Out-of-State DUI Attorney in West Palm Beach, FL Navigating Jurisdictional Challenges in Palm Beach County, Broward County, Martin County, and Throughout South Florida
South Florida hosts thousands of visitors from outside Florida every year. Unfortunately, some may enjoy themselves a little too much and end up arrested for DUI. When you get charged with DUI while visiting Florida, you may worry about how you can resolve your charges and the potential consequences of a conviction when you return home. You deserve experienced local counsel who can help you understand Florida DUI law and navigate the criminal justice system. After getting arrested for DUI in South Florida as a visitor or tourist, a knowledgeable West Palm Beach out-of-state DUI lawyer from BD Law can help you understand the potential consequences of an arrest and conviction. Contact us today for an initial case review to discuss how our firm can fight for your rights and interests in your current DUI prosecution.
Understanding DUI Charges for Out-of-State Drivers
Under Florida law, a driver commits DUI when they drive or exercise actual physical control of a motor vehicle while under the influence of alcohol or drugs to the extent that their ability to operate a vehicle safely has been impaired or when they have a blood alcohol level of 0.08 or more. Unfortunately, when an out-of-state driver commits a DUI in Florida, they may face penalties both in Florida and in their home state. States in the U.S. have created the Driver License Compact, in which they have agreed to share information about major traffic violations committed by out-of-state motorists, such as DUIs. This sharing of information allows a driver’s home state to impose various administrative or civil penalties on the driver as if they committed the DUI in their home state. For example, license suspensions that may result from a Florida DUI conviction can apply to an out-of-state driver’s license from their home state, with the home state applying the license suspension that would apply if the driver committed a DUI in that state.
Facing DUI Charges? BD Law Can Help.
Speak With Our Top-Rated
DUI Defense Attorney
Penalties for Florida DUI Conviction
In addition to the administrative penalties or consequences that an out-of-state driver may face at home for a Florida DUI, a conviction may also lead to a criminal sentence in Florida. Florida DUI penalties will depend on the number of prior DUI convictions a driver has on their record, how recently a prior conviction occurred, and whether the driver’s offense involved aggravating factors. Penalties can include;
- First conviction: Fine of $500 to $1,000 and/or up to six months in jail
- Second conviction: Fine of $1,000 to $2,000 and up to nine months in jail
- Second conviction within five years of a prior conviction: Fine of $1,000 to $2,000 and up to nine months in jail, with a mandatory minimum sentence of 10 days (at least 48 hours of which must be served consecutively)
- Third conviction: Fine of $2,000 to $5,000 and/or up to 12 months in jail
- Third conviction within 10 years of a prior conviction: Fine of $2,000 to $5,000 and up to five years in prison, with a mandatory minimum term of 30 days
- Fourth or subsequent conviction: Minimum fine of $2,000 and up to five years in prison
Aggravating factors that can increase criminal penalties for a DUI conviction include:
- Driving with a blood alcohol level of 0.15 or more
- Driving with a minor passenger
- Causing or contributing to a motor vehicle accident that results in property damage, injuries, or death
Defense Strategies in DUI Cases
In a DUI case, you might pursue various factual and legal defenses to contest the prosecution’s case and seek a reduction or dismissal of your charges. Common defense strategies used to fight DUI charges include:
- Challenging the legality of the traffic stop: A defendant may seek to exclude all the prosecution’s evidence by showing that police lacked reasonable suspicion or probable cause of a DUI, traffic violation, or other criminal offense to initiate a traffic stop, or that police improperly conducted a DUI checkpoint without a neutral, objective method of selecting vehicles to stop.
- Challenging the sufficiency of evidence: Defendants might fight a DUI charge by contending that the state lacks sufficient evidence to prove that the defendant operated or exercised actual physical control of a motor vehicle while under the influence of alcohol or drugs.
- Challenging the reliability of field sobriety or chemical testing: A defendant may move to exclude an arresting officer’s testimony or chemical testing results by highlighting issues affecting the reliability of field sobriety or breath/blood/urine test results, including environmental/medical factors affecting testing, officers’ failure to follow testing protocols, or lack of calibration of testing equipment.
Contact Attorney Brandon Dinetz at BD Law to Understand the Effects of an Out-of-State DUI Conviction
When you face DUI charges while visiting South Florida, you need experienced legal counsel to understand your rights and options. Contact BD Law today for a confidential consultation with an out-of-state DUI attorney in West Palm Beach, FL, to discuss what a Florida DUI conviction may mean for you back home.