West Palm Beach DUI Attorney
Palm Beach County DUI arrests can follow you forever, we will protect your driving record
Being convicted of a DUI comes with grave consequences, including: losing your driver’s license, paying hefty fines and possibly facing jail time. Not to mention the fact that a DUI conviction stays on your Florida driving record for 75 years. For these reasons, it is important to hire an experienced West Palm Beach DUI attorney to defend you against any charges. We are The Skier Law Firm, P.A. and as DUI lawyers in West Palm Beach, we provide a professional and dedicated defense of your rights.
Florida DUI laws
Florida’s DUI laws are strict. One such law, the Implied Consent Law, states that once you sign your driver’s license, you agree to take field sobriety tests upon request. The refusal to take these tests will result in a one-year suspension of your license. The first conviction of a DUI carries a fine of up to $1,000, as well as the possibility of probation, community service and up to six months in prison. In certain circumstances, a judge may even order that an ignition interlock device be installed on your vehicle. This device requires you to periodically breathe into it in order to start your car and keep it running. This is both inconvenient and expensive.
We are West Palm Beach DUI attorneys with close to ten years of experience fighting to defend individuals against DUI felony and misdemeanor offenses. We do our best to make sure that you can live your life without a DUI conviction on your Florida driving record.
Defending you after a drunk driving arrest in Florida
Being convicted of driving while under the influence (DUI) comes with major consequences, including heavy fines, prison time and license suspension. That is why it is essential that you are represented by a West Palm Beach DUI defense attorney with the skill, tenacity and experience to get your charges reduced or dropped. Trust attorney Scott Skier of The Skier Law Firm, P.A. to vigorously defend you after a West Palm Beach drunk driving charge. I am an experienced criminal defense attorney prepared to fight against the most serious Florida DUI charges.
What are some defenses to a DUI charge?
Florida takes DUI offenses seriously, and the potential penalties reflect that. With the help of a knowledgeable lawyer, you may be able to get your charges dropped or reduced. In order to convict you, the prosecution must prove that you were driving, that you were under the influence and that you were intoxicated enough that your normal faculties were impaired. Your defense attorney must prove that at least one of these allegations is false or that there was a problem during the arrest itself. Some common defenses I use include:
You weren’t actually driving. If a police officer did not actually see you driving, you may have grounds for dismissal. For example, if the officer arrested you while you were sitting behind the wheel of a parked car, it cannot be proven that you had been driving drunk.
You weren’t drunk. If the field sobriety or Breathalyzer tests were not properly administered, the results may not be conclusive and could be thrown out.
There was no probable cause. If the officer did not have probable cause to pull you over or arrest you, you may be able to fight the charges.
The officer didn’t read your Miranda rights. If a police officer does not read you your Miranda rights or recites them incorrectly, you can use this to benefit your case.
You can also use an affirmative defense, meaning that you admit to driving while intoxicated but you could not avoid driving for a legitimate reason. These reasons include:
- Necessity. You knew you should not drive, but you had to drive for a serious and legitimate reason.
- Duress. You felt that the only way to avoid injury or death was to drive.
- Entrapment. A police officer told you to drive, even though they knew you were intoxicated.
- Mistake of fact. You honestly did not know that you were intoxicated.
- Involuntary intoxication. You did not know that you had consumed alcohol.
I understand what defense to use for each client and have extensive knowledge of the Florida criminal justice system. Whether you are being charged with your first DUI or a felony DUI, I will do everything I can to defend you.
West Palm Beach Felony DUI Charge
Driving while under the influence (DUI) is a serious crime in Florida. You can be charged with a DUI if you are pulled over and your blood alcohol concentration (BAC) is at .08 percent or higher. The consequences of a DUI charge are severe, especially if it is deemed to be a felony. If you have been charged with a felony drunk driving offense, you need the reliable representation and passionate advocacy of Scott Skier, DUI defense attorney at The Skier Law Firm, P.A. in West Palm Beach. I use our skill and knowledge to fight to have your charges reduced or dropped.
When is a DUI considered a felony?
In Florida, a first DUI is usually considered a misdemeanor. However, any DUI conviction may be considered a felony if:
- It is your third DUI within ten years. This is a third-degree felony.
- It is your fourth or more DUI, regardless of when they occurred. This is a third-degree felony.
- Your DUI led to serious injury of another person. This is a third-degree felony.
- Your DUI led to the death of another person. DUI manslaughter is a first- or second-degree felony.
We can help you understand what type of charges you may be facing, and then work with you to develop a DUI defense.
What are the penalties of a felony DUI?
The consequences of a felony DUI conviction can have a major impact on your life. The penalties vary based on the circumstances and what number offense it is.
The penalties for a felony third offense are as follows:
- Up to 12 months in prison
- Impounded vehicle for 90 days
- A fine of a minimum $2,000 and a maximum $5,000
- Driver’s license suspension for a minimum 10 years
- Mandatory two year ignition interlock device
The penalties for a felony fourth DUI offense include:
- Up to five years in prison
- Lifetime license revocation
- A fine of a minimum $2,000
If your BAC is .15 percent or higher, or if there are children in your car, you will be charged with an aggravated DUI. The penalties for an aggravated DUI include:
- Your maximum prison time increases by three months.
- Your fine will double.
- You will be required to have an ignition interlock device.
- If a child is in the car, you may be charged with child neglect.
In addition, any of these charges may also come with probation, mandatory DUI School, substance abuse counseling and community service.
With the help of an experienced attorney, you may be able to get these penalties lessened or eliminated. I am able to handle even the most serious DUI charges.
A diligent DUI defense
As West Palm Beach DUI defense attorneys, we know how serious DUI convictions are, which is why we do all that we can to make sure that you never have to face one. We stand by your side through the entire trial process and look into every aspect of your case to build the absolute best defense for you. Let me take your hand when you need a strong, professional defense.
Contact skilled West Palm Beach DUI attorneys today
DUI offenses are very serious matters that can have lasting effects. If you’ve been accused of a DUI, call The Skier Law Firm, P.A. at 561-820-1508 or contact us online for a free initial consultation.