Have you or your loved one been charged with a drunk driving offense in Delray Beach, FL? Are you wondering what to do next? Are you worried about the legal consequences of your offense?
If you are looking for the best DUI defense attorney in Delray Beach, look no further than Steinberg Law. You can rest assured that our DUI defense attorneys will fight for the best possible outcome depending on the circumstances. We are here to help.
What Is the Blood Alcohol Content Limit in Florida?
The blood alcohol content limit in Florida is .08. Note that, a standard liquor drink contains an ounce of liquor while a glass of wine is 5 ounces. On the other hand, a beer is 12 ounces.
It may be tough to determine your BAC limit. As such, when you are partaking in alcoholic beverages, you need to use your judgment if you are driving. It’s always a good idea to get a designated driver to avoid any issues that may come up.
Remember, some factors may affect the BAC limit. For instance, your alcohol tolerance, weight, your diet, hydration, and stress may make the concentrations vary. The BAC limit is used to prove your impairment level.
However, you can still be charged with a DUI offense even if your blood alcohol content is lower than .08. In this situation, the State must prove that partaking in alcohol has impaired your ability to drive properly.
What Penalties Can I Face for a DUI in Florida?
In Florida, the penalties for driving under the influence of drugs and alcohol can be very severe. You may be subject to a suspended driver’s license, jail time, or hefty fines depending on the offense.
The penalties will be more severe if your blood/breath alcohol level (BAL) was .15 or higher, there was a minor in the vehicle, or if you injured or killed someone while driving under the influence of alcohol or drugs.
First DUI Offense
If it’s your first DUI offense, it is a misdemeanor and some of the penalties include a suspended driver’s license for 180 days or a year, fines (between $500 and $1000), up to 6 months in jail, installation of an ignition interlock device and impoundment of your vehicle for 10 days.
Second DUI Offense
It is also a misdemeanor with penalties such as suspension of your driver’s license for a maximum of 5 years, fines (between $1000 to $2000), jail time (up to 9 months with mandatory 10 days), installation of an ignition interlock device for at least 1 year and impoundment of your vehicle for about 30 days.
Third DUI Offense
If you receive a third DUI offense within a period of 10 years after the second charge, you may be fined between $2000 and $5000 and could face jail time of up to 5 years with 30 days mandatory.
Your driver’s license will be suspended for a maximum of 10 years. Penalties also include the installation of an ignition interlock device for at least 2 years and impoundment of your vehicle for 90 days.
Fourth DUI Offense
If you are charged with your fourth DUI offense you may have your driver’s license revoked permanently. You can face fines of up to $2500, jail time of up to 5 years, installation of an ignition interlock device for 2 years, and impoundment of your vehicle for 90 days.
Whatever the charges, you need to work with a trusted DUI defense attorney in Delray Beach. At Steinberg Law, we have worked with many people who have been charged with DUI offenses and will fight to guarantee the best outcome in your case depending on the facts at hand.
Call us now and let us start working on your case immediately.
Can I Refuse a Breathalyzer Test in Florida?
Florida operates under the implied consent law when it comes to DUI offenses. Therefore, if you refuse to take a breathalyzer test, your driving license will be suspended immediately. Yes, you are allowed to refuse the test but you shouldn’t.
What Is a Felony DUI in Florida?
If you receive a third or subsequent DUI charge within a period of 10 years or get a DUI charge that involves death or injury to another person, it is charged as a felony. It is one of the most serious DUI offenses that is punishable with 15 years in prison and a maximum fine of $10,000.
What Are Some of the Common Defenses Used in DUI Cases?
If you have been charged with a DUI offense in Florida, you may face serious consequences as mentioned above. It’s a good idea to call the best Delray Beach DUI defense attorneys at Steinberg Law to ensure the best possible outcome.
Here are some of the most common defenses we can use in a DUI case.
Not Allowed to Contact Your Attorney
You have the right to contact your attorney after being charged with a DUI offense. Failure of the arresting officers to honor this right may lead to the DUI offense being dismissed.
Inaccurate Breathalyzer Test
Breathalyzer tests may determine your BAC limit at the time of the arrest. However, a single test alone may not be accurate enough to determine your BAC. In some cases, there may be false readings especially if you have a high temperature at the time of the test.
We will consult with forensic experts to help determine if there may be issues with the breathalyzer test that was administered to you.
Illegal Stop of Vehicle or Person
Your vehicle can’t be stopped unless the arresting officer has a reasonable basis to believe that a specific law has been violated. The state needs to prove that the evidence was obtained legally and in compliance with the Constitution.
According to the 4th amendment, you are protected from unreasonable search and seizures. Therefore, a police officer can’t stop you based on a hunch.
Inaccurate Field Sobriety Tests
For a field sobriety test to be considered accurate, it must be performed, given, and instructed the same exact way every time to identify any cues for impairment. Note that, if you are overweight, ill, or disabled, these tests may be inaccurate.
No Evidence of Driving or Being in Actual Control of the Vehicle
If you were not driving a vehicle or in actual physical control of a motor vehicle but are impaired, you will not be charged with a DUI. For instance, if you were sleeping in your vehicle after getting drunk just to become sober enough to drive, you may not be charged with a DUI.
On the other hand, just because you have turned on the vehicle and are not driving, it doesn’t mean that you were behind the wheel. A jury should be able to view the circumstance to determine whether or not you were in control of the vehicle.
Hire a Top DUI Defense Attorney in Delray Beach!
If you have been charged with a DUI offense in Delray Beach, Fl, you need to contact the best DUI defense lawyers at Steinberg Law. Over the years we have been in business, we have worked on numerous DUI cases to ensure the best outcome. Our job involves looking for weaknesses in the state’s case and creating a robust defense.
Don’t handle the case alone if this is your first DUI offense. We have a proper understanding of the law when it comes to DUI offenses and we are ready to help you out today. Call us now at 877-783-4611 and get in touch with the best Delray Beach DUI defense attorneys today.