Most people who live in Florida know that the legal blood alcohol content (BAC) limit is .08 for the purposes of driving under the influence (DUI) cases. What many if not most people do not know is that Florida has enacted a “zero tolerance” policy regarding DUI by those drivers under the age of twenty-one. This policy was the direct result of the states realization that many alcohol related incidents involved minors. Thus to combat that rising issue, the state mandates that any minor whose breath test results reveal a .02 BAC or higher is subject to immediate arrest for juvenile DUI. If you or your child has been charged with this particular type of DUI, contact Musca Law as soon as possible to discuss all of your available options.

The consequences of this type of  DUI in Palm Beach can be particularly bad and they can affect every aspect of a young person’s life for decades to follow if not handled properly and in a timely fashion. Dealing with the problem early is of paramount import, and a Palm Beach DUI attorney can greatly increase your chances of mitigation of the case. There are many options that can be examined for individuals in this position, ranging from pre-trial intervention to suppression or exclusion of certain pieces of potentially damaging evidence. In many instances, successful Palm Beach DUI attorneys can fight the DUI charge itself, by arguing against the admissibility of important and possibly damaging evidence.

Issues involved with getting license reinstated

On its own different level, a typical DUI case carries with it some civil driver’s license sanctions. Drivers are subject to vehicle-forfeitures and can often lose their driving privileges for up to six months. The first step, though, is to immediately contact a Palm Beach DUI lawyer who can and will be able to arrange for a formal review hearing. During that process, Musca Law will stay with you and fight the license suspension and present the appropriate evidence in your favor. It is often possible to overturn the suspension, and-or receive a temporary license. Regardless of the outcome, Palm Beach DUI lawyers will tell you that this process is a vitally important part of your fighting of the DUI charge.

Although juveniles face tougher standards, the standard of care required of officers is also greater. There are many defenses that a skilled, competent, and experienced attorney might use to either fight the charge altogether or to push for a lesser charge (plea bargain down). Oftentimes, deal making can save a juvenile from the very ugly blunder that would have otherwise been on his or her record for years if not forever. This can also save thousands of dollars in insurance costs that accompany a conviction for juvenile DUI.

It is important for both minors and their parents to understand and contemplate clearly these risks and contact Musca Law immediately for advice on how to handle the situation.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.