West Palm Beach DUI Lawyer

Facing criminal charges for driving under the influence is one of the most common ways ordinary people fall into the criminal justice system. After all, driving under the influence of a substance does not require ill intent, and a DUI stop is typically initiated when a driver is stopped for a simple traffic violation. Unfortunately, the story is all too familiar: you have just a few drinks with your friends, think you’re sober enough to drive home, and suddenly find yourself on the wrong side of the law. Your life can quickly dissolve into a series of consequences that can negatively affect your finances, mental health, social life, and job. Likewise, you may also have to face court appearances, fines, and a suspension or revocation of your license.

Nevertheless, there are ways to fight a conviction if you manage to secure the help of an experienced DUI defense lawyer. Fortunately, you don’t have to search far and wide for effective legal counsel. West Palm Beach Criminal Defense Attorney Brian Gabriel has more than 30 years of experience protecting defendants in your shoes and is dedicated to fighting for your rights, no matter the circumstances of your case or what led you to this point. Mr. Gabriel will handle your case using all the knowledge and skill developed over the span of his triple-decade career. His goal is to mitigate the effects of a DUI where he can –– whether through seeking a dismissal or reduction of your charges or a decrease of the penalties you may face following a conviction.

What Constitutes Driving Under the Influence in Florida?

DUI, short for “driving under the influence,” means driving a vehicle while deprived of full possession of normal faculties or with a blood alcohol concentration (BAC) of .08% or above. According to Florida Statute Chapter 316, an individual may face a DUI charge if they are found to do the following:

• Operate a vehicle or are in physical control of a vehicle
• Be under the influence of alcoholic beverages, a chemical substance identified in Florida Statute Chapter 877, or any controlled substance in Chapter 893
• Have a blood-alcohol content of 0.08 or more grams of alcohol per 100 milliliters of blood or a BAC of 0.08 grams of alcohol per 210 liters of breath

It’s also important to note that you don’t necessarily have to have a BAC above 0.08% to be arrested for DUI in Florida. Even if your BAC is less than 0.08%, you can be arrested and subsequently charged with DUI if the arresting officers believe your judgment and motor control are fully impaired while being in physical control of a motor vehicle along a roadway. This includes impaired sight, hearing, coordination, comprehension, depth perception, and judgment. Likewise, note that the term “in actual physical control of a vehicle” means you had the capability and power to dominate, direct, or regulate the vehicle.

Through his years of experience, Criminal Defense Attorney Brian Gabriel has represented clients facing all kinds of alcohol-related charges and dedicates a significant portion of his practice to fighting DUI charges. Mr. Gabriel’s representation of DUI defendants generally starts with all attempts necessary to try to overturn the immediate suspension of a person’s driving privilege. During the administrative litigation that occurs through the Department of Motor Vehicles, he investigates the underlying facts of the criminal offense and will work to help you retain your driving privileges during this challenging period.

Felony DUI Charges in West Palm Beach

A person charged with DUI in the past may face a felony DUI charge depending on the circumstances of their prior arrest. Felony DUI arises in the following situations:

• A third DUI that occurs within ten years of a previous DUI conviction
• A fourth or subsequent DUI, regardless of when the priors occurred
• DUIs that result in severe bodily injury or the death of another person

In his many years of representing clients with these serious offenses, Attorney Brian Gabriel has experience preparing and formulating successful defenses.

DUI Manslaughter

Under Florida Law, DUI manslaughter is a criminal charge brought against a person who is accused of driving under the influence of alcohol or drugs and, as a result, caused or directly contributed to the death of another person. Individuals convicted of DUI manslaughter face a minimum sentencing of four years in prison and, depending on the circumstances surrounding the case, probation and community service.

The most harshly regulated alcohol-related offenses are those that involve the death of another person. If you’ve been charged with DUI manslaughter or vehicular homicide, Criminal Defense Attorney Brian Gabriel has dedicated his career to providing effective advocacy for his clients. This field of criminal defense work is different from most others, and as a result, the experience, preparation, and necessary work is far and above most all other offenses.

Underage DUI

DUI cases involving those under the age of 21 can be far more strict and damaging. While it usually takes a blood alcohol content of 0.08 percent for a DUI charge, drivers under 21 are prohibited from having a BAC of .02 percent or higher. Minors found driving under the influence in Florida are tried as adults, meaning they may face the same penalties as someone above the age of 21 facing a DUI conviction. This may include revocation of driving privileges, immobilization of a vehicle, community service, mandated alcohol abuse treatment, and even jail time.

Perhaps the penalty defendants most wish to avoid after a Florida underage DUI charge is the suspension or revocation of their license. If you’re underage and refuse to submit to alcohol and drug testing, your license may be suspended for up to one year. If you provide a BAC sample of .02% or more, your license may be suspended for up to six months. If your BAC was .05% or more, you may also be required to complete a DUI education program.

Avoiding a DUI conviction as a minor is especially crucial given the impact of such a charge on a young person’s life. Even a smudge on a minor’s criminal record can hurt their chances of being accepted into college, their ability to find employment, or their chances of securing housing. Criminal Defense Attorney Brian Gabriel has experience defending young individuals in this situation and may be able to protect their license privileges and mitigating factors that could affect their reputations.

Penalties for Second Offense DUI

A second DUI conviction typically results in misdemeanor charges, but the severity depends on whether the offense occurs within five years of your first DUI conviction. Florida uses a “lookback period”—a timeframe during which previous offenses affect penalties for new violations.

If convicted of a second DUI, potential penalties include:

• License suspension: 6-12 months if your previous DUI occurred outside the five-year lookback period. If within five years, your license may be revoked for up to five years.
• Jail time: Minimum 10 days if your second conviction occurs within five years of your first. Maximum jail terms vary based on circumstances:
  • Standard second DUI: Up to 9 months
  • Second DUI with BAC of 0.15% or higher: Up to 1 year
  • Second DUI with a minor in the vehicle: Up to 1 year
  • DUI involving property damage or minor injuries: Up to 1 year
  • DUI causing serious bodily injury: Up to 5 years
• Fines: $1,000-$2,000 for a standard second offense; $2,000-$4,000 if your BAC exceeded 0.15%; up to $5,000 if your DUI caused serious bodily injury
• Community service: 50 hours, with courts typically allowing half to be “bought out” at $10 per hour
• Vehicle impoundment: Minimum 10 days if outside the five-year lookback period; minimum 30 days if within five years
• Ignition Interlock Device (IID): Mandatory for at least 1 year for all second DUI offenses

Penalties for Third Offense DUI

Third offense DUIs escalate considerably, particularly if your previous conviction occurred within ten years. While third offenses outside this lookback period remain misdemeanors, those within ten years become third-degree felonies.

Penalties for a third DUI offense include:

• License suspension: 6 months to 1 year plus DUI School Level 2 if outside the ten-year lookback period; 10-year suspension if your previous DUI occurred within ten years
• Jail time: Minimum 30 days up to 5 years in prison if at least one prior DUI occurred within the past ten years; up to one year if neither previous DUI was within ten years
• Fines: $2,000-$5,000 if your previous DUI occurred within ten years or your BAC exceeded 0.15%; otherwise, $1,000-$2,000
• Vehicle impoundment: Minimum 90 days for a third offense within ten years
• Ignition Interlock Device: Mandatory for 2 years for a third offense within ten years

What Are Florida’s Implied Consent Laws?

If you’ve been pulled over on suspicion of driving under the influence, it’s also important that you understand Florida’s “implied consent” laws, which are defined in Section 316.1932 of the Florida Statutes. This requires all drivers lawfully arrested for DUI to submit to a blood, urine, or breath test in order to determine the alcohol content of blood or breath. In addition, such testing can be used to detect the presence of a controlled or chemical substance if lawfully arrested for driving under the influence.

Drivers who unlawfully refuse testing risk a driver’s license revocation of up to one year. If you refuse to consent a second time, you may face a first-degree misdemeanor that includes an 18-month driver’s license suspension, up to one year in jail—or 12 months of probation—and fines of up to $1,000.

What To Do After Being Arrested for DUI in West Palm Beach

An arrest for drinking and driving can quickly turn what was intended to be a great night into a life-long mistake. If you were pulled over under suspicion of driving under the influence, there is a good chance you are terrified and unsure of what to do next – especially if this is your first time being arrested.

As one of the most common offenses committed by first-timers, criminal defense lawyers are often asked by clients facing DUI charges what their next steps should be. Criminal Defense Attorney Brian Gabriel can guide you on what you should do immediately after your arrest to best help your case.

Whether you only had one drink or multiple, the outcome of a DUI can be the same. To prevent harsh penalties, take the following steps immediately after your arrest, as they are vital to protecting your rights and achieving a positive outcome in your trial.

Do Not Speak to the Police About Your Alleged DUI

No matter how innocent you may be, once the police have decided to put you under arrest for drinking and driving, there is nothing you can say or do that will get them to change their minds. Similarly, nothing a defendant can say will keep a prosecutor from filing charges after your arrest.

Even if you have strong evidence or a trustworthy alibi to support your innocence, speaking with the police without your defense lawyer’s presence is not advisable. Police officers will typically assume anything you say is a lie or that your evidence is fictitious, especially if they have already arrested you. Share any evidence supporting your innocence with your West Palm Beach attorney, but not the police. Your West Palm Beach lawyer will determine the best way to use the evidence you have to benefit your case.

Record the Details of What Happened

Once you have been released from jail, take a few moments to record all of the details you can remember about what led up to your arrest and how the arrest occurred. Write down your story of events, and make sure you try to jot down every detail you can remember from the moment the police showed up to the time you left the jail. Try to include specifics such as:

• What you said to the police
• How you first encountered the police
• The reason police gave you for pulling you over
• Anything the police said about your driving or behavior
• Whether the police asked you to exit the vehicle
• If you were asked to perform a field sobriety test
• Which sobriety tests you completed
• Whether you provided a breath sample
• If the police gave you a choice between a breath and blood test

After you have documented the events leading up to your arrest, be sure to preserve any evidence that may support your defense. This includes collecting contact information from any witnesses who were present at the scene of the arrest and taking photographs or videos of any relevant factors, such as road conditions, signage, or the positioning of vehicles. Additionally, if you were subjected to field sobriety tests or breathalyzer tests, make note of any irregularities or concerns you may have regarding their administration. This comprehensive documentation can serve as valuable evidence in building your defense strategy and challenging the prosecution’s case against you.

Discuss Your Options with a DUI Attorney in West Palm Beach

After being arrested for drinking and driving, it is normal to have copious questions about what you should do now. Many of these questions can likely be answered by consulting an experienced West Palm Beach DUI lawyer.

Often, first-time consultations with attorneys are entirely free, so you have nothing to lose and everything to gain from discussing your options with a legal professional. Consultations with a criminal defense lawyer are also completely confidential, so you can tell Mr. Gabriel everything that happened, exactly how it happened, and it cannot be used against you.

Preparation of a Proper DUI Defense Strategy

It’s always anticipated in these types of cases that the State will employ certain experts to make their presentation of evidence as persuasive as possible to a jury of their peers. The same should be anticipated by any individual faced with this most severe legal challenge. Brian Gabriel has experience in the areas of accident reconstruction and laboratory science. Preparation of a proper defense strategy must always contend with all portions of law enforcement’s investigation, including:

• The defendant’s level of alcohol impairment
• Police observations of impairment
• Scientific evidence of blood analysis

The use of innovation and skillful execution to attack any prosecution is always the best defense. In all DUI cases—both felony and misdemeanor—Mr. Gabriel brings years of experience to your case to obtain the best results possible for the client. His knowledge and familiarity with all police investigative procedures, field sobriety testing requirements, and more are crucial and will be instrumental in helping protect your best interests.

Motion to Suppress

A motion to suppress evidence is a request by a defendant that the judge exclude specific evidence from their trial. The defense often makes this motion in advance of a trial, and if the defendant wins, the prosecution or judge may be forced to dismiss the case. This approach can be instrumental. Short of a trial, this technique is perhaps the only way possible to achieve your desired results without suffering the risks of going to trial and the associated costs.

The severity of these charges along with the possibility of the multitude of different punishments make proper legal representation a necessity. As such, it’s of utmost importance to find an attorney who has the sufficient degree of knowledge and experience necessary to be able to properly defend you in these types of cases.

How an Experienced Criminal Defense Attorney Can Help Defend Your Florida DUI

Facing a DUI charge in Florida is a serious matter with potentially life-altering consequences. From license suspension to fines and even incarceration, the stakes are high. Having a skilled DUI defense attorney by your side can make a significant difference in the outcome of your case. An experienced attorney can help you defend your Florida DUI by:

Providing In-Depth Case Analysis

A seasoned DUI defense attorney will conduct a meticulous analysis of your case, scrutinizing every detail from the initial traffic stop to the administration of field sobriety tests and breathalyzer results. By delving into the specifics of your situation, the attorney can identify potential weaknesses in the prosecution’s case and uncover any violations of your constitutional rights.

Challenging the Legality of the Stop

One common defense strategy involves challenging the legality of the traffic stop leading to the DUI arrest. If law enforcement lacked reasonable suspicion or probable cause to pull you over, your attorney can argue that the entire stop was unlawful. Successfully challenging the stop could result in the exclusion of evidence obtained thereafter, potentially weakening the prosecution’s case.

Questioning Field Sobriety Tests

Field sobriety tests, while often used as evidence in DUI cases, are not foolproof. A skilled attorney can question the accuracy and reliability of these tests, highlighting factors such as adverse weather conditions, medical issues, or an individual’s natural lack of coordination that could contribute to perceived impairment.

Scrutinizing Breathalyzer Results

Breathalyzer results are central to many DUI cases, but they are not immune to error. An attorney well-versed in DUI defense can scrutinize the administration of the test, calibration of the equipment, and potential factors that may lead to inaccurate readings. Challenging the reliability of breathalyzer results can be a critical element of a strong defense strategy.

Negotiating Plea Bargains

In some cases, negotiating a plea bargain may be a prudent strategy. An experienced DUI defense attorney can leverage their understanding of local legal practices and relationships to secure favorable plea deals that minimize the impact on your life. This may involve reducing charges, seeking alternative sentencing, or exploring diversion programs.

Building a Customized Defense Strategy

Every DUI case is unique, and a one-size-fits-all approach is rarely effective. A skilled attorney will tailor a defense strategy to the specific circumstances of your case. Whether it involves challenging the evidence, negotiating with the prosecution, or preparing for trial, a personalized defense strategy increases the likelihood of a favorable outcome.

Guiding You Through Administrative Proceedings

Dealing with a DUI involves not only criminal charges but also administrative proceedings related to your driver’s license. A knowledgeable DUI defense attorney can guide you through these processes, helping you navigate license suspension hearings and explore options for retaining or reinstating your driving privileges.

Types of Skilled Witnesses That Could Help Defend Your DUI in West Palm Beach

Skilled witnesses can be instrumental in building a strong defense for a DUI charge. These professionals bring specialized knowledge and credibility to the courtroom, helping to challenge evidence, raise doubts, and present alternative perspectives. Here are several types of skilled witnesses that your criminal defense attorney could enlist to help defend your DUI case in West Palm Beach:

Forensic Toxicologist

A forensic toxicologist can analyze blood or urine samples to challenge the accuracy of blood alcohol content (BAC) test results. They can testify about potential errors in testing procedures, the reliability of equipment, and the physiological factors that may impact BAC readings.

Accident Reconstruction Expert

If your DUI case involves charges related to a crash, an accident reconstruction expert can analyze the crash scene, vehicle damage, and other relevant factors to provide insights into the sequence of events. Their testimony can be crucial in disputing the prosecution’s narrative and highlighting alternative explanations.

Field Sobriety Test Expert

An expert in field sobriety tests can assess the procedures followed by law enforcement during roadside tests. They can evaluate the reliability of these tests, considering factors such as weather conditions, uneven terrain, and medical conditions that might have affected your performance.

Breathalyzer Calibration Specialist

A breathalyzer calibration specialist can testify about the importance of proper calibration for breathalyzer equipment. They may identify potential malfunctions, maintenance issues, or errors in the calibration process that could lead to inaccurate BAC readings.

Medical Expert

A medical expert can provide insights into any medical conditions you may have that could affect the accuracy of BAC tests. Conditions like gastroesophageal reflux disease (GERD) or diabetes may impact breathalyzer results, and a medical expert can explain these factors to the court.

Witness to Police Conduct

If there were witnesses to the traffic stop or arrest, their testimony can be valuable. They can provide an independent account of the events, potentially highlighting any discrepancies between the police report and the actual occurrence.

Video or Audio Experts

If there are video or audio recordings of the arrest, a video or audio expert can analyze these materials to assess the accuracy and reliability of the evidence. They may identify issues with the recording quality, angles, or clarity that could impact the court’s understanding of the events.

Why Choose Attorney Brian Gabriel as Your West Palm Beach DUI Lawyer?

DUI defense litigation is one of the most complicated legal defense processes for defendants to navigate. As such, if you wish to find success, it’s crucial that you work with a lawyer who understands Florida DUI defense laws and who has experience litigating these types of cases. 

With every alcohol-related offense Attorney Brian Gabriel handles, he is put into motion, investigating and preparing to defend the allegations and opinions of alcohol or drug impairment. Furthermore, through his years of experience, Brian Gabriel carries a vast amount of knowledge regarding the three key aspects of Florida DUI:

• Scientific principles behind measuring and testing BAC
• Instruments used to test for alcohol, including the testing of breath, urine, and blood
• Standard methodology for testing BAC

Each alcohol-related charge presents different obstacles. Having sufficient knowledge regarding the legalities of all traffic stops is usually one of the starting points. Furthermore, understanding the principles of accident reconstruction is crucial. Attorney Brian Gabriel has assisted a multitude of clients with alcohol-related offenses, with each investigation beginning with the reason for the traffic stop and the legality of the arrest. Mr. Gabriel then looks at roadside sobriety testing, interrogation issues, videotaping policies, and any other evidence that may be useful.

Contact an Experienced West Palm Beach DUI Defense Lawyer

If you’ve been arrested for driving under the influence in the West Palm Beach area, it’s crucial that you don’t try to handle the situation alone. Hiring a best-in-class DUI defense lawyer is the first step to giving yourself a chance to win your case. For legal assistance, look no further than The Law Office of Gabriel & Gabriel. By working with Brian Gabriel, you can be assured that your rights will be protected and that West Palm Beach DUI Attorney Brian Gabriel will fight for you.

Mr. Gabriel has served the West Palm Beach community for more than 30 years as a DUI defense attorney and criminal defense lawyer. He understands the complexities involved in these cases and can guide you on the right course of action to best protect your reputation and future.

Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.