Driving Related Offenses
A conviction for a driving-related offense can seriously impact your future by sending you to prison or preventing you from securing housing or a career. The Law Office of Gabriel & Gabriel understands the gravity a single mark on a person’s criminal record can have on a person’s life. Attorney Brian Gabriel defend every case aggressively to help keep their records as clean as possible.
If you are facing an accusation for a driving-related offense in West Palm Beach or the surrounding area, you need a hard-hitting criminal defense attorney on your side. Attorney Brian Gabriel is a former prosecutor who has dedicated over 30 years of his career to defending Floridians for all types of criminal accusations and driving-related offenses.
What are the Different Types of Driving Under the Influence (DUI) Charges in Florida?
Although the legal blood alcohol concentration, or BAC, is 0.08% in Florida, a police officer can arrest a driver regardless of their BAC measures if they suspect that they are operating a vehicle while impaired.
A DUI can be a felony or misdemeanor charge in Florida. In order for a charge for DUI to become a felony charge, it would need to meet at least one of the following criteria:
- It is the driver’s third DUI within ten years
- The DUI caused severe bodily injury
- The DUI resulted in the death of any human being or unborn fetus
- The driver was in an accident and failed to provide their information or render aid
Attorney can help you fight any type of driving under the influence charge you may be facing in the West Palm Beach or surrounding Palm beach county cities such, including:
- Marijuana DUI
- Aggravated DUI
- Boating Under the Influence (BUI)
- Commercial DUI
- Metabolite DUI
- Low BAC DUI
- High BAC DUI
- DUI with serious bodily injury
- Hit-and-run DUI
- DUI with property damage
- DUI manslaughter
DUI arrests are some of the most common types of cases we handle here in the West Palm Beach area. Local police departments are known to set up DUI checkpoints in an attempt to spontaneously catch drunk drivers in action. Florida is one of thirty-nine states in the country that allow this procedure despite its invasive nature. Police officers can also investigate drivers for DUI upon a simple traffic stop for swerving or failing to come to a complete stop.
Possible Penalties You Could Face for Driving Under the Influence (DUI) in Florida
Even a first-time driving under the influence (DUI) charge can have lasting consequences in the state of Florida. Penalties for DUIs in Florida are outlined in Florida Statute 316.193. Punishments can include:
- Up to $5,000 in fines
- Up to 5 years in prison
- Vehicle impoundment of up to 90 days
- Driver’s license suspension or revocation
- Enrollment in DUI school
- Status as a convicted felon
- 50 hours of community service
- Installation of an ignition interlock device (IID)
- A term of probation
- Payment of court costs
- Attendance of a Victim Impact Panel
Hit-and-run penalties are particularly severe, especially if they resulted in a fatality. The punishments for fatal hit-and-runs were modified by the Aaron Cohen Life Protection Act in 2014. This act ensures that drivers who leave the scene of a fatal crash in Florida now face a minimum of four years in prison and revocation of their driver’s license. If you have been accused of fleeing the scene of a fatal crash, you will need to secure representation by an experienced attorney as soon as possible.
Once a conviction for a DUI is placed on your criminal record, you could also face unofficial penalties such as higher insurance costs, lost job opportunities, and a scarred reputation. For help preventing a conviction for a DUI and avoiding these penalties, hire knowledgeable DUI defense attorney Brian Gabriel. Attorney Brian Gabriel has been handling DUI and BUI cases for over 30 years and has experience handling criminal cases in West Palm Beach and its surrounding cities.
Defending a Charge for Driving Under the Influence (DUI) in West Palm Beach, Florida
The State of Florida must have undeniable proof that a driver was actually under the influence of alcohol or drugs at the time of the traffic stop in order for a DUI to hold any weight. Your lawyer may be able to debate the evidence against you by utilizing a number of defenses, such as:
- Improper chemical testing
- Unlawful arrest
- Lack of probable cause
- Police misconduct
- Medical conditions
- Alcohol residue in the mouth
- Miranda violations
Attorney Brian Gabriel has paved the way for defense attorneys in Palm Beach County to call into question the effectiveness of the machine used to measure the alcohol concentration in your breath. The Intoxilyzer 8000 is Florida’s only approved breath test for evidentiary use, and Attorney Brian Gabriel has substantial experience against allowing its results to be used as evidence in court due to a multitude of flaws in its design.
Suspended or Revoked Driver’s License Lawyer in West Palm Beach and Jupiter, Florida
In the State of Florida, a driver’s license can be suspended or revoked for numerous reasons. Driver’s license suspensions and revocations can occur because of:
- Outstanding fines
- Failure to appear in court
- Unpaid child support
- Driving under the influence (DUI)
- Vehicular homicide
- Lack of ability to safely operate a motor vehicle
- An accumulation of too many points from traffic infractions
Designation as a Habitual Traffic Offender (HTO), as defined in Florida Statute 322.64, can also result in a suspended license. Violators of the Habitual Traffic Offender law are penalized severely in Florida courts and can be arrested and charged with a third-degree felony. Third-degree felonies are punishable by up to five years in prison and a fine of up to $5,000. A conviction for a charge of this magnitude would also result in lifelong status as a convicted felon, affecting the ability to secure housing, jobs, and even the right to own a firearm.
No matter what resulted in the suspension or revocation of your driver’s license, attorney Brian Gabriel can help. He may determine the underlying reasons for the suspension or revocation of your license and determine whether the cause was lawful and how he can protect your interests.
How Much Does a West Palm Beach Suspended License Lawyer Normally Cost?
Partnering with a suspended driver’s license lawyer in Jupiter or West Palm Beach can range in cost, and rates will depend on the severity of your charges and the circumstances surrounding your unique situation.
With that being said, often the fees for a suspended driver’s license attorney are considerably less than the fines and effects a conviction could have on your life. Hiring a lawyer for a driving offense can seem over extravagant at first, but when you consider how much you have to lose, acquiring competent legal representation is always worth the cost.
Defend Driving Related Offenses with a Former Prosecutor in West Palm Beach, Florida
If you or someone you care about is facing charges for a driving-related offense, do not put your future on the line and risk defending a driving-related offense alone. Contact criminal defense attorney Brian Gabriel to schedule a free evaluation of your case and enlist the help of a professional criminal defense attorney. Call (561) 622-5575 or send a completed contact form right away so that attorney Brian Gabriel can begin building the strongest defense possible for your unique case today.
Frequently Asked Questions About Driving Related Offenses in Florida
Will I lose my driver’s license following conviction in my Florida drunk driving case?
In Florida, every single individual convicted of a DUI will have their license suspended for a period of time. For a first-time offender, that period of time is routinely six months. For multiple-time offenders that can go up anywhere from 5 years, 10 years, or a lifetime, depending upon how many prior DUI convictions an individual has.
How many points will it take for my license to be suspended in Florida?
In Florida, there are different levels of point suspensions. But the first one that individuals will encounter is generally 12 points in a 12-month period. So if an individual gets 3 moving violations that can at 4 points each add up to those 12 points, which will result in a 30-day suspension of driver’s license.
What are some reasons why a driver’s license can get suspended or revoked?
The suspension of a driver’s license can happen because you get a speeding ticket and do nothing with it, because you get a ticket, you go to court, but you refuse or do not pay the fine, because you do not have proper insurance, because you have been ticketed too many times in the past, because you have accumulated points on your record, because you obtain a DUI, because you’ve killed somebody in a DUI accident. There is a multitude of reasons the department of motor vehicles can suspend your license, and each and every one presents a different challenge.