Law enforcement officers throughout Palm Beach Gardens keep a close watch on drivers to ensure they drive safely. The moment you show that you might be intoxicated behind the wheel, the police can pull you over and place you under arrest for DUI. While the legal blood alcohol concentration, or BAC, is 0.08%, you may be arrested regardless of what your BAC measures if the police suspect you are impaired.
DUI arrests are among the most common arrests in Florida. Police departments set up checkpoints and place themselves in unexpected locations to try to catch drivers breaking the law. An officer can investigate you for DUI upon a simple traffic stop for swerving or failing to come to a complete stop. Upon closer inspection, he or she can issue a series of sobriety tests to determine whether to place you under arrest.
When you face a DUI in Palm Beach Gardens, you need strong legal representation as soon as possible after an arrest. The earlier you align yourself with an experienced attorney, the better the results of your case will be.
Proving DUI in Florida
The State of Florida must show that you were under the influence of alcohol at the time of the traffic stop to gain a DUI conviction. The elements required to prove a DUI in Palm Beach Gardens include:
- You were driving or in actual physical control of a vehicle
- While you under the influence of alcohol or a controlled substance
- To the extent that your normal faculties were impaired and/or had a blood alcohol concentration of 0.08% or above.
The prosecution must provide evidence of the above to establish that you were driving under the influence.
Per Se DUI in Palm Beach Gardens
In the state of Florida, you can also face a DUI charge if you drive or are in physical control of a vehicle with a BAC of 0.08% or higher; it is not necessary to show that you were impaired when your BAC test results prove that you blew at or above a 0.08%. A DUI of this nature is called a per se DUI.
If your test results show that your BAC at the time of the DUI stop was at or above the legal limit, it’s crucial to work with an experienced DUI lawyer who thoroughly understands the inner workings of the Intoxilyzer 8000 — the very machine that measured the concentration of alcohol in your breath at the police station. An attorney who has educated himself on the science behind these tests and the results they produce can effectively challenge the results.
Refusing the DUI Breath Test
Many DUI defendants question whether they should avoid the DUI breath test. While some attorneys may advise this, it’s important to know that doing so carries its own set of consequences outside of those that follow a DUI conviction.
A person who refuses chemical testing (whether a breath, blood, or urine test) for the first time will face a one-year driver’s license suspension. A person who refuses for the second time will face an 18-month driver’s license suspension, while a third offense will lead to a subsequent 18-month suspension.
Even if you are found not guilty of DUI in Palm Beach Gardens, you may still face the administrative penalties associated with refusing to take a breath test This is because, under Florida’s implied consent laws, you provided consent to take these tests the moment you signed for your driver’s license.
Former Prosecutor Fights DUI in Palm Beach Gardens
Attorney Brian P. Gabriel of The Law Office of Gabriel & Gabriel is a former prosecutor who has dedicated over 30 years of his career to DUI defense in Palm Beach Gardens. He has done extensive research on the Intoxilyzer 8000 and has led the fight against allowing its results to be used as evidence in court due to a myriad of flaws.
Brian Gabriel knows DUI defense is your one chance to preserve your life as you know it when facing a possible DUI conviction. Don’t hesitate to contact him to discuss your DUI case in Palm Beach Gardens. Call 561-622-5575 or complete a contact form for a free case evaluation.
