Did you get pulled over in Palm Beach for suspicion of driving under the influence (DUI) of liquor or drugs? Have you or a family member been arrested for driving under the influence (DUI) in Palm Beach? Then you know what a lonely nightmare without end feels like. If you haven’t, yet you do drink after driving, even if its one small glass of wine, then this information can be vital to your future happiness. Being arrested for DUI in Palm Beach is often a time of great uneasiness, uncertainty and concern. You and your loved ones may be wondering all kinds of wild and catastrophic thoughts about exactly what is going to happen next and when and what the penalties might be should there be a conviction. The most important thing for you to focus on keeping to the forefront of your mind is to remember to stay calm and call Musca Law for help. Until you do, you and your family members will probably be the only ones concerned about preserving your rights. We will aggressively defend your case. Without an aggressive defense team behind you, you may well face substantially higher penalties upon a conviction. We will meet with you, via your choice of either by phone or in person, for a free confidential consultation to discuss the possibilities and answer your questions.

DUI Penalties

The potentiality of a conviction is usually dependent on two things. The first is the amount of evidence, and of which kind(s) the prosecutor has against you. The second is how skilled, experienced, competent and savvy your Palm Beach DUI lawyer is. The amount and type of evidence the prosecution has against you will undoubtedly influence the outcome of your case. When your lawyer is well-versed in Palm Beach DUI cases and has excellent knowledge, skill and strategy, you  have a lesser or alternative sentence (if convicted) and may well be able to avoid any conviction. .

It all usually boils down to the two main types of DUI arrest cases: a civil case regarding an administrative action‚ and license suspension, and a criminal case that results in penalties including jail-time, fines, and probation upon conviction. Certainly individual circumstances and a record of prior such cases including the number of such convictions will impact the penalties. It is important enough to note that The State of Florida mandates minimum penalties for DUI convictions. Your punishment could be much harsher than that minimum, largely dependent upon the specific details of your case. For example, if your breath test exceeded .15 blood alcohol content (BAC), or there was any property damage, or there was a minor in the vehicle, the minimum penalties can and probably would be more severe. Conversely, time spent in residential alcohol and/or drug rehabilitation programs can and may be credited toward future jail time if you are convicted, depending on the individual circumstances. This summary is merely a cursory glance at a more complex issue, is intended as a quick reference guide only, and should never be used in lieu of the full text of law or sound legal advice.

Formal Administrative Hearing

You have the right to schedule an administrative hearing within 10 days of your arrest. If you plan to ask for an administrative hearing, you should do so, or inform your attorney to do so, before the last three days of that ten day period. You have the right to be accompanied by an attorney of your own choosing to be present with you at the hearing. A skilled DUI lawyer can help to mitigate and reduce any penalties or suspension at this hearing. This hearing does not decide whether or not you are guilty of a criminal act, but instead decides whether your arrest procedure followed all the certain basic ground rules, looks at any refusal to take the test and whether or not your license to drive a motor-vehicle in The State of  Florida should be suspended or revoked.

DUI Criminal Proceeding

The criminal hearing is, naturally, different than the civil hearing, and determines the correct classification of your conviction and ascertains what penalties may or must be assessed. It can be much more objective than the civil hearing. This includes incarceration, fines and fees to be paid, length of license suspension, possibility of parole, community service, alcohol or drug program requirements and ignition interlock device installation, among others.

1st Offense

For a first offense, you can be sent to jail for up to twelve months, and will serve a mandatory minimum of 6 months probation; driver’s license suspension of  six months; vehicle impounded for ten days; fifty hours of community service and/or an added fine of $10 per hour of community service required; plus fines of $500-$1,000.

2nd Offense

For the second offense, jail time is up to 9 months, or a mandatory incarceration of a 10 day minimum if the conviction is within 5 years of the first; driver’s license suspension for twelve months; vehicle impounded for thirty days; plus of course some fines totaling from $1,000-$2,000.

3rd Offense (occurs in more than 10 years)

For the third offense, you get imprisonment of up to 1 year (or at least thirty days with forty-eight consecutive hours if previously convicted within the past ten years); plus again, fines between $2,000 and $5,000.

4th Offense

For the fourth offense, it jumps to five years of incarceration; minimum fines of $2,000. Those found to be habitual/violent offenders may have different, harsher penalties.

Misdemeanor

With accidents involving personal injury and/or property damage, the convicted driver faces up to $1,000 in fines or 1 year of jail time.

Felony

Should an accident result in serious bodily injury, or in the case of someone who has been designated a repeat offender and has committed a third-degree felony, the defendant-arrestee will face a fine of up to $5,000 and up to five years of incarceration.

To make an appointment to discuss your case with a qualified Palm Beach DUI attorney, contact Musca Law today. Memorize this phrase: “Talk to my attorney”

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.