DUI Attorney Near Me in Jupiter Serving Palm Beach County and Beyond

Red, white, and blue are the colors of freedom… until they light up in your rearview mirror. There are few experiences in life more alarming than being pulled over for a suspected DUI. At that moment, with your emotions running wild, you might not yet be thinking about hiring a skilled Florida DUI lawyer.

But doing so is your best shot at winning a favorable outcome. You see, the arrest-to-conviction ratio for a DUI in Florida is 78%¹. Said another way, 78% of people charged with any kind of DUI in Florida are ultimately convicted.

Frankly, FL prosecutors and the state court system look extremely harshly on DUI cases. We know because our attorneys were Florida prosecutors for years themselves, handling thousands of cases. If you have been charged with any kind of DUI in the state of Florida, we are here to advocate aggressively on your behalf.

Types of DUI Cases We Handle

The types of DUI cases we handle include:

• First Florida DUI Offense
• Second DUI offense in FL
• Florida Third DUI offense
• Fourth DUI offense (and beyond) in FL
• DUI with a minor in the vehicle
• DUI with a BAC of .15 or above
• Underage DUI
• BUI (Boating Under the Influence) in Florida
• And any other DUI charge (or combination of the above charges) you may be facing

Our attorneys at Simko Law Group are knowledgeable, skilled, and experienced. But we have an additional advantage that many other Florida DUI attorneys do not—we spent years as prosecutors for the Palm Beach County State Attorney’s Office right here in Florida.

And that means no matter what type of DUI charge(s) you are facing, our attorneys are experienced with the DUI Laws in Florida know exactly which strategies the state is likely to use against you. More importantly, it also means we can build you a defense strategy custom-designed to stand strong against the prosecution.

Why Choose Simko Law Group as Your Florida DUI Lawyer?

Here are five reasons why choosing Simko Law Group as your Florida DUI lawyer is the best decision you can make:

1. We know how the prosecution thinks. Our attorneys are former Florida state prosecutors.
2. A wealth of relevant experience to draw from. We have handled cases including felonies and DUIs.
3. No surprises. You will be well-prepared for every single court appearance since we have argued many cases at trials in front of juries.
4. Florida law is our specialty. We are veterans when it comes to the Florida legal system.
5. Compassionate and responsive. You will never be just another paying client to us. We understand the long shadow that a DUI can cast over your life for years to come. Winning the best possible outcome is just as important to us as it is to you.

If you have been charged with any kind of DUI in Florida contact Simko Law Group or call (561) 951-1264 right away. The sooner we get started, the more time we have to build you a strong defense.

Understanding the Impact of DUI

Getting convicted for a DUI in Florida carries serious ramifications. You may be facing fines, jail time, community service, and suspension of your driver’s license as a result. But these DUI penalties are just the beginning—a Florida DUI conviction can have major impacts on your career options, too.

If you are a nurse in Florida or working to become one, you are already very familiar with the Florida Board of Nursing. They have the right to suspend or revoke your nursing license following a DUI conviction. The Board makes these decisions on a case-by-case basis.

You need a license through the Florida Real Estate Commission to practice real estate in FL. Whether you already have your real estate license or want one in the future, a DUI can hold you back. Just like with nurses, the Board can choose to suspend or revoke your license following a DUI.

And of course, the Florida Department of Education gets the final say on your teaching certificate after a DUI conviction. Suspension and revocation are possibilities, or you may be required to complete treatment in order to keep teaching.

But even if you do not ever intend to hold any of these professional licenses, a DUI can impact your life in huge and unexpected ways.

You do not realize just how useful driving is—or how often you do it—until you suddenly cannot anymore.

Furthermore, a conviction on your criminal record is public knowledge. You cannot get a DUI expunged from your record in Florida. Everyone from your loved ones to future employers is likely to have a negative opinion of your DUI… and they may treat you differently as a result.

Penalties for Drunk Driving

For a first DUI offense in Florida, the potential penalties are:

• Between one day and six months in jail
• Up to one year of probation
• Fines ranging between $500 – $1,000
• License suspension for 180 days
• Vehicle impounded for 10 days
• 50 hours of community service
• Completion of DUI driver education course
• Substance abuse treatment and evaluation

The penalties for a second DUI offense within five years in Florida include:

• Between 10 days and nine months in jail
• Up to one year of probation
• Fines ranging between $1,000 to $2,000
• License suspension for five years
• Vehicle impounded for 10 to 30 days
• Minimum one year with an ignition interlock device
• Completion of DUI driver education course
• Substance abuse treatment and evaluation

The penalties for a second DUI offense outside of five years are:

• Between one day and nine months in jail
• Up to one year of probation
• Fines ranging between $1,000 and $2,000
• License suspension for six months
• Vehicle impounded for 10 days
• Minimum one year with an ignition interlock device
• Completion of DUI driver education course
• Substance abuse treatment and evaluation

The penalties for a third DUI offense within 10 years in Florida are:

• Between 30 days and 12 months in jail
• Up to one year of probation
• Fines ranging between $1,000 and $5,000
• License suspension for 10 years
• Vehicle impounded for 10 to 90 days
• Minimum two years with an ignition interlock device
• Completion of DUI driver education course
• Substance abuse treatment and evaluation

The penalties for a fourth DUI offense in Florida are:

• Between one day and five years in jail
• Probation for at least one year, up to five years
• Fines ranging between $2,000 and $5,000
• License permanently revoked
• Vehicle impounded for 10 days
• Minimum two years with an ignition interlock device
• Completion of DUI driver education course
• Substance abuse treatment and evaluation

And if you have a minor in the vehicle and/or a BAC of .15 or higher at the time, the penalties increase to:

• First offense: Up to nine months in jail, up to $2,000 in fines, license suspension of one year, and six months with an ignition interlock device in your vehicle, plus standard first offense penalties
• Second offense: Up to one year in jail and up to $4,000 in fines, plus standard second offense penalties
• Third offense: Minimum fine of $4,000, plus standard third offense penalties
• Fourth offense or greater: Standard fourth offense penalties, including the DUI being categorized as a felony DUI

Refusing to Take the Breath Test

Refusing to take the breath test in the state of Florida² will result in your license being automatically suspended as per state law.

In Florida, we have an ‘implied consent’ law like many other states. By operating a vehicle in the state of Florida, you are consenting to take any field sobriety test issued by a law enforcement official. However, there may be an advantage to refusing the breath test.

Without these chemical tests, the prosecution will have only subjective observations to prove you were in fact driving under the influence. It is generally harder for prosecutors to convince a jury of this without evidence from a breathalyzer or other chemical test.

DUI Defenses

In Florida, there are many potential defenses for a DUI charge. These can be sorted into four ‘categories.’

Affirmative defenses mean you admit to the DUI, but you are not fully culpable due to specific facts or circumstances. Negating defenses, on the other hand, are those which prove the necessary elements of a DUI were not present.

You see, in Florida the state must prove three things to support your DUI charge. First, that you were controlling or driving the vehicle. Second, that you did so under the influence of drugs or alcohol. Third, that your abilities were impaired during this time. So, negating defenses disprove any of these elements.

The third category is challenging the traffic stop, meaning you and your attorney believe the officer had no reason to stop you. And fourth is fighting the field sobriety tests, which is common because many Florida field sobriety tests are rather subjective.

Affirmative Defenses

Common affirmative defenses for a Florida DUI include:

• Mistaken fact. In rare cases, this defense may be appropriate. You committed the crime but, for example, only because you had been drinking non-alcoholic drinks and someone gave you alcohol without you knowing.
• Entrapment. A rare but not unheard-of scenario in which an officer tricks you into drinking as part of an undercover operation, and then pulls you over as soon as you leave the bar.
• Duress. You admit to the DUI, but someone threatened to harm or kill you or a loved one, AND this person had the power to immediately act on the threat.
• Involuntary intoxication. You were driving while intoxicated, but you did not ingest of your own free will. This defense is most common in situations involving a date rape drug.
• Necessity. You committed the crime, but an emergency (manmade or natural) meant you had to drive.

Negating Defenses

In Florida, there are three common defenses used to negate the elements of a DUI:

• “Wheel witness.” You and your attorney assert that the prosecution cannot prove who was driving the vehicle because there is no ‘wheel witness.’
• No physical control of the vehicle. You and your attorney assert that the prosecution cannot prove you physically had actual control of the automobile.
• The vehicle does not run. You and your attorney assert that no one was driving the vehicle in question because it does not actually run.

Justification for Being Pulled Over

In order for an officer to legally pull you over, they must have appropriate reasons. Otherwise, your entire case can be thrown out.

For example, if you did not violate any traffic laws, did not have any defective equipment on your vehicle, or any other reason for probable cause is not established, much of the evidence related to your case may be suppressed.

In some scenarios, your case may be dismissed entirely.

Fighting the Field Sobriety Tests

As your Florida DUI attorney, we will investigate the validity of any field sobriety tests you performed. These tests—which include standing on one leg and reciting parts of the alphabet—are incredibly subjective.

Studies even show that field sobriety tests are not all that reliable. We will dig deep into whether there were any issues related to your tests, the background of the officer who issued them, and any other factors that may negate the results.

DUI FAQs

What Are the Potential Consequences of Violating Probation After a DUI?

If you violate probation after a DUI in Florida, the potential consequences are:

• Additional fines
• Court mandated community service
• Probation extension
• Mandatory drug/alcohol counseling or treatment
• Mandatory enrollment in a DUI or driver reeducation course
• The imposition of your original jail sentence for the DUI charge
• Further driver’s license suspension or restrictions
• Being charged for additional offenses unrelated to your DUI, depending on the terms of your probation
• Installation of an ignition interlock device

This is one of the most common DUI questions we hear as Florida DUI lawyers. Even though violating probation after a DUI might seem like a calculated risk—or even a necessity in extreme scenarios—the potential consequences of doing so are soberingly harsh.

This is one of the most common DUI questions we hear as Florida DUI lawyers. Even though violating probation after a DUI might seem like a calculated risk—or even a necessity in extreme scenarios—the potential consequences of doing so are soberingly harsh.

Can a DUI Lawyer Help Me Get a Reduced Sentence or Plea Bargain in Florida?

Yes, a DUI lawyer can absolutely help you get a reduced sentence, plea bargain, or potentially an even better outcome. When you work with a skilled Florida DUI lawyer like the attorneys at Simko Law Group, we will explore every possible avenue for winning you a better outcome.

This can take many forms. Once we get familiar with your case, we will explain all your rights and options. We will also leverage our experience and network to negotiate with the prosecution whenever possible.

What is the DUI court process in Palm Beach County FL?

Check out DUI court process in Palm Beach County to learn about the DUI process in FL.

How Can I Find a Good DUI Lawyer in Florida to Handle My Case?

The best way to find a good DUI lawyer in Florida to handle your case is by doing a small amount of research into the attorneys you are considering.

For example, our attorneys spent years working as prosecutors here in Florida before opening this firm. Their experience on both sides of the courtroom gives our team a unique perspective on how to build an effective defense strategy.

You want a Florida DUI lawyer with relevant experience that can give you the upper hand throughout your case. And when you work with Simko Law Group, that is exactly what you get.

Do not leave your freedom and your future up to chance. If you or a loved one are facing Florida DUI or BUI charges of any kind, call or text us right away at (561) 951-1264.

References:

1. https://www.fdle.state.fl.us/Alcohol-Testing-Program/Intoxilyzer-8000-Records/Subject-Test-Statistics/2022/3-2022-MonthlyStatistics
2. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1932.html