing all the time. The government may be gathering further evidence of the case and they realize that there is another law enforcement officer that has written reports or information to provide that is not in any report.
They may go back and do a further investigation to talk with eyewitnesses. As the government generates more evidence, they need to turn it over. Once an experienced DUI attorney in West Palm Beach elects to participate in discovery or demand discovery, the obligation is continuing.
That is also an ongoing process as defense attorney evidence gathers for the person. Whether it is through eyewitnesses or expert witnesses, it is the attorney’s job to gather it and their obligation to turn those over. It is reciprocal as both sides have to share all the information and it has to lead to a full, fair trial with full disclosure of all the facts.
Voluntary Nature of the Discovery Process
The other thing that is important to know about the DUI discovery process is that it is voluntary. A person does not have to participate in the discovery process. There are certain strategic reasons why the attorney would not pursue discovery, but they are few and far between.
Most experienced West Palm Beach DUI attorneys will want to know what the evidence is against the individual. They will want time to explore that evidence, challenge it, and come up with evidence that contradicts it or rebuts it. If an individual has been charged with a DUI and wants to pursue discovery, they should reach out to a skilled DUI attorney that can help.
Understanding the Role of an Expert Witness
After being sworn in, experts must first testify as to their knowledge, training, and experience before expressing their opinion based on the facts that they observed. Once they establish their background experts can testify about a test result, the scene of a crime or accident, toxicology, or drug recognition depending on their experience.
Lawyers will get a chance to cross-examine the witness. If the expert witness is expressing opinions on behalf of the government, the defendant’s attorney will get a chance to question and try to refute their qualifications and conclusions.
The impact of an expert witness in DUI cases will be determined by the jury’s reaction. The jury will determine how knowledgeable the person is, how reliable they are, how believable they are, and the jury will decide what weight to give the evidence being offered by the expert witness’ testimony.
Defense Case vs. Government Case Presentation
When either side says that they rest, they are conveying that they have presented everything that they wanted to present. The defense has the opportunity at that point to decide whether they want to present their case or not. Sometimes, it is better to present a witness when presenting an argument for the defense.
What is Considered Presentable Evidence in a DUI Case?
Presentable evidence can include witness testimony, expert testimony, digital evidence, photographic evidence, medical testimony, or other resources a DUI attorney in West Palm Beach may deem beneficial. While the government was presents their case, they may try to discredit the defense witness and the defense evidence in an attempt to show these presentations are unreliable.
Mitigating the Impact of DUI Charges
While every DUI case is different, and it is impossible to guarantee that a specific result can be obtained, a seasoned West Palm Beach DUI attorney will work diligently to minimize the potential effect of a drunk driving charge on each client’s life and livelihood.
Where possible, every effort will be made to have charges reduced or perhaps even dismissed altogether. If that does not prove achievable, plea agreements aimed at mitigating sanctions and eligibility for pre-trial diversion programs will be thoroughly explored and pursued.
Background Checks
It is important to be aware of the fact that employers frequently run background checks before hiring an individual and occasionally on an annual basis after they are employed. Many employers would require someone to report an arrest or conviction for any charge to them within 24 hours of its occurrence.
The Presence of a Criminal Record
If a prospective employer sees a DUI conviction on a record, the way that would affect someone’s chances of getting the job would depend on who the employer is and what that job entails. Because Florida is an at-will state, an employer can decide to hire someone based on their own requirements and policy. If that individual’s future boss does not believe in drinking, that could certainly affect their ability to find employment with that company, but there are certain situations where they themselves have had experiences with DUIs in the past and would allow the applicant to explain their situation to them.
Long-Term Effects
When considering how DUIs impact future employment, know that there are certain jobs that an individual would be disqualified from pursuing if they have any type of criminal record whatsoever. These could include professions such as being a commercial driver or a pilot. However, in general, the longer time has elapsed since a DUI conviction, the less effect it should have on one’s ability to find employment. Many administrative jobs will still allow individuals to work there as long as the employer does not think that the applicant has a problem with alcohol abuse. In the long term, there are ways to further one’s self from a DUI conviction through their own actions, speech, and work experience to continue to find employment.
Can First-Offense DUIs Affect Employment?
How a West Palm Beach DUI affects employment can depend on what an individual does for a living. If someone uses their car for a living and they cannot drive, it will absolutely affect their employment. If they are in the service industry and they possessed and served alcohol, a DUI could prevent them from carrying out those actions. The potential conditions of probation that an individual may have to face could also impact someone’s employment.
That being said, a first-offense DUI’s consequences are sometimes less severe than many would think. It is common to drink in American culture, and a lot of individuals have the attitude that this could happen to anyone who drinks. On a first offense, it would be typical to go into a substance abuse program and simply be monitored to make sure that one’s relationship with alcohol is not affecting their professional background.
Contact a West Palm Beach DUI Attorney Today
For anyone accused of driving under the influence of drugs or alcohol in Florida, the stakes could hardly be higher.
If you are in the midst of such a situation, the present and future harm a conviction is sure to inflict not just on you, but also on your loved ones must not be ignored. You owe it to yourself to secure the knowledgeable help and unwavering advocacy only a West Palm Beach DUI lawyer can provide. Call us today to get started on your defense.
The consequences of a DUI conviction can be devastating. Whether you are facing your first offense or have prior charges, a West Palm Beach DUI Defense Lawyer is essential. Contact Leifert & Leifert for a free consultation. We will fight for your rights and pursue the best result possible for your case.
