Palm Beach Gardens DUI Lawyer

Driving under the influence (DUI) is one of only a few crimes that can be committed unintentionally, so it is one of the most common ways people find themselves in the criminal justice system for the first time. Unfortunately, even first-time DUIs are permanent additions to your criminal record in Florida and are ineligible for removal.

Palm Beach Gardens DUI Attorney Brian Gabriel focuses his efforts on providing people accused of crimes in Florida with the highest degree of criminal defense. After over 30 years in the field, Mr. Gabriel has a firm grasp of DUI court procedures in Palm Beach Gardens and throughout the state. Depending on the unique circumstances surrounding your DUI case, Mr. Gabriel may be able to file pretrial motions that lead to the dismissal of your charges.

What You Need to Know About the DUI Laws in Palm Beach Gardens, Florida

In Palm Beach Gardens, a blood alcohol concentration (BAC) limit of 0.08% or above will lead to an arrest for DUI. However, if your BAC was tested with the state’s approved breath test machine, the Intoxilyzer 8000, your results may be flawed. Mr. Gabriel understands the Intoxilyzer 8000’s inner workings and has successfully defended cases in the past by showing that the device’s results are inconsistent and cannot be relied upon.

Florida has some of the harshest DUI laws in the nation, and penalties could include:

Up to $5,000 in fines
Up to 5 years in prison
50 hours of community service
A term of probation
Attendance of a Victim Impact Panel
Court costs
Driver’s license suspension or revocation
Enrollment in DUI school
Hefty insurance premiums
Installation of an ignition interlock device (IID)
Status as a convicted felon
Vehicle impoundment of up to 90 days

DUI laws in Palm Beach Gardens are stuffed with legal jargon that can be difficult to decipher if you don’t have previous practice handling these types of cases. Don’t risk facing these tough penalties without having a knowledgeable Palm Beach DUI lawyer on your side. If you choose to handle your DUI case alone, you could easily miss deadlines or improperly file essential documents. Such mistakes could come with severe consequences.

Types of Skilled Witnesses That Could Help Defend Your Palm Beach Gardens DUI Case

Knowledgeable Palm Beach Gardens DUI lawyers know that some DUI case defenses may benefit from counsel or testimony from a skilled witness. There are many issues that could affect the accuracy of your BAC test results. Expert witnesses used to defend a DUI in Palm Beach Gardens can include:

Engineers familiar with the devices used to test BAC. BAC testing device experts may be able to identify any potential issues with the device itself that could lead to inaccurate results.
Toxicologists: These experts know precisely how the body processes alcohol and may be able to refute the actual BAC at the time of your arrest.

If Palm Beach Gardens DUI attorney Gabriel can successfully provide enough uncertainty about your BAC test results, you could end up being released from your DUI charges entirely.

6 Defenses That May Be Used to Fight a DUI in Palm Beach Gardens, Florida

DUI convictions in Palm Beach Gardens can come with serious, life-long consequences ranging from lost employment opportunities to time spent in jail. However, you have rights and options for defending yourself against these allegations.

Palm Beach Gardens Criminal Defense Attorney Brian Gabriel has extensive experience developing effective DUI defense strategies for his clients. Defense strategies Mr. Gabriel may use to challenge your DUI charges in Palm Beach Gardens include, but are not limited to, the following:

Lack of Probable Cause

One of the most effective defenses against DUI charges is challenging the legality of the traffic stop that led to your arrest. Law enforcement officers must have reasonable suspicion or probable cause to pull you over. If the officer did not have a valid reason to stop your vehicle, any evidence obtained during the stop may be deemed inadmissible in court, potentially leading to the dismissal of your case.

Inaccurate Field Sobriety Tests

Field sobriety tests, such as the walk-and-turn or one-leg stand, are commonly used by police officers in Palm Beach Gardens to assess a driver’s level of impairment. However, these tests are subjective and prone to error. Factors such as poor weather conditions, uneven terrain, or physical limitations can affect your performance on these tests, leading to false indicators of impairment. By challenging the validity of field sobriety test results, Mr. Gabriel may be able to cast doubt on the prosecution’s case against you.

Breathalyzer Inaccuracy

Breathalyzer tests are another commonly used tool for measuring blood alcohol concentration (BAC) in DUI cases. However, the Intoxilyzer 8000–Florida’s state-approved breathalyzer machine–is not infallible and can produce inaccurate results for various reasons. Issues such as improper calibration, operator error, or medical conditions like acid reflux can also impact the reliability of breathalyzer readings. By challenging the accuracy of the breathalyzer test results, Mr. Gabriel may be able to undermine the prosecution’s evidence, weakening their case against you.

Rising Blood Alcohol Defense

It is possible your BAC was below the legal limit at the time of driving but increased to an illegal level by the time you were tested. Alcohol absorption rates vary from person to person, and it is possible for your BAC to continue rising after you have stopped drinking. By presenting evidence to support the rising blood alcohol defense, Attorney Gabriel may be able to create doubt about your level of impairment at the time of the alleged offense.

Violation of Rights

If law enforcement officers violated your constitutional rights during the course of your arrest or investigation, any evidence obtained as a result of those violations may be suppressed. Common violations include conducting an illegal search or seizure, failing to read you your Miranda rights, or coercing a confession. If your rights were violated, Criminal Defense Attorney Brian Gabriel will aggressively advocate for the exclusion of illegally obtained evidence from your case.

Necessity Defense

In rare cases, a necessity defense may be applicable if you were forced to drive under the influence to avoid greater harm or danger. For example, if you were fleeing from a violent attacker or trying to reach medical help in an emergency, you may be able to argue that your actions were justified by necessity. This defense requires demonstrating you had no reasonable alternative to driving under the influence and that your actions were motivated by a genuine concern for safety.

How a Palm Beach Gardens DUI Attorney Can Help You Combat a DUI

If you were arrested for driving while under the influence in Palm Beach Gardens, you need a skilled defense attorney who understands all of the ins and outs of Florida DUI laws and will vigorously defend your rights. With over 30 years of experience as a trial lawyer in Palm Beach Gardens and its surrounding areas, DUI Attorney Brian Gabriel has in-depth knowledge and experience to provide you with top-notch legal guidance and aggressive representation for your DUI.

Mr. Gabriel has built a reputation for excellence in DUI defense in South Florida. He has successfully represented countless clients facing DUI charges and has a deep understanding of the strategies and tactics necessary to secure favorable outcomes in Palm Beach Gardens.

Every DUI case is unique and requires a personalized approach, so Attorney Gabriel takes the time to thoroughly review the details of each case, assess the evidence, and develop a strategic defense tailored to the specific circumstances. From challenging the legality of the traffic stop to contesting the results of field sobriety tests or breathalyzer exams, Mr. Gabriel will explore all potential avenues to combat your Palm Beach Gardens DUI.

As a seasoned trial attorney, Criminal Defense Attorney Brian Gabriel is prepared to take your case to court if necessary. He has a track record of success in South Florida courtrooms and is known for his tenacity and determination in advocating for his clients. Whether negotiating with prosecutors for reduced charges or presenting a compelling defense before a judge and jury, Attorney Gabriel will fight tirelessly on your behalf to secure a favorable outcome.

Work with a Dedicated Palm Beach Gardens DUI Attorney

Palm Beach Gardens criminal defense attorney Brian Gabriel is a former prosecutor turned criminal defense attorney and has provided his South Florida clients with the aggressive legal representation they need for over 30 years. When you work with The Law Office of Gabriel & Gabriel, Mr. Gabriel will personally handle your case, allowing you to benefit directly from these three decades of experience.

The cost of making mistakes in a Palm Beach Gardens DUI case is too much to risk. Work with a Palm Beach Gardens DUI attorney with extensive experience and dedication to DUI law to investigate your case thoroughly and construct an effective defense strategy. Call to schedule a free evaluation of your case today at (561) 622-5575 or send us a completed contact form to schedule a free evaluation of your case.