Delray Beach DUI Defense Lawyer

An arrest for driving under the influence (DUI) in Delray Beach is very scary, and rightfully so. Charges for driving under the influence (DUI) are heavily penalized in Florida. Even a misdemeanor DUI is capable of drastically altering a person’s life.

If you have been arrested for drinking and driving in Delray Beach, Florida, your lifestyle and career could be on the line. For an effective defense of your case, retain DUI defense attorney Brian Gabriel, who has refined his skills in DUI litigation over the past 30 years. Mr. Gabriel has familiarized himself with police DUI investigative procedures, testing requirements, and the blood alcohol concentration (BAC) testing instrumentations.

What to Expect After a DUI in Delray Beach, FL

The story is far from uncommon: a police officer suspected you were operating a vehicle while intoxicated, so they pulled you over, tested your BAC (blood alcohol concentration), and placed you under arrest. Now, you are dealing with a criminal charge for driving under the influence.

It is natural to feel anxious for your future after any arrest, especially it is your first time being placed in handcuffs. However, for many people in Florida, a DUI is their first criminal offense, and your first criminal charge can be especially frightening. One way to help ease anxiety during this journey is to get a better idea of what to expect during the process. This will allow you to feel better prepared and encounter fewer surprises along the way.

If you have been arrested for drinking and driving (DUI), here is what you can anticipate will be reviewed during the legal process:

• The police report: Your arresting officer will share their point of view of what occurred.
• Initial stop: The officer will explain why they pulled you over in the first place.
• Blood alcohol concentration testing: The results of the blood or breathalyzer test you were given to determine your BAC will be shared in court. The police officer will also testify as to how the test was administered.
• Your behavior: The arresting officer may also describe your behavior when they pulled you over, especially if your conduct indicated significant intoxication or if they recorded your actions.
  Search and arrest: The officer may also testify to the events surrounding the search of your vehicle, Mirandization, and arrest.

If your cases reaches court, your criminal defense lawyer may question the officer who arrested you or work to prove or call into question any of the evidence against you. The judge will then take into consideration all of the evidence and testimonies. They may ask some of their own questions before determining how to proceed with your case.

Typically, people convicted for a first-time DUI offense in Delray Beach will have to drive with an ignition interlock device (IID) or undergo a license suspension lasting from six months up to one year. First-time offenders can also expect to face fines of up to $2,000 and to 30 days in jail, along with being required to complete substance abuse classes.

It is important to remember that every DUI case is unique. Meet with an experienced Florida criminal defense attorney as soon as possible to begin discussing strategies for your defense or to determine if your charges could be dismissed entirely.

By working with a seasoned lawyer, the severity of the consequences you face could be significantly reduced. You may even be able to circumvent jail time completely or keep the offense off your permanent criminal record.

What Could Make a DUI Charge Become a Felony in Delray Beach?

The majority of DUIs are classified as misdemeanors in Florida, but some factors could upgrade your misdemeanor DUI to the felony level. Generally, a first or second DUI is prosecuted as a misdemeanor offense in Florida if there are no “aggravating factors” present, such as bodily injury or fatality.

Under Florida Statute 316.93, a misdemeanor DUI will be elevated to a felony if:

• It is the driver’s third DUI within ten years
• The DUI resulted in severe bodily injury
• The DUI caused a fatality
• The driver was in an accident and failed to provide their information or render aid

Should you be convicted of a felony DUI, some of the biggest challenges you may face won’t even show up until after your release from prison. Under Florida Statute 790.23 and federal law, you will be required to surrender any firearms in your possession. Florida law also strips convicted felons of their right to:

• Vote
• Serve on a jury
• Hold public office
• Be issued some professional licenses

It is never worth it to face a felony DUI charge alone. Protect yourself with a lawyer you know will fight for you. Attorney Brian Gabriel has been passionate about defending Floridians who face DUI charges for over 30 years.

How to Defend a DUI Charge in Delray Beach, Florida

Mr. Gabriel can utilize various defense strategies to defend your drunk driving case. Possible defense strategies can include:

• Improper chemical testing
• Unlawful arrest
• Lack of probable cause
• Police misconduct
• Medical conditions
• Alcohol residue in the mouth
• Miranda violations
• Insufficient evidence
• You were not driving

All sobriety and breathalyzer tests must be completed under proper conditions for them to merit any accuracy. However, the State of Florida’s official approved breath test device, the Intoxilyzer 8000, can produce faulty results. Mr. Gabriel has done a considerable amount of research on the Intoxilyzer 8000 and has contested the Intoxilyzer 8000’s results since the machines statewide approval.

Request a Free Consultation with a Delray Beach DUI Defense Lawyer

Delray Beach criminal defense attorney Brian Gabriel is the driving force behind The Law Office of Gabriel & Gabriel. After over 30 years of navigating justice for the criminally accused, he has the knowledge required to examine your case thoroughly and determine the best route to defend your Delray Beach DUI charge.

Retain a law firm that you know will exhaust every legal avenue to defend your case. Call today at (561) 622-5575 for a free consultation, or submit a completed contact form so Attorney Brian Gabriel can begin building a strong defense for your DUI case as soon as possible.