If you have been arrested for driving with a blood alcohol concentration (BAC) of .08 or above in Boca Raton, you could be facing severe penalties. The state of Florida does not take driving under the influence (DUI) charges lightly, and judges will often sentence offenders to the full extent of the law. Do not try to face a DUI charge without obtaining an experienced DUI defense attorney on your side.
A DUI charge can have far-reaching consequences, impacting your personal life, professional opportunities, and even your freedom. Criminal Defense Attorney Brian Gabriel has over 30 years of experience fighting DUIs in Boca Raton, and he understands the gravity of these charges and the stress they cause. Mr. Gabriel is here to offer you experienced legal support and will handle your case using all the knowledge and skill developed over the span of his triple-decade career.
Is a DUI in Boca Raton, Florida a Felony or Misdemeanor Charge?
In Florida, a DUI (Driving Under the Influence) charge can be either a felony or a misdemeanor, depending on the specific circumstances of the case. The classification of the offense typically depends on factors such as the driver’s blood alcohol concentration (BAC), any previous DUI convictions, and whether there were any aggravating factors involved.
Various elements can affect the degree of punishment in a Florida DUI case, including:
- Your blood or breath alcohol level at the time of the arrest
- If the DUI involved injuries or fatalities
- Prior DUI convictions
- The presence of a minor in the vehicle
- Open containers
- What you say to law enforcement at the time of the arrest
- If the driver was in an accident and failed to provide their information or render aid
Although the majority of DUI charges are misdemeanors, if your DUI is raised to a felony charge, you could be facing life-altering penalties, including a loss of civil rights. In Florida, convicted felons are not allowed to vote, own a firearm, serve on a jury, hold public office, or renew some professional licenses.
Possible Penalties for DUI Manslaughter Charges in Boca Raton, Florida
Under Florida Statute 316.193, a person is considered to be “driving under the influence” if they are in physical control of a vehicle and have a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood.
Misdemeanor DUI Penalties
A first-time misdemeanor DUI conviction may result in fines ranging from $500 to $1,000. You may also face up to six months of probation, up to six months of driver’s license suspension, mandatory DUI school attendance, possible community service, and the potential for vehicle impoundment.
Subsequent DUI convictions within a certain time frame can lead to increased penalties. These may include higher fines, longer license suspensions, mandatory installation of an ignition interlock device, and potential jail time.
Felony DUI Penalties
If you have multiple prior DUI convictions within a specified time period, a subsequent DUI offense can be charged as a felony. Felony DUI convictions carry more severe penalties, including significant fines, lengthy license suspensions or revocations, mandatory ignition interlock device installation, probation, and potential imprisonment ranging from months to years.
If your DUI offense involves causing serious bodily injury to another person, it can result in a felony charge. This offense carries substantial penalties, such as significant fines, lengthy license suspension or revocation, mandatory ignition interlock device installation, potential prison time, and restitution to the injured party.
DUI Manslaughter Penalties
If the driver’s actions result in the death of a human being or unborn fetus, their offense will be enhanced to a DUI manslaughter charge. DUIs that involve manslaughter are charged as either first- or second-degree felonies in Florida and are punishable by:
- Up to $10,000 in fines
- Up to 30 years in prison, with a 4-year minimum
- Vehicle impoundment
- Driver’s license revocation
- Ignition interlock device installation
Even after serving their time in prison, DUI offenders are subject to probation. If probation is violated, you could be sent back to prison.
How Can a DUI Attorney Help Me with My DUI Offense?
All testing of blood alcohol concentration must be performed under certain conditions in order for the results to merit any accuracy. However, even under the proper conditions, Florida’s official approved breath test machine, the Intoxilyzer 8000, can still produce faulty readings. Since its statewide approval, DUI defense Attorney Brian Gabriel has conducted thorough research into the Intoxilyzer 8000, calling into question the device and its accuracy.
For the last 30 years, DUI defense Attorney Brian Gabriel has crafted effective defense strategies for his clients facing various types of alcohol-related criminal charges in Boca Raton, including DUI, vehicular homicide, and DUI manslaughter. He understands that conducting a solid DUI defense requires knowing your case inside and out, which is why he makes sure to have a comprehensive understanding of the following:
- Why the police officer pulled you over
- Whether the police officer had probable cause to conduct a traffic stop
- Whether the police lawfully respected your rights
- How your blood alcohol concentration was tested
- Whether there was probable cause to arrest you for driving under the influence
The answers to the above inquiries are not always as clear as one would think. After reviewing your specific situation, Mr. Gabriel may be able to contest your arrest, have your penalties reduced, or get your DUI charges dropped entirely. In the event that your DUI charge cannot be dropped, Mr. Gabriel will work to diminish the penalties you face to reduce the effect the DUI will have on your freedom and lifestyle.
Defending a Charge for Driving Under the Influence (DUI) in Boca Raton
DUI defense lawyer Brian Gabriel may defend your DUI charge in Boca Raton, Florida, by:
- Interviewing any involved parties to pinpoint any possible flaws in the case.
- Formulating a plea bargain in the event that your DUI is ineligible to be dropped or reduced.
- Assisting with the jury selection so you can rest assured your trial will be fair.
- Reviewing the prosecutor’s case against you to verify what they have and identify any chances to have you acquitted.
- Analyzing evidence to uncover any legal loopholes that could work against your convictions.
Common defense strategies for DUI charges revolve around the notion that the defendant:
- Underwent improper chemical testing
- Was unlawfully arrested
- Had a medical condition
- Was subjected to police misconduct
- Had their Miranda rights violated
- Had alcohol residue in their mouth
A DUI charge in Boca Raton does not have to mean your life is ruined. By hiring a skilled DUI defense lawyer like DUI defense lawyer Brian Gabriel to represent your interests, you may be able to get your life back on track. Your freedom and reputation are worth fighting for, and they deserve a top-notch defender. Mr. Gabriel has close relations with South Florida investigators and other related figures, allowing him to apply their knowledge to create strong defenses for his clients facing DUIs.
Get in Touch with a Highly Qualified Boca Raton, Florida DUI Defense Attorney
DUI defense attorney Brian Gabriel has an in-depth understanding of Florida’s DUI laws and legal procedures and is well-equipped to handle even the most complex DUI cases. From scrutinizing the details of the traffic stop to challenging the accuracy of field sobriety tests and breathalyzer results, he will aggressively advocate for your rights.
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.
