UPDATED APRIL, 2023
Delray Beach is known for its vibrant, small town atmosphere. The shops, bars and restaurants along Atlantic Avenue provide tourists and residents with plenty to do and to see. The nightlife resembles that of a larger city, such as West Palm Beach or Miami. DUIs are a common occurrence in Delray Beach. Our DUI clients are certainly not hardened criminals. Most often, they are people who just happened to make a mistake. A DUI charge is something to take seriously, because the consequences for being found guilty are severe. If you are looking for a lawyer for dui, we can help you to reduce your stress by doing a lot of the work for you by going to court, filing legal documents and speaking to the state attorney so that you do not have many disruptions in your life.
Arrested for DUI? - Call Us at 561-588-2781 for a free consultation.
Why hire Bottari & Doyle Attorneys at Law?
Dan Bottari has handled over one hundred DUI cases and has defended clients in DUI jury trials. Not every lawyer has experience with DUI cases. DUI cases are a complex area of criminal law that requires understanding of Florida's DUI laws.
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This is what one of our client's had to say:
"Frantically on a Saturday afternoon, I knew I needed a lawyer and sooner than later. After speaking with 3-4 which I was surprised picked up my call on Saturday, they walked me through how they would help and answered my desperate questions. Understandably I got myself into this situation and now I needed help to get out. It was helpful to gain understanding but in what I hoped they would be able to more at less simplify and put me at ease and that I never felt. Thankfully Daniel Bottari answered my next call.
The whole process from start to finish with Bottari and Doyle was seamless and they (Dan in particular) went above and beyond.
I would highly recommend anyone and everyone to seek out there services. They were willing to help me any day and time that I needed them. I was able to learn that this process does not need to be anymore difficult or painful if you have the right help.
Thank you all a hundred times over!" - Derek J.
Do I need a lawyer for DUI?
Yes, a DUI is not just a traffic infraction. It is a crime punishable by jail time, a license suspension, fines, and costs. We are criminal lawyers and we defend people who have been arrested for DUI in Delray Beach and throughout Palm Beach County.
How is a Delray Beach DUI different from a DUI in West Palm Beach?
The courthouse for DUIs in Delray Beach is located at 200 West Atlantic Ave. The Delray Beach courthouse is one of Palm Beach County's satellite courthouses. There is only one county court judge in Delray Beach and only two state attorneys who handle the DUI cases. Our office is located in Delray Beach and it is only a few minutes from the courthouse. The case can resolve in Delray Beach or it can be transferred to the West Palm Beach courthouse at the direction of either the defense lawyer or the prosecutor.
This is a photo of the Delray Beach courthouse. Your case will start here if you were arrested in Delray Beach for a misdemeanor dui.
Where do DUIs occur in Delray Beach?
As local residents, we have driven on the same roads as you when your DUI occurred. These are some of the roads in Delray Beach. We are familiar with the intersections and the traffic laws in Delray Beach that may be a critical component of getting your case dropped.
- Atlantic Ave
- Federal Highway
- Lyons Road
- Lindell Boulevard
- Old Germantown Road
- George Bush Blvd.
- Linton Blvd.
- Military Trail
- Jog Rd.
Should I plea guilty to DUI?
No, you should never plea guilty to a DUI without first consulting with a dui lawyer. You may be unaware of legal dui defenses that you have to the case that can potentially get your case dismissed. An attorney for a dui charge should tell you that entering a guilty plea to a DUI charge without examining your case can lead to unnecessary consequences.
What are the consequences for a DUI in Delray Beach?
A DUI conviction can result in jail, probation, fines and court costs, mandatory bodily injury insurance requirements and increases in insurance premiums. These fines and fees can cost you over $10,000 if you are convicted of a DUI. A second DUI within five years of the first DUI requires a ten day mandatory jail sentence. A third DUI may require jail, inpatient rehab or house arrest along with a 10 year license suspension if you are being charged with a felony.
Arrested for DUI? - 561-588-2781
Where can I obtain the video of my arrest?
The police often record traffic stops through their dash cam and body cam. This information is public record and can be obtained by making a public record's request. Additionally, the attorney on the DUI case will be provided a copy of the video from the prosecutor assigned to your case. You will have the ability to review the footage with your lawyer. The state attorney must disclose any video that they intend to use at trial to the defendant's dui lawyer.
Arrested for DUI? - Call Us at 561-588-2781 for a free consultation.
What happens to my license after a DUI arrest in Delray Beach?
If you do not take the appropriate action, your license will get suspended 10 days after the arrest. We can help you retain your driving privileges (if you qualify) by making sure you get a hardship license to drive to and from work and school. If you do not act within 10 days, you will lose the ability to drive legally. Driving on a suspended license is never a good idea, and it's one of the most common DUI mistakes that can lead to serious consequences.
What happens to me if I have a professional license and received a DUI?
Any doctor, lawyer, realtor, psychologist, teacher, or nurse who receives a DUI may face additional professional license sanctions upon receiving a DUI. We can help you to mitigate the effects of a DUI to your license and your career.
When do I get my cash bond back if I posted a bond to get out of jail?
In most cases, people arrested for DUI are released without having to pay any money to get out of jail. Occasionally, a judge will issue a bond. This is the money that you paid to get out of jail. It gets returned to you after the case is closed.
Did I have to take the DUI breath test?
By having a driver's license in the state of Florida, the driver has agreed to give consent to a breath test upon a lawful arrest for driving under the influence of alcohol. It's important to understand that the driver does not have the right to refuse a breath test, only an option to refuse. A DUI breath test is administered to confirm the police officer's belief that the driver was under the influence of a alcohol, and to make the State's case stronger if the results of the test show a breath alcohol level of .08 grams of alcohol per 210 liters of breath. Pursuant to Florida state law, certain procedures must be followed during the administration of a breath test:
What if I took prescription pills?
The criminal offense of driving under the influence is not reserved for just alcohol and illegal drugs. Prescription drugs DUIs are very common in Florida, and occur when the driver is under the influence of a prescription drug (if it's a controlled substance) to the extent that his or her normal faculties are impaired. Many people do not know that driving under the influence of a prescribed controlled substance is illegal.
If the officer believes that you are under the influence of a controlled substance to the extent your normal faculties are impaired, then he can arrest you for DUI. The fact that the medication was legally prescribed by your doctor is completely irrelevant. Prescription drug DUIs carry the same penalties as DUIs for alcohol or illegal substances. Like DUI charges for alcohol and illegal substances, a prescription drug DUI charge can be defended through fourth amendment challenges, successful cross-examination of the arresting officer, motions in limine and by asserting other legal defenses.
Common Prescription Controlled Substances:
- Codeine – Opiate used for pain relief.
- Oxycodone – Opioid used for pain relief. Percocet.
- Amphetamine – Central nervous system stimulant. Adderall, Dextroamphetamine.
- Alprazolam – Benzodiazepine used for panic attacks and anxiety disorders. Xanax.
- Clonazepam – Benzodiazepine used for seizures, panic attacks and anxiety disorders. Klonopin.
- Diazepam – Benzodiazepine used for anxiety, muscle spasms and seizures. Valium
Arrested for DUI? 561-588-2781
What if I was driving after smoking marijuana?
Florida law states that anyone under the influence of marijuana to the extent that his or her normal faculties are impaired can be arrested for driving under the influence. This is the case even if you have been prescribed a medical marijuana card. The situation is very similar to people who have been prescribed controlled substances (Xanax, Alprazolam, Vicodin, Valium, Codeine, Oxycontin). The law does not allow for a person to take these prescription drugs while impaired by them. If you do have a medical marijuana license, it is important to recognize that the prosecutors will seek to punish you just as harshly as someone who has been arrested for driving under the influence of alcohol. A lawyer for a dui charge can explain to you all of the surrounding circumstances surrounding your arrest and the best defense strategy to use to fight your marijuana dui charge.
The penalties for DUI due to marijuana include probation, possible jail time, loss of driver's license, community service, vehicle impoundment and participation in a victim impact panel. Needless to say, you should not take this charge lightly. Additionally, if you have a conviction for a prior DUI or multiple DUIs, the prosecution can charge you with a felony.
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What can a Delray Beach DUI lawyer do for me?
Our clients are most concerned about their driver's license. If this is your first DUI, we will be able to get you a hardship license so that you can keep driving for work. We will attack the criminal DUI case by first asking you why you were pulled over. The officer needs to have a reason to pull you over. Without a legitimate reason, the case can be dismissed. Second, we will ask if you were suffering from any medical conditions that may have affected your ability to perform field sobriety exercises. Did you recently have surgery? Do you have problems with your legs? Many people cannot perform these exercises while sober. Why should you have been able to perform exercises while under the stress of potential incarceration? Did the office read you your Miranda Rights? Did the officer observe you for 20 minutes prior to giving a breath sample? If not, the breath test may be inadmissible. We can help you to get your life back in order!
If you have been arrested for DUI in Delray Beach, call our office for a free consultation at 561-588-2781. Our office is located in Downtown Delray Beach near Pineapple Grove