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. We will 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.
Do I need a lawyer for DUI in Delray Beach?
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.
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:
- A breath test for DUI must be given incidental to a lawful arrest. If the officer didn't have probable cause to make the arrest, or if the driver was detained for too long absent reasonable suspicion that a crime had occurred, then an argument can be made that the arrest was not lawful. If the arrest was not lawful, then any evidence gathered as a result of the arrest (results of a breath, blood or urine sample) would likely be suppressed or inadmissible at trial. An illegal arrest or prolonged detention may lead to a dismissal of the case.
- A breath test for DUI may only be given at the request of a police officer who has a reasonable belief that the driver was driving under the influence of alcohol.
- The driver must be told that a refusal to give a breath sample will result in a suspension of the driver's privilege to drive a motor vehicle for 12 months for a first refusal, or for 18 months if the driver's privilege to drive has previously been suspended for refusing to give a lawful breath, blood or urine sample. The driver must also be told that if his or her privilege to drive has previously been suspended for refusing to give a lawful breath, blood or urine sample and refuses a second time that he or she commits a misdemeanor. This is Florida's Implied Consent Warning. If the officer does not read the driver this warning, then any evidence that the driver refused the breathalyzer is not admissible at trial.
The breathalyzer machine is called the Intoxilyzer 8000. The machine must be maintained, calibrated and operated correctly or the readings can be unreliable. In some cases, eating, drinking, chewing, burping or vomiting prior to giving breath samples can taint the readings. Before giving breath samples, a police officer must watch the person for a period of twenty minutes to ensure that none of these things occur. Occasionally, dental work such as dentures may also taint the readings.
The downsides to taking a breath test are that a reading above .08 will make it easier for the prosecution to prove their case against you, because they only need to show that your breath alcohol level was .08 or higher. However, just because you gave a breath breading of .08 or higher doesn't mean that you automatically lose your case. There are motions that we may be able to file with the court to get the breath test thrown out so that it is not used against you.
Did I have to give a urine test?
When a police officer has probable cause to arrest a driver for driving under the influence of a chemical substance or a controlled substance, he or she can ask the driver to give a urine sample to detect the presence of these substances. The urine test is administered to confirm the police officer's belief that the driver was under the influence of a chemical substance or a controlled substance, and to make the State's case stronger if the results of the test show the presence these substances. According to Florida state law, certain procedures must be followed during the administration of a urine test:
- A urine test for DUI must be given incidental to a lawful arrest. If the officer didn't have probable cause to make the arrest, or if the driver was detained for too long absent reasonable suspicion that a crime had occurred, then an argument can be made that the arrest was not lawful. If the arrest was not lawful, then any evidence gathered as a result of the arrest (results of a breath, blood or urine sample) would likely be suppressed or inadmissible at trial. An illegal arrest or prolonged detention may lead to a dismissal of the case.
- A urine test for DUI may only be given at the request of a police officer who has a reasonable belief that the driver was driving under the influence of a controlled substance or a chemical substance.
- A urine test for DUI must be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer a urine test in a reasonable manner that will ensure the accuracy of the sample and secure the individual's privacy.
- The driver must be told that a refusal to give a urine sample will result in a suspension of the driver's privilege to drive a motor vehicle for 12 months for a first refusal, or for 18 months if the driver's privilege to drive has previously been suspended for refusing to give a lawful breath, blood or urine sample. The driver must also be told that if his or her privilege to drive has previously been suspended for refusing to give a lawful breath, blood or urine sample and refuses a second time that he or she commits a misdemeanor. This is Florida's Implied Consent Warning. If the officer does not read the driver this warning, then any evidence that the driver refused the urine sample is not admissible at trial.
You only have to a give a urine sample if the officer believes that you are under the influence of drugs. Findings of drugs such as cocaine, marijuana, heroin, MDMA, oxycodone, etc. will make it easier for the government to prove their case against you. However, this absolutely does not mean that you will lose your case because drugs stay in your body for a long period of time. This does not mean the drugs are having any effect on you while driving.
Arrested for DUI? 561-588-2781
Did I have to give a blood sample?
There are two types of blood tests that can be administered to determine if someone is Driving Under the Influence in the state of Florida.
Legal Blood: Legal blood is obtained by a law enforcement officer asking the suspected impaired driver to give a blood sample for the purpose of detecting intoxicants. There are certain prerequisites and procedures that must be followed for a law enforcement officer to lawfully obtain legal blood:
- The officer must have a reasonable belief that the driver was impaired by alcohol, controlled or chemical substances.
- The driver must appear for treatment at a hospital, clinic, or other medical facility.
- The taking of a breath or urine test must be impractical or impossible.
- The blood test must be performed in a reasonable manner.
If the driver cannot refuse the blood test due to unconsciousness or a mental or physical condition, then the blood test may still be administered despite the absence of the implied consent warnings. If the driver is capable of refusing the blood test, then implied consent warnings must be read to him or her. Like refusals to breathalyzers and urine tests, a driver's refusal to take a blood test will be used against the driver in court as evidence of a guilty conscience.
Medical Blood: A physician, nurse or other qualified professional who provides medical treatment to a person injured in a car accident and becomes aware through a blood test that the injured person's blood alcohol level is .08 or higher, may inform any law enforcement officer or agency of the results. The process of informing is called notice. Certain procedures involving notice must be followed by the medical provider for a law enforcement officer to lawfully obtain the results of medical blood.
- The notice by the medical provider must be given to the law enforcement officer or agency within a reasonable time after the results of the blood test are received by the medical provider.
- The notice must only be provided to give the officer reasonable cause to request the withdrawal of a blood sample.
- The notice cannot include anything other than the name of the injured person, the name of the professional who took the blood, the blood alcohol level of the injured person as a result of the blood test, and the date and time that the test was given to the injured person.
- The injured person has the right to have his blood independently tested, and a law enforcement officer cannot impede his or her ability have an independent test. The law enforcement officer must provide the injured person with timely telephone access to get the test.
For the prosecutor to obtain the results of medical blood, he or she must issue a subpoena for the medical records. The prosecutor must show that the results of the blood test are relevant to the DUI investigation, and that the above notice requirements were followed. If the medical professional disclosed too much information to a law enforcement officer or agency then the injured person's privacy rights were infringed upon, which may result in suppression or inadmissibility of the blood test results in court.
Just because you submitted a blood, breath, or urine test for DUI does not mean your case is over.
Arrested for DUI? - 561-588-2781
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.
For example, let's say a doctor prescribes you valium for anxiety on Monday. On Tuesday, you wake up in the morning, and take your prescribed dose and then get behind the wheel to drive to work. An officer pulls you over for speeding. He notices that you're tired, sluggish and that your speech is slurred. He asks you if you have a taken any drugs or medication, and you honestly tell him that you have taken your prescribed valium. He asks you to do some field sobriety exercises, and is not satisfied with your performance. He arrests you for DUI. You may be asking yourself, how did this happen? I thought that DUIs were reserved for drug addicts and alcoholics, not law abiding citizens taking prescribed medications!
The truth is that valium is one of many controlled substances. 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
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.
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.
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