West Palm Beach DUI Defense Lawyer
I am William Wallshein, a Florida felony DUI defense lawyer with more than 38 years of experience. Before focusing exclusively on criminal defense, I was Florida state prosecutor for five years. I know firsthand the potential ramifications individuals face when accused of a second DUI, third DUI or fourth DUI offenses. I will conduct a thorough investigation to try and uncover any evidence that can be used in your favor. If law enforcement violated your constitutional rights, I will fight for a dismissal.
Based on my years of experience, I know when to fight the charges or negotiate for a reduction in penalties. I am committed to helping you regain control of your life, while seeking to mitigate any ramifications. Contact an experienced West Palm Beach DUI defense lawyer to learn how I can help you fight the charges during a free consultation.
DUI Blood Testing
In Florida driving under the influence cases, there are three chemical tests available to measure a driver’s blood alcohol content: breathalyzers, urine tests, and blood tests. Blood tests are generally considered to be the most accurate of the three, but there are some legal issues involved. If you have undergone or refused a blood test or other chemical testing after being pulled over for a DUI, it is important to call a West Palm Beach DUI defense lawyer who understands DUI law and can expertly defend your case.
Blood testing is a generally accurate way to determine a driver’s BAC. Blood tests can also be used to determine whether other drugs, such as marijuana, opiates, cocaine, heroin, prescription drugs, and synthetic drugs are present in a driver’s system.
In Florida, there are four situations in which law enforcement officers can request a blood test:
- When a DUI suspect is treated at a hospital or other medical facility, and a breath or urine test is not practicable;
- If a health care provider treats a person injured in an auto accident and takes a blood test, he or she must report to police if the person’s BAC is over the legal limit;
- If a DUI suspect is involved in auto accident and has caused death or serious bodily injury, law enforcement may compel blood testing, even by using reasonable force;
- With the voluntary consent of the driver.
Procedure
If blood testing is conducted, there are several strict procedures to follow to correctly extract, label, store, transport, and test the blood sample. Blood samples are sent to the Florida Department of Law Enforcement for testing using gas chromatography.
There are two types of blood test samples: legal blood and medical blood. Legal blood refers to blood testing conducted by law enforcement. For legal blood to be admissible in court, the proper implied consent warnings must have been given. Medical blood is that drawn and tested by a healthcare professional. In some circumstances, a prosecutor may be able to subpoena the test results for medical blood.
If law enforcement officers do not follow the required procedures exactly, the results are invalid and inadmissible in court. A lawyer can move to suppress the blood test results if every step of the correct procedure has not been followed.
Blood Test Refusal
Generally, a driver must give consent to a law enforcement officer to draw blood. Florida’s implied consent law means that everyone who drives on the state’s roads has already impliedly consented to chemical testing if stopped for a DUI. If a driver refuses testing, his or license will be suspended for a year. For second and subsequent refusals, a driver’s license will be suspended for 18 months, and the driver will be charged with a misdemeanor, which can result in fines and jail time.
Illegal DUI Checkpoints
In Florida, it is legal for law enforcement officials to utilize sobriety checkpoints to intercept any intoxicated drivers. In order to be considered legal, DUI checkpoints must meet certain standards, and a failure to do so could result in the dismissal of a DUI charge. If you or a loved one were detained at an illegal DUI checkpoint, it is important to contact an experienced criminal defense attorney who can protect your interests.
There is a longstanding precedent that, although law enforcement must have probable cause to initiate a traffic stop, one of the few exceptions to the rule is the DUI checkpoint. This is in large part due to the fact that the minor infringement on Fourth Amendment rights is considered overshadowed by the public benefit of preventing drunk drivers from operating vehicles on roadways.
Checkpoint Requirements
In order to ensure that checkpoints are not abused, Florida requires that law enforcement adhere to certain requirements established by the National Highway Safety Transportation Board. For instance, police officers must stop every car or a predetermined number of cars to examine drivers for signs of impairment.
Additionally, Florida law requires that any vehicle that entered a designated checkpoint site cannot be detained in traffic for more than three minutes. If the three-minute time limit is exceeded, the supervising officer is required to order an alternate count. Once traffic has lessened, the officers will resume using the first method.
Checkpoints can be suspended for a variety of other reasons, including:
- A shortage of law enforcement manpower;
- Allowing an emergency vehicle to pass through the checkpoint;
- An emergency situation;
- Unfavorable weather conditions; and
- Any extreme situation where immediate suspension is necessary for the safety of the motorists.
Each DUI checkpoint must follow other guidelines, including that:
- It have an operational plan that was submitted prior to its use;
- If approved, the checkpoint go completely according to the operational plan;
- There be a clear notification through advertisement via the web or other media source of when the checkpoint will occur;
- The intentions of the stop be clear;
- It be marked with cones, signs, lights, or officers directing traffic;
- Its duration be limited;
- Cars be chosen at random, or by a predetermined formula, and officers not discriminate against a person because of race, age, gender, or ethnicity;
- It be administered safely;
- A law enforcement supervisor be present at all times and make all major decisions;
- Locations be selected by policymakers based on drunk driving statistics;
- Law enforcement officers use professional police conduct; and
- Any suspected intoxicated drivers be placed under arrest, notified of their Miranda rights, and temporarily detained in a proper area for a minimum amount of time.
Repeat DUI Offenses
You may have been here before, but that doesn’t make a second DUI offense any easier. If you are accused of drunk driving for the second time, the penalties you face could be life-altering. The loss of your driver’s license, hefty fines and jail time could be a real possibility. Select an experienced West Palm Beach DUI defense lawyer prepared to protect your rights, even when the stakes are high.
Aggressively Defending Against Second-Offense DUI Allegations
Whether you are facing first-time DUI charges or second-offense DUI allegations, law enforcement must have a valid reason to pull you over under suspicion of drunk driving, such as:
- Driving unusually close to other motorists
- Swerving between lanes
- Driving unusually slow
- Driving at night without the use of headlights
If law enforcement did not have a probable reason to pull you over for drunk driving, this may be cause for a dismissal. I will also challenge the results from the field sobriety test, known to test individual’s cognitive and physical capabilities instead of his or her blood alcohol content.
I understand the technicalities behind Breathalyzer test results. If the machine was not properly maintained or the arresting officer failed to use the Breathalyzer correctly, the calibrations may have inaccurately depicted your blood alcohol content. When defending against misdemeanor and felony DUI charge, I understand the high stakes my clients are up against. I never take DUI charges at face value. I will aggressively evaluate the evidence obtained against you in an effort to expose any errors or false assumptions made by law enforcement.
Contact a Skilled West Palm Beach DUI Defense Lawyer
DUI convictions can have a significant impact on a person’s employment opportunities, housing, and personal life. If you or a loved one have been arrested for a DUI in Florida, it is important to retain the services of an attorney experienced in defending DUI charges. Please contact West Palm Beach criminal defense attorney William Wallshein, and a member of our dedicated legal team will help you schedule a free consultation.
Even if an acquittal is unattainable, an experienced West Palm Beach DUI attorney will know how to negotiate with prosecutors for reduction in penalties. This can be invaluable for someone facing life-altering charges from felony DUI allegations. Contact my West Palm Beach DUI defense firm to learn how I can protect your rights at every turn possible during a free consultation. My West Palm Beach office is located near I-95 and PGA Boulevard. I accept credit card payments.
