DUI Defense Lawyers Helping West Palm Beach Drivers Move Forward
A DUI defense lawyer can help you respond to the two separate processes that can follow a DUI arrest. One process involves the criminal case, while the other involves an administrative license suspension through the Florida Department of Highway Safety and Motor Vehicles. Facing one or both at the same time can leave you worried about losing your license, going to court, and not knowing what steps to take next.
Ronald S. Chapman has represented drivers across Palm Beach County since 1990, handling both misdemeanor and felony DUI cases in state court, and can review the arrest report, traffic stop, testing procedures, and other evidence early in the case to identify issues that may affect how the prosecution moves forward. Ronald Chapman is a solo practitioner who communicates directly with clients and personally represents them throughout their criminal defense matters. Ronald S. Chapman, P.A. offers several qualities that can matter when choosing a defense lawyer:
- Direct communication with Ron Chapman
- Personal attorney involvement throughout the case
- 24/7 availability
- Spanish-language access
- 36+ years of criminal-defense experience and 500+ jury trials and hearings in Florida state and federal courts
- Local office in West Palm Beach serving clients throughout Palm Beach County
If you are facing DUI charges, call for a meeting with attorney Ron Chapman at (561) 832-4348, or use the online contact form to request a callback.
Key Takeaways
Several points can help you identify the issues that are important after a DUI arrest in West Palm Beach:
- The criminal case and the administrative license suspension process do not follow the same path.
- A DUI charge can also rely on allegations that alcohol, chemical substances, or controlled substances impaired a person's normal faculties.
- The traffic stop, field sobriety tests, breath test, blood or urine evidence, officer reports, and video can all raise issues in a DUI defense.
- Prior convictions, a high alcohol level, a minor passenger, bodily injury, or death can change the classification and possible penalties.
- A qualifying first refusal of a lawful breath or urine test can now create a separate second degree misdemeanor charge under Florida law.
- Ronald S. Chapman can review the DUI arrest, traffic stop, testing procedures, and other evidence to identify defense issues, address the driver's license process, and represent you through the criminal case.
What Is a DUI Charge Under Florida Law?
Florida law defines DUI under Florida Statute § 316.193 as driving while impaired by alcohol, certain chemical substances, or controlled substances, or while having a breath or blood alcohol level of 0.08 or higher. This statute also covers a wide range of circumstances that are important to take into consideration, going from a first DUI with no injuries to repeat offenses and cases involving bodily injury or death.
How Florida Classifies DUI Offenses
Florida treats DUI offenses differently based on the details of the case and whether the person has previous DUI convictions:
- First offense: Usually charged as a misdemeanor, with possible penalties that can include fines, probation, DUI school, license consequences, and jail time.
- Second or third offense: A second or third DUI can lead to higher fines, longer license suspensions, and jail time in certain cases. A third DUI can be charged as a third-degree felony if it falls within the 10-year period set by Florida law.
- DUI with property damage or injury: A DUI that involves property damage or non-serious injury can lead to more serious misdemeanor penalties. If the DUI causes serious bodily injury, it can be charged as a third-degree felony.
- Felony DUI: A DUI can be charged as a felony in several situations, including a third DUI within the 10-year period set by Florida law, a fourth or later DUI, or a DUI that causes serious bodily injury. DUI manslaughter is also a felony offense.
Factors That Affect How a DUI Case Is Charged
Several facts can affect the charge and possible penalties:
- Breath or blood alcohol level recorded in connection with the arrest
- Whether a person under 18 was present in the vehicle
- Prior DUI convictions and when they occurred
- Whether the incident involved a crash, property damage, bodily injury, serious bodily injury, or death
- Whether the driver refused a lawful breath, urine, or other qualifying chemical test
Why Hiring a DUI Defense Lawyer Matters
Having a DUI attorney familiar with Palm Beach County courts can be helpful because the attorney can review the circumstances surrounding the DUI charge to identify issues that may affect how the case moves forward.
What a DUI Defense Lawyer Reviews in Your Case
A DUI lawyer can examine several parts of the arrest and the evidence used by the prosecution:
- The traffic stop: Whether the officer had a lawful basis to stop the vehicle before the DUI investigation began.
- Field sobriety tests: Whether the tests were conducted under appropriate conditions and documented accurately.
- Breath or blood testing: Whether the testing was done properly and whether the records raise questions about the evidence. Breathalyzer equipment must be properly inspected and maintained under Florida testing requirements so the test can be evaluated for reliability.
- Officer reports: Whether the written account matches dashcam or bodycam footage, when available.
- Statements and arrest procedures: Whether statements or other evidence raise constitutional or procedural issues.
What's at Stake Without Legal Representation
A DUI charge can affect several parts of your life, especially when deadlines or aggravating factors are involved:
- A driver's license suspension and a short period to request administrative review under Florida law.
- Higher fines and possible jail time for repeat DUI offenses or cases involving aggravating factors.
- A DUI conviction that can remain on your criminal record and may not qualify for court-ordered sealing after an adjudication of guilt.
- Higher insurance costs that can continue after a DUI conviction.
- Fewer opportunities to challenge evidence or discuss a reduced charge as the case moves forward, depending on the facts and the limits imposed by Florida law.
How Ronald S. Chapman Builds Your DUI Defense
Ronald S. Chapman reviews several aspects of the case closely to identify issues that can affect the prosecution’s case and determine which defense strategies fit the circumstances.
Steps Involved in Building a DUI Defense
Building a defense can involve reviewing several parts of the DUI case:
- Case review: Examining the arrest report, citation, and available video footage from the traffic stop.
- Testing analysis: Reviewing breath test records, blood test records, and other testing information for possible gaps or inconsistencies.
- License review: Addressing the separate administrative license process and applicable deadlines after a DUI arrest.
- Negotiation or trial preparation: Evaluating whether the facts support discussions about a reduced charge or preparing the case for trial when appropriate.
When You Should Contact a DUI Lawyer
You may want to contact a DUI lawyer soon after your release because the driver's license process can move quickly.
In many cases, Florida law provides a 10-day temporary driving permit, and you generally have 10 days from the notice of suspension to request a formal or informal review.
Situations That May Call for Prompt Legal Help
Several situations may make it helpful to speak with a DUI lawyer early:
- You were arrested for DUI within the past 10 days
- You refused a breath or urine test after the arrest
- This is a second, third, or subsequent DUI arrest
- The incident involved a crash, bodily injury, or a minor passenger
- You are unsure about the status of your driver's license
- You have questions about the criminal case or administrative license process
Consequences Beyond the Courtroom
Depending on the circumstances, the consequences of a DUI charge can go beyond the courtroom and affect professional licensing, employment background checks, insurance costs, and other parts of your life after the case ends.
Long-Term Effects to Consider
Some consequences that can follow a DUI conviction include:
- Employment: Some employers and professional licensing boards may consider a DUI conviction during background checks or licensing decisions.
- Immigration status: Non-citizens facing a DUI charge may need to consider whether the charge or related allegations could affect immigration status or future immigration proceedings.
- Insurance rates: A DUI conviction can lead to higher insurance costs, depending on the driver’s record and coverage.
- Criminal record: A DUI conviction can remain part of your criminal record. Florida law does not allow withholding adjudication for a DUI conviction, and an adjudication of guilt can also affect eligibility for court-ordered sealing.