Delray Beach DUI Defense Lawyer
An arrest for driving under the influence (DUI) in Delray Beach can be a frightening experience. Driving under the influence (DUI) charges are severely penalized in Florida. Even a simple misdemeanor DUI can have a significant impact on a person’s life.
DUI defense attorney Brian Gabriel understands the complexities and challenges that come with DUI charges. With over 30 years of experience, Mr. Gabriel has foundation of expertise, personalized attention, and a commitment to achieving the best possible outcomes for his clients. Mr. Gabriel will handle your case using all the knowledge and skill developed over the span of his triple-decade career.
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 DUI 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 DUI 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 Delray Beach DUI defense 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.
Possible Penalties for Driving Under the Influence (DUI) in Delray Beach, Florida
The consequences of a DUI conviction can be severe, affecting your driving privileges, employment opportunities, and personal reputation.
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 up to 30 days in jail, along with being required to complete substance abuse classes.
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.
Felony DUI
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
By working with a seasoned DUI defense lawyer in Delray Beach, 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.
DUI Defense in Delray Beach, Florida
DUI defense attorney Brian Gabriel handles all types of DUI cases, including first-time offenses, multiple DUI offenses, underage DUI, DUI with injury, and DUI manslaughter. Mr. Gabriel is well-versed in the nuances of Florida DUI laws and will strive to protect your rights and minimize the impact on your life.
- License Suspension: If your driver’s license has been suspended due to a DUI arrest, he can assist you in navigating the administrative hearings and help you pursue options for license reinstatement.
- Breathalyzer Refusal: Refusing a breathalyzer test can have serious consequences. Mr. Gabriel has the expertise to challenge the validity of the refusal and protect your rights.
- Field Sobriety Tests: Mr. Gabriel can thoroughly evaluate the administration and interpretation of field sobriety tests, which are often subjective, and challenge their accuracy in court if necessary.
- Drug-Related DUI: If you are charged with a DUI involving drugs, Mr. Gabriel has extensive knowledge in handling cases involving illegal substances, prescription drugs, and marijuana.
It is never worth it to face a felony DUI charge alone. Protect yourself with a DUI defense lawyer you know will fight for you. Criminal Defense Attorney Brian Gabriel has been passionate about defending Floridians who face DUI charges for over 30 years.
Fight 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 machine’s statewide approval.
Mr. Gabriel stays updated with the latest changes in Florida DUI laws and uses that knowledge to build a solid defense strategy tailored to your specific circumstances. He will conduct a thorough investigation, analyze the evidence, challenge any flaws or inconsistencies, and aggressively advocate for your defense. Whether it’s negotiating a plea bargain or taking your case to trial, you can count on Mr. Gabriel to fight vigorously on your behalf.
Contact an Experienced Delray Beach DUI Defense Lawyer Today
Criminal Defense Attorney Brian Gabriel’s unwavering dedication and strategic approach have permitted him to successfully defend numerous individuals facing DUI charges, and he is ready to do the same for you. 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.
If you are facing a DUI charge in Delray Beach, don’t wait another moment to fight for your 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.