DUI West Palm Beach
West Palm Beach DUI Lawyer
My name is William Direnzo and I have focused my entire career on defending DUI offenses. I have instructed police officers and criminal defense attorneys on some of the most technical DUI related issues in Florida. My reputation in the South Florida legal community is not only strong, but also widely known by the defense and prosecution. Over the past 15 years I have worked with some of the best lawyers in Florida. My law firm is comprised of three “Offense Specific” criminal defense lawyers. Offense specific denotes a practice that isn’t merely limited to criminal defense, but additionally limited primarily to a specific crime. The offense that I have focused my career on is DUI… and I do it well.
Defending DUI Cases in West Palm Beach
When facing accusations of DUI it is crucial that you immediately get legal counsel to initiate action to defend your case. Whether you were stopped at a sobriety checkpoint or were pulled over based on a driving infraction, you could be facing very serious penalties. The state of Florida has enacted laws that increase the penalties for levels of alcohol found in the blood as well as for those that have prior convictions for DUI.
DUI Lawyer in West Palm Beach
Our legal team has many years of experience in court, fighting to defend our clients charged with a variety of DUI offense. Even if this is your first time DUI charge, the DUI penalties in the state of Florida can still be severe. Those who are convicted of multiple DUIs need the assistance of an aggressive DUI lawyer to avoid very serious penalties such as a $3000 fine or up to 5 years in state prison. Our firm has experience handling cases for clients who have been charged with an under 21 DUI. The state of Florida has zero tolerance laws for drunk drivers under 21 years of age. If you are under the legal age and your BAC measures 0.02% or higher, than you will receive a DUI charge that could result in an automatic driver’s license suspension for six months.
If you are operating a commercial vehicle under the influence, you could be charged with a commercial DUI if your BAC is above 0.08%. If convicted, you will be ineligible to operate a commercial vehicle for one year. We understand the serious nature of DUI convictions and how they can impact an individual’s life. We can assist you with Out of State DUI charges and serious felony offenses such as Leaving the Scene, Vehicular Manslaughter, and cases of Boating Under the Influence, and we also represent our clients at DMV Hearings to address problem related to driver’s license suspension.
Not all attorneys have the experience and background in defending DUI charges, and our legal team is proud of our impressive record throughout the courts as DUI lawyers in the West Palm Beach area and in Fort Lauderdale. We take an aggressive approach for our clients, seeking to refute evidence through contesting its validity with scientific evidence and experts if necessary. No testing system is without flaws. Even breath and blood tests can have incorrect readings, and how they were administered must be fully reviewed to determine if your case has a potential defense. Field sobriety tests are notoriously fallible, and the best of these tests has only a 77% accuracy rate. Every aspect of the evidence against you must be evaluated thoroughly in order to determine our best course of action in defending your case.
DUI Charges in West Palm Beach
As the penalties for DUI are very severe in West Palm Beach and Florida, it is critical that you have a criminal defense lawyer in West Palm Beach that is prepared to seek out every possible option to defend your case. If convicted, you could be facing jail time, expensive fines, and a suspension of your driver’s license and increased insurance rates. You could be passed over when seeking employment when your potential employer looks up your criminal record. The damage can be extensive, and fighting for an acquittal, reduced charge or alternative sentencing is crucial. Our Fort Lauderdale and West Palm Beach DUI lawyers have the experience and record that you need when facing any type of DUI charge, whether a felony, first time DUI or other DUI matter.
Leaving the Scene
Leaving the Scene Criminal Charges
It is against the law in the state of Florida to leave the scene of an accident, also known as a “hit and run”. The criminal charge for leaving the scene is either a misdemeanor or felony depending on the circumstances of the incident. A person convicted of a hit and run may be sentenced to jail or prison and fined. Additional penalties may include probation, community service and court ordered counseling programs. An individual charged with leaving the scene of an accident should immediately contact a West Palm Beach DUI attorney for legal advice concerning a very serious charge. DiRenzo & Weick defend many clients against allegations of leaving the scene of an accident or crime.
Defense for Leaving the Scene Crimes
There are two type of leaving the scene crimes. A misdemeanor charge would involve crashing a car and leaving it at the location. Leaving the scene of an accident that includes extensive property damage, with serious injuries or deaths is a felony crime. In either case, punishment increases for a DUI caused accident and the drunk driver leaves the scene. Society frowns on those people who leave the scene of an accident and law enforcement works hard to find those offenders. Accident witnesses may identify an individual who flees an accident. Leaving the scene of an accident is never a good idea and the consequences for doing so are great.
An individual accused of leaving the scene or LSA needs a criminal defense lawyer who can aggressively defend against the serious criminal charges. In a criminal case, the prosecution must present evidence beyond a reasonable doubt that the alleged crime occurred. A defense attorney can challenge the evidence by attacking the police reports, arrest records and procedures, and witness statements. Challenging any forensics is also part of an effective defense. DiRenzo & Weick are qualified attorneys recognized by the National Association of Criminal Defense Attorneys. The goal of our firm is the best possible outcome for clients charged with criminal charges. Make an appointment today for a consultation with one of our qualified attorneys.
Contact a West Palm Beach DUI Defense Lawyer for legal representation and DUI defense against leaving the scene of an accident.
West Palm Beach Multiple DUI Attorney - Stiff Penalties for Multiple DUI Convictions
A DUI criminal conviction is a serious crime with accompanying penalties. A sentence for a first offense can include time in jail, probation, fines, driver’s license suspension, vehicle impound, mandatory DUI school, alcohol evaluation and treatment. For each subsequent DUI conviction, the punishment increases. An individual with multiple DUIs should seek legal advice and contact a West Palm Beach DUI lawyer for a defense against very serious criminal charges. The DUI attorneys from DiRenzo & Weick are experienced in the laws relating to DUI criminal defense and fights aggressively for clients who have prior convictions.
Possible Prison Sentence for Multiple DUI Offenses
The circumstances of the DUI occurrences and the number of DUIs that a person has determine the severity of the penalties imposed by the courts. Following are some of the punishments for multiple DUIs:
- Second DUI within 5 years – fine, 12 months probation or jail time, driver’s license revocation 5 years, 10 days minimum jail time, 30 days vehicle impound, 1 year ignition interlock, multiple offender DUI school, alcohol evaluation and treatment
- Third DUI within 10 years – fine up to $3,000.00, up to 60 months probation or possible jail time, 10 years driver’s license revocation, up to 5 years state prison, 90 days vehicle impoundment, 2 year ignition interlock device, multiple offender DUI school, alcohol evaluation and treatment
- Fourth DUI within a lifetime – $3,000 fine, up to 60 months probation, permanent driver’s license revocation, up to 5 years state prison, up to 90 days vehicle impound, 2 years ignition interlock, multiple offender DUI school, alcohol evaluation and treatment
A DUI defense lawyer experienced in DUI cases is necessary when facing the possibility of the severe penalties for multiple DUI charges. The defense attorneys in our firm are knowledgeable in all areas of the law concerning drunk driving criminal charges. We can aggressively defend against DUI charges with to seek an acquittal, decreased or dismissed charges. DiRenzo & Weick are recognized criminal defense attorneys and handle many multiple DUI cases. Make an appointment today for a consultation with one of our qualified attorneys.
Contact a West Palm Beach Multiple DUI Attorney for legal defense against multiple DUI offenses.
Under 21 DUI
West Palm Beach Under 21 DUI Attorney - Zero Tolerance for Under 21 DUI
A DUI is a serious offense for drivers of any age. The legal alcohol limit for drivers over 21 years of age is .08%, but the state of Florida has zero tolerance laws for drunk drivers under the age of 21 years. If a drunk driver is pulled over by an officer and given a breath test or blood test that measures .02% or higher and the driver is under the age of 21, you will be arrested for DUI. It is illegal for anyone under 21 in our state to consume alcohol and the Under 21 DUI laws reflect this.
An under 21 DUI conviction can result in an automatic driver’s license suspension for six months. A young individual charged with a DUI should immediately contact a West Palm Beach DUI lawyer for legal advice regarding a serious criminal charge. The legal team at DiRenzo & Weick are experienced in DUI defense and have successfully defended many clients under the age of 21 years and charged with drunk driving.
Punishment for Under 21 DUI Offenders
Various factors can determine the severity of the punishment for DUI offenses under the age of 21. The penalties can increase depending whether open containers of alcohol were found in the vehicle or the presence of younger passengers. A case involving a traffic collision caused by DUI increases the penalties especially if it resulted in property damage, injuries or fatalities. Punishment increases with each additional DUI conviction. Typical penalties for a first time under 21 DUI includes:
- Up to $500
- Fifty hours of community service
- Maximum one year probation
- Maximum six months of imprisonment
- License revocation
- DUI school, ordered alcohol evaluation and treatment programs
The parents of an under 21 DUI are frequently the ones seeking the assistance from a defense attorney. Our DUI lawyer will work with the parents in taking action to reduce the damage to the young person’s life. It is good advice to fight a DUI charge, as a conviction will remain on an individual’s record for a lifetime. Our legal team at DiRenzo & Weick defends many under 21 DUI cases. Make an appointment today for a consultation and case evaluation with one of our qualified DUI defense lawyers.
Contact a West Palm Beach Under 21 DUI Attorney for legal defense against an Under 21 DUI charge.
Out Of State DUI
West Palm Beach Out of State DUI Attorney - West Palm Beach Attorney for Out of State DUI Arrests
Every year a multitude of tourists come to Florida to enjoy its scenery, sunshine and recreational opportunities. The situation can arise that a visitor to the state is pulled over and arrested for a DUI. You are not out of the reach of the law. You can’t go home and leave your troubles behind. Unfortunately they will follow you there and if not handled in a timely manner with the Florida courts the penalties and consequences can be greatly aggravated. Not taking care of your obligation to appear for your initial and all subsequent court dates in Florida would be just as serious as ignoring those mandated appearances at home.
Florida is one of 45 states that belong to the “Drivers License Compact”. This is a multi-state agreement to report violations to a National Drivers Register and enables every state DMV agency to have access and be notified of driving violations that take place in other states. When your DUI is recorded in Florida then your home state DMV will also be notified and will likely suspend your license as well. You must address this charge in the Florida legal system and this is best done with the help of a West Palm Beach DUI attorney that has extensive experience in handling such cases.
At DiRenzo & Weick we are well acquainted with assisting out of state residents with DUI charges. We can fully represent you in the courtroom as well as in any DMV hearings. In most cases you will never need to return for any court dates or appearances and we will be able to handle the entirety of the case on your behalf.
Your Home State DMV and Drivers License
There are only five states that do not belong to the “Drivers License Compact” which are Massachusetts, Michigan, Georgia, Wisconsin and Tennessee. All others will be notified of your DUI arrest and can likely suspend your license if not addressed correctly and in a timely manner. If you are stopped by a law enforcement officer here in West Palm Beach, they cannot seize your license but they will inform you that your driving privileges will be suspended in Florida. The timeline for handling this falls within 10 days of your DUI arrest. It is important to observe this date or you will further jeopardize your home state driving eligibility.
We have the experience and track record to fully represent you when you have been charged with a DUI and live out of state. Contact a West Palm Beach out of State DUI Attorney as soon as possible after your arrest.
West Palm Beach Commercial DUI Attorney - Help from a West Palm Beach Attorney for Commercial DUI Arrests
In Florida the standards for establishing DUI in the case of commercial vehicle operators are much more stringent than for ordinary motor vehicles. The basic DUI law under Section 316.193 states that an individual is guilty of a DUI offense if:
- The person is driving or in actual physical control of a vehicle within this state
- The person is under the influence of alcoholic beverages, any chemical substance (Section 877.111) or any controlled substance controlled (Chapter 893) when affected to the extent that the person’s normal faculties are impaired
- The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood
For an operator of a commercial vehicle the blood alcohol level is reduced by 50% to 0.04 per 100 milliliters of blood. This is a very strict standard and demonstrates the degree of seriousness with which the law and state prosecutors will pursue this offense. In fact the presence of any amount of alcohol in a commercial vehicle operator’s blood can lead to a traffic infraction under section 322.62 of the Florida Statutes.
Consequences of a Commercial DUI Conviction
If you are convicted then you will be ineligible to operate a commercial vehicle for one year. Unlike motor vehicle DUI convictions where a limited “hardship” license can be obtained there is no such allowance for the right to drive a commercial vehicle. A second conviction will lead to permanent ineligibility to operate commercial vehicles. While a West Palm Beach DUI Attorney can petition the court for a limited “hardship” license to operate a motor vehicle this will not allow you to return to work driving commercial vehicles and will effectively put you out of business.
The law is very strict in the area of DUI violations and being in physical control of a commercial vehicle. Additional penalties can include steep fines, possible jail time, community service and even drug or alcohol counseling. If you have been arrested for driving a commercial vehicle while under the influence of alcohol, drugs or a controlled substance it is important that you meet with a West Palm Beach Commercial DUI Lawyer at DiRenzo & Weick without delay.
Contact a West Palm Beach DUI Lawyer from our firm if you have a commercial license and have been charged with DUI.
DUI Manslaughter Attorney
Vehicular Manslaughter is a very Serious Crime
The charges of vehicular manslaughter are much more dangerous and frightening than any misdemeanor DUI offense. Manslaughter is defined as the killing of another person without any prior deliberation, premeditation or malice aforethought. When an individual takes the life of another as the result of driving under the influence of alcohol, drugs or a controlled substance this becomes a charge of homicide.
It is considered a second-degree felony and will result in a prison sentence in most all cases if convicted. The maximum penalty for vehicular manslaughter is a $10,000 fine and up to 15 years in prison. If the driver fled the scene then and additional charge comes into place and the offense becomes a first-degree felony. In this case a conviction can lead to a maximum of 30 years imprisonment.
Getting a Defense Lawyer for a Vehicular Manslaughter Charge
It is strongly recommended that you seek immediate aid from an experienced and proven West Palm Beach DUI attorney from a DUI defense lawyer from DiRenzo & Weick. Charges of vehicular manslaughter are of serious concern, but there are many factors to be considered in any criminal case. A knowledgeable defense attorney can help present your case in the best possible light. As this felony charge involves the death of another and caused by the operator of a vehicle, it will likely be prosecuted by one of the aggressive career prosecutors in the West Palm Beach area.
Depending upon the details of the case and the evidence, as well as the prior record of the accused, there is the possibility that sentences can be reduced, the case dismissed or an acquittal on all charges. Faulty evidence, poor police work or problems in procedures most be explored. A seasoned attorney will understand exactly what to look for, what should be challenged and how to best present the case and fight for your freedom.
The penalties for vehicular manslaughter, especially involving a DUI, are very harsh and you should contact a West Palm Beach Vehicular Manslaughter Lawyer at once to begin an aggressive defense.
Boating Under the Influence
Facing Charges of Boating Under the Influence
Florida is one of the top recreational boating states in America. We have many bodies of water as well as multiple rivers, lakes and inter-coastal waterways. A recreational boat is one of the prime pleasures and pastimes of living in our state. Operating a boat on water and not a motor vehicle on land does not negate the duty to drink responsibly while in control of any moving vehicle, including boats. Florida law enforcement will actively pursue and prosecute boating under the influence just as intently as driving under the influence. If convicted then the penalties provided under Florida State Statutes are quite similar to those for a DUI conviction.
One significant legal distinction is that an officer of the law must have reasonable cause to pull over or stop a motor vehicle. This does not hold true for BUI. The law allows officers to stop and board boats simply for the purpose of a safety inspection or to verify registration. One does not have to be boating recklessly or demonstrating impairment in order for the boat to be stopped, boarded and inspected. This puts you at heightened risk for arrest if you have been drinking while operating a boat.
Once aboard the officer can insist upon field sobriety tests. If refused then this can lead to an automatic assessment of a fine and often lead to being towed ashore for further testing. The standards for determining intoxication are the same as a DUI for blood alcohol content. If you test for a BAC of .08% or higher then you will be charged with boating under the influence. There are many possible defenses against this charge. The critical point in a case is at the inception of the case. It is extremely important that you immediately speak with an experienced and accomplished West Palm Beach DUI attorney. With years of successful experience behind us DiRenzo & Weick stands fully ready to aggressively defend your case and to ensure that your rights have fully been protected.
Penalties and Consequences of a Boating under the Influence (BUI) Conviction
The penalty will depend upon the extent of the offense, one’s prior criminal record and most importantly, if any property damage or bodily harm occurred. For a first offense the penalty be a $500 fine, but the court could order up to six months in jail. If this is a second or third offense within certain time limitations then a BUI can be treated as a felony. This would result in much steeper fines and possible years of imprisonment in a conviction. If a BUI involves the presence of a minor, bodily injury or a fatality then the consequences will include prison time if convicted.
You need strong, aggressive legal defense for BUI charges. Contact a West Palm Beach Boating under the Influence Attorney without delay.
West Palm Beach DMV Hearings Attorney - A Suspended License and DMV Hearings
When stopped on a DUI your license will be automatically suspended if either your blood alcohol content (BAC) is .08% or above or if you refused to take the test. Your license will be suspended by the DMV and you have only 10 days from the date of your DUI arrest to schedule a hearing with the DMV.
A DUI arrest means an automatic six-month to one-year suspension of your driver’s license. You must act quickly if you hope to retain the right to drive. If you fail to schedule a DMV hearing within 10 days then your right to appeal that suspension will be lost.
Most people do not realize that the DMV is the agency that will suspend your license and although not a court, a hearing still has the power to deny you the right to drive. This is independent of the criminal charge which is taken up in the justice system. It is crucial that you take advantage of the knowledge and legal skills of a West Palm Beach DUI lawyer who knows the system and understands how to best defend you. A DUI case is tried along in two places: the courtroom and in the DMV hearing process. If you want the best odds of retaining your right to drive then it is critical that a sound and strong legal defense is presented on both fronts.
What Happens at a DMV Hearing
The DMV hearing is conducted by a DMV representative who is responsible for determining whether or not your driving privileges will remain suspended or will be reinstated. The representative is both the prosecutor and judge in the hearing. They will review all written reports and police statements as well as make inquiries to the “defendant” as to the incident and any relevant information that is offered by your defense lawyer from our firm.
At DiRenzo & Weick we have found that in most cases these hearings are often based solely on written reports and in many cases can be successfully challenged. In some cases it is necessary to request the presence of the arresting officer or to question the validity of any field sobriety tests or blood test results. It is important that this hearing is treated with the same degree of legal precision and professionalism as a courtroom trial is. Your right to drive and your future quality of life is at stake and this is taken seriously by our team.
If you have been arrested on a DUI charge then you only have a brief opportunity to question your automatic suspension. Contact a West Palm Beach DMV Hearing Attorney for a consultation and representation.
DUI Arrests and Blood Tests
Under Florida State Statues in Section 316.193 the offense of driving under the influence is determined by either a blood test and/or by the impairment of normal faculties. The legal limit for a blood alcohol content is .08% and above. In the field these two factors are most often determined by a breath test and field sobriety tests. In some cases, a blood test is required, particularly in cases in which there is a suspicion of drug intoxication.
As with most areas of the law this is not a straightforward matter. There are a number of rules, regulations and interpretations that can be involved in the matter of blood tests, how they were taken, and possibilities of challenging their validity. An experienced and accomplished West Palm Beach DUI lawyer is well versed in every aspect of this area of the law and will understand how to best proceed in handling your defense with regard to blood test evidence.
As a driver you should understand that under Florida’s “Implied Consent Law” you have given permission for samples of your blood, breath and/or urine to be tested if suspected of DUI. This is integrated into your acceptance of a driver’s license and the privilege of driving a car. You can refuse to take a blood test but this will result in an automatic suspension of your license for one year in a first refusal. Second and subsequent refusals will lead to longer suspensions and can be charged as misdemeanors. Keep in mind that a refusal will not avoid a DUI trial and that your fact of refusing a blood, urine or breath test will be admissible in any DUI proceedings.
In the case of a DUI involving serious bodily injury or death the law does not permit you to refuse a test. Our state laws allow for the use of reasonable force by police officials for the withdrawal of blood. In the case of unconsciousness consent to a blood test is assumed and permissible. In all cases where blood is withdrawn such actions can only be carried out by authorized medical personnel.
The Validity of Blood and Field Tests
A significant part of our job at DiRenzo & Weick is to closely examine and question every aspect of your DUI arrest. There are two main areas that we will immediately inspect for irregularities, violations of your rights and weaknesses in the blood or breath test evidence. These possible areas for the defense includes whether or not the officer had reasonable cause to stop you, and validity of any blood, breath or urine tests that were administered.
These tests have been determined to be inadmissible in many DUI cases when the testing was improperly administered or the lab results successfully challenged. Having defended numerous clients against such charges, we know exactly what to look for, what to question and how to present this data in court to defend you. We have successfully challenged blood test evidence and achieved a dismissal of charges for clients who face DUI charges.
Get help from an experienced legal team for your DUI defense. Contact a West Palm Beach DUI Blood Test Attorney without delay as these cases must be acted upon quickly.
Breath Test Refusal
DUI and Refusing a Breath Test
In Section 316.1932 of the Florida State Statutes it states that:
“Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including…test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath…”
This part of our state law is called “implied consent”. By accepting a driver’s license you also are agreeing to the police’s right to test your breath, blood or urine for the presence of alcohol, drugs or controlled substances while operating or in physical control of a vehicle. If you refuse to take a test then the law states that your license will be suspended for the period of one year for a first refusal and a period of eighteen months for second and subsequent refusals. Additionally, if there has been a prior refusal then this current refusal will be charged as a misdemeanor. The law also states that the refusal to submit to a test when requested to do so by law enforcement officers can be used as admissible evidence in any DUI proceedings.
The suspension of your license is actually carried out by the Florida DMV. Often one is able to schedule a DMV hearing to get a license reinstated if done within 10 days of the DUI arrest. Refusing a breath test can actually work very heavily against you in these hearings. The DMV hearing representative is likely to deny reinstatement in the case of a test refusal. In these situations it is very important to have skilled legal representation from a West Palm Beach DUI attorney as you will need a solid presentation in this situation. With skillful address to your case it may be possible to avoid the loss of your license if procedural errors in the arrest, or failure to have probable cause can be proven.
How Accurate are Breath Tests and Breathalyzers?
There is tremendous controversy over the accuracy of breathalyzers and their use in the field. The issues are with how often and recently the devices have been tested and calibrated for accuracy. There are also significant issues regarding the procedure in administrating the test. There have been a number of studies done to determine the accuracy of these devices in use and research has demonstrated a high level of deviation when measured against actual blood alcohol content.
There is a strong body of evidence to indicate that the results can show a variance as of 15% or more from actual Blood Alcohol Concentration (BAC). Other studies have indicated that as many as one out of four tested will read higher than their true BAC. At DiRenzo & Weick we have years of experience and familiarity in challenging the legality and validity of these tests.
Contact a West Palm Beach DUI Breath Test Refusal Attorney to fight aggressively for your defense against DUI charges.
Field Sobriety Tests
Field Sobriety Tests and DUI Arrests in West Palm Beach
There are several key components to a DUI arrest. In brief these are:
- A reasonable cause for being stopped or pulled over. The law is based upon the constitutional right for protection against unreasonable searches. Even the practice of setting up roadblocks near clubs or along highways as a “net” to catch drunk drivers has come under many legal challenges. The law is clear that law enforcement officers must have just cause to pull a driver over. Just cause could be indications of impairment but it could also be vehicle code violations such as a burnt out light. The fundamental point is that the police should have a reason for initiating the action.
- Actual tests such as of blood, breath and urine for the presence of alcohol, controlled substances or drugs. The police will be looking for a blood alcohol content level of 0.08 or above in order to charge you with a DUI.
- “Field Sobriety Tests” which are done to test for any impairment of mental or physical faculties. The most familiar are such as walking a straight line and executing a turn or closing one’s eyes, leaning your head back and touching your nose. An officer may also test for the ability for the eyes to track smoothly and ask for mental exercises to be performed.
The area of field sobriety tests can be highly arbitrary and is one of the most commonly challenged in court. The results can be tainted by improper administration and the subjective aspect of the tests themselves. Often there are physical conditions that can cause an individual to fail the tests, completely unrelated to any form of alcoholic intake.
A West Palm Beach DUI lawyer will be very familiar with the weaknesses in these tests and how to use any improprieties to effectively invalidate the evidence. In many cases we have represented at DiRenzo & Weick we have been able to get charges reduced or dismissed entirely based upon faulty or poor police evidence or procedures.
Are Field Tests Legally Admissible?
The problem with many of these tests is that the evidence is subjective and is based entirely upon the officer’s observation and subsequent report. How the test is administered and exactly what the results were can often be found to have been reported poorly and could be dismissed as valid evidence.
The law is based upon the fundamental concept of being innocent until proven guilty. The quality of the evidence must meet certain standards or risk being rejected. We expose the weaknesses in any field sobriety test evidence and could aggressively cross examine the law enforcement officers who administered for those accused of DUI. If you have been arrested on a DUI then every aspect of your case should be closely examined by an experienced DUI defense lawyer from our firm.
Contact a West Palm Beach DUI Attorney for help in building an aggressive defense against the charges you are facing.
West Palm Beach DUI Accident AttorneyA DUI involving an Accident
A DUI charge includes being pulled over by the police, based upon a reasonable cause to do so, and being tested for the presence of alcohol, drugs or controlled substances. If the BAC (Blood Alcohol Content) is .08% or higher or an observable impairment of faculties is present then you will be charged with a DUI and your license will be automatically suspended.
If an accident has taken place, then this becomes an even more serious legal situation for you. It is far more dangerous to have been involved in an accident in DUI cases than to simply have been physical control of a vehicle. The Florida Law on this subject states in Section 316.913 the following:
When a person is under the influence of alcoholic beverages, chemical substances or controlled substances to the extent that the person’s normal faculties are impaired or a BAC of 0.08 and higher and that person a) operates a vehicle and b) by reason of such operation causes or contributes to causing damage to the property or person of another they commit a misdemeanor of the first degree.
A DUI that also involves an accident and damage will be treated much more harshly by state prosecutors. The possibility of receiving the maximum sentencing increases, and every effort should be made to hire an experienced West Palm Beach DUI lawyer for your defense.
Taking Action to Defend against DUI Charges
There are many actions that DiRenzo & Weick can take in your defense. We are seasoned and professional lawyers with a long track record in the practice of DUI defense. The fact of being arrested in a DUI case involving an accident does not mean that you will be found guilty. There are many aspects of these charges and the evidence involved that should be examined and challenged. We seek to get a dismissed charge, acquittal, reduced charge or alternative sentencing for our clients.
To better understand your case and explain the various options and strategies available it is best to contact a West Palm Beach DUI Accident Lawyer for a complimentary initial consultation.
West Palm Beach DUI Expungement Attorney
Many of us have had a DUI conviction in the past, sometimes years ago. Nonetheless, the conviction sits on our criminal record for any potential employer to find should they do a background check. Even when the conviction is years ago, you will have this conviction on your record – they do not disappear over time. In order to clean your record, there is a legal action you can take to expunge the conviction. This will seal the conviction and make it inaccessible to those who are doing a background check for any purpose, whether potential employer, business partners or other purpose. We at DiRenzo & Weick are very familiar with DUI expungements and can assist those who want to clean their record.
DUI Expungements in West Palm Beach
An error in judgment in the past should not haunt you for the rest of your life, and expungement allows you to have your criminal record reflect your current situation. Those who have led a law-abiding life since the conviction have the opportunity to get the conviction off their record. If they are later arrested for DUI, the file can once again be exposed to the prosecutor.
The requirements for an expungement include that you have no outstanding criminal charges, have fulfilled all the requirements of your DUI conviction, including alcohol classes, fines paid, as well as probation requirements fulfilled. We can assist you in getting your criminal record cleaned of DUI conviction. This procedure is well worth the effort, as the DUI conviction can have a very detrimental effect on those who are seeking employment. Many have been passed over due to a DUI conviction on their criminal record, even when years in the past, as the potential employer, business partner or other person immediately feels that the individual involved could have an alcohol problem and may choose another person based on that information.
Contact a West Palm Beach DUI Expungement Lawyer from DiRenzo & Weick today.
Unlawful Police Stops
Unlawful Police Stop in Fort LauderdaleFt. Lauderdale DUI Attorney
A police officer cannot stop a vehicle without cause. Under the Fourth Amendment to the United States Constitution, you are protected against unreasonable searches and seizures. If we can establish the initial stop of your vehicle was unlawful, your entire case can be dismissed. If you have been stopped under questionable circumstances, you are urged to contact a Fort Lauderdale DUI lawyer to assist you in your defense.
In a DUI case, most people come into contact with the police as a result of a traffic stop. In order to make a valid traffic stop, law enforcement must have probable cause to believe that you have committed a traffic infraction or a reasonable suspicion that you have committed a crime. Traffic infraction are things like speeding, running a red light, or driving without headlights. Many traffic stops involving possibly impaired drivers are based on weaving, drifting, or failing to maintain your lane of travel. These stops can often be challenged depending upon what law enforcement witnesses.
If you believe your vehicle was stopped unlawfully, call the lawyers at DiRenzo Defense to determine if we can get your case DISMISSED based on an unlawful traffic stop. If the traffic stop was unlawful, all evidence gathered after the stop will be thrown out.
Some common traffic stops we deal with on a daily basis:
- Weaving, drifting, or swerving
- Failure to maintain a single lane
- Careless driving
- Reckless driving
- Driving without headlights
- Running a stop sign or red light
- Almost striking a curb or median
- Driving too slow
- Wide turns
- within your lane?
It will take a strong and determined DUI attorney to investigate the stop of your vehicle and attempt to get your charges dismissed. We have ad experience in dealing with nearly every type of traffic stop. Call us to determine if your vehicle was legally stopped.
The police in Ft. Lauderdale from time to time set up Sobriety Checkpoints where they randomly stop drivers and check for DUI. They often do this on holidays such as New Year’s Eve or times when students gather for parties. As discussed above, a police officer can not stop a vehicle without cause. However, Florida courts have upheld these stops so long as law enforcements follows certain rules. The police MUST have prewritten guidelines that law out the steps to follow at these checkpoints. If these guidelines do not conform to the law, your case may be dismissed.
DUI Lawyer in Ft. Lauderdale
We at DiRenzo Defense energetically defend the rights of clients in Fort Lauderdale, Florida from unlawful police stops. Where clients’ Constitutional rights have been violated we relentlessly insist that all evidence of DUI or other criminal activity be suppressed. We have helped many clients beat DUI charges and defend their driver’s licenses from suspension or revocation.
If you are facing the consequences of what you believe was an unlawful stop, we urge you to contact us immediately. You have only ten days from the time of a DUI arrest to appeal suspension of your license.
Contact a Ft. Lauderdale DUI Attorney for a free consultation about illegal police stops.
West Palm Beach DUI Checkpoints Attorney - About Sobriety Checkpoints and DUI Law
In the state of Florida, between 15-20 sobriety checkpoints are carried out each month. A sobriety checkpoint is a type of roadblock established by law enforcement. Many states do not set up sobriety checkpoints because it has been determined to be unconstitutional, but this is not the case in Florida. The purpose of sobriety checkpoints in the eyes of the law is twofold. The first purpose is to get drunk drivers off the road so that others are not harmed, and secondly, to arrest those that have been drinking and driving.
If you have been arrested after being stopped at a sobriety checkpoint, our legal team is prepared to evaluate your case and advise you of your options for a defense. We have helped countless clients reduce or eliminate their charges by building a strong defense case in their name. By speaking with a West Palm Beach DUI Attorney today, you can discover whether or not your sobriety checkpoint arrest was carried out lawfully. We are highly experienced attorneys ready to fight aggressively against our client’s charges. Our lead attorney has spent years fighting DUI charges and was the youngest attorney ever to become the chief prosecutor in Lima, Ohio. This kind of experience can greatly affect the outcome of your case. With over 16 years of experience in criminal defense, we can start assisting you today.
Sobriety Checkpoint Lawyer Serving West Palm Beach
At DiRenzo & Weick, we understand what you have at stake, the DUI penalties, and will immediately get into action to find a defense that could help you avoid serious penalties. The state of Florida is extremely hard on those convicted of DUIs, even first-time offenders. You could be facing impoundment of your vehicle, license suspension, probation, mandatory alcohol abuse programs, jail time, and a permanent criminal record. Don’t let this happen to you, our attorneys are standing by to speak with you immediately.
Contact a West Palm Beach Sobriety Checkpoint Attorney from the firm today.
West Palm Beach DUI Penalties - DUI Penalties and your Defense
If you are facing DUI penalties in the state of Florida, you should seek legal help immediately. Florida has harsh penalties on those convicted of DUIs in an effort to deter drinking and driving. There are a number of successful defenses that could be employed to avoid DUI penalties. Law enforcement is not perfect and the equipment they use to administer breath and blood tests is can be challenged in some cases. The blood test could have been administered incorrectly, or the breath testing device calibrated incorrectly. Speak with a West Palm Beach DUI Attorney from the firm today to discover your options. Our lead attorney has been fighting DUI charges for over 16 years.
When enlisting the assistance of an attorney from our firm, you will have the advantage of having a former prosecutor as our lead attorney. He understands the case from both sides and takes action to stay one step ahead of the prosecutor. If you are facing any type of DUI charge, even a first-time offense, it is crucial to speak with an attorney as soon after your arrest as possible.
West Palm Beach DUI Attorney
For a first time DUI conviction in the state of Florida you will face the following penalties:
- A fine of $250-$500
- 50 hours of community service
- Up to six months in jail
- Probation of up to one year
- Minimum license suspension of 180 days
- 12 hours of DUI School
If aggravating factors are present such as a minor in the vehicle at the time of the DUI, you could be facing up to 9 months in prison as well as when you get out, the installation of an ignition interlock device – after a long license suspension and vehicle impoundment. Do not hesitate to speak with one of our attorneys today. With skilled legal help could be possible to avoid many or all of these penalties. Many of our clients are able to avoid a criminal conviction and walk free, without the repercussions that a conviction could bring.
Contact a West Palm Beach DUI Attorney today to avoid serious penalties.
DUI’s Involving Drugs
West Palm Beach DUID Attorney - Have you been arrested for a DUID?
Many people are aware of the life-altering penalties that can be brought against them for a DUI charge. Less well known, however, may be the negative ramifications a DUID (driving under the influence of drugs) charge can bring. The rules and regulations involving driving under the influence of drugs charges are not as well defined and DUI laws. A conviction on a DUID is dangerous, and you can be benefited by immediately contacting a West Palm Beach DUI attorney. We have helped many clients to overcome serious DUID penalties.
There is no law that states the exact amount of a drug that is considered unlawful to have in your body while driving. In addition, one amount of one drug may affect someone else differently than it affects you. Our firm will conduct a thorough investigation into every driving under the influence of drugs case it takes on. In some cases, there was not “probable cause” to pull someone over. In such a case, the charges may be deemed unconstitutional and the evidence will not be allowed in court. There are many defenses that help those that have been wrongfully convicted prevail. Without the help of a skilled attorney you may never know what these defenses are let alone how much they could have assisted you with your case.
DUI and Drugs Lawyer Serving West Palm Beach
Our firm has over 16 years of experience defending those who have been charged with a DUI. Our lead attorney is highly knowledgeable in DUI law and has experience as a prosecutor as well. By utilizing this experience, we are able to help many of our clients obtain a positive case outcome. If you have been arrested for a DUI, please speak with one of our attorneys immediately.
Contact a West Palm DUI and Drugs Attorney from the firm today.
West Palm Beach Felony DUI Attorney - About Felony DUI Charges
There are a number of reasons why a DUI may be charged as a felony. Generally, a DUI is a misdemeanor charge and while the penalties are still severe, it is not as extreme as a felony charge. Multiple DUIs, vehicular manslaughter, and DUIs with injury can all result in a felony DUI charge. A West Palm Beach DUI attorney can help those that are worried about the life-altering penalties that can be brought against them for a felony DUI. Our lead attorney has over 16 years of experience as a criminal defense attorney and before that was the youngest prosecutor ever in Lima, Ohio. Understanding how to prosecute and defend DUIs is a great advantage to anyone that has been charged with a felony DUI.
Our firm understands how much our clients have at stake when they are charged with a felony DUI and do everything in their power to challenge these charges. Law enforcement makes mistakes. The equipment they use to test the BAC level of the defendant is often used wrongly or is subject to errors. In many instances, a Breathalyzer test was found to be inaccurate. Even blood tests can be wrongly administered or mishandled in the lab. Without evidence of a high BAC level, the prosecution may have a difficult time convicting you.
Felony DUI Lawyer in West Palm Beach
At DiRenzo & Weick, we have handled all types of DUI cases and secured positive results for even the most complex case. We understand that not everyone arrested for a Felony DUI is guilty of driving under the influence. The experience and knowledge of the attorney you hire will make all the difference in your case. We can investigate the evidence related to your case and may be able to get your charges dismissed, an acquittal or the charges or greatly reduced.
Contact a West Palm Felony DUI Attorney today to discover your best course of action.
First Time DUI
West Palm Beach First Time DUI AttorneyAbout First Time DUIs
If you have recently been arrested for a first DUI offense, a West Palm Beach DUI lawyer may be able to assist you with getting your charges dropped or in avoiding jail time. In some cases there is a strong option to defend the case and get an acquittal, based upon the evidence in the case. Without the help of an attorney, you are laying yourself open to jail time, fines, community service, a permanent criminal record, probation, alcohol classes, and a suspended license. This is true even if it is your first DUI offense.
The penalties in the state of Florida are supposed to deter drunk drivers. These DUI penalties can be extremely severe and difficult to deal with. Some of them can even affect the rest of your life. Many people that have no criminal history find themselves faced with a DUI charge. We understand how embarrassing and stressful it can be to get involved in the criminal justice system.
Thankfully, we have been able to help many get their charges severely lessened or dropped. We are often able to get charges dismissed by utilizing skilled defense tools that demonstrate to the court why the defendant should not be charged with a DUI. Our firm has over 16 years of experience and our lead attorney has served as both a prosecutor and defense attorney. This gives clients the added benefit of having someone on their side that understands how to prosecute and defend their case.
First Time DUI Lawyer Serving West Palm Beach
Another defense strategy has to do with the evidence that the prosecution will bring against you. It is not uncommon for the equipment that is used to test the BAC level of the defendant to be faulty and unreliable. Many feel that the technology the Breathalyzer test is based on is too unpredictable to give an accurate reading. Other times, the officer involved did not administer the test properly, therefore voiding the results. We aggressively challenge the prosecutor’s evidence and fight for our clients future and freedom in first time DUI charges.
Contact a West Palm Beach First Time DUI Attorney today if you have recently been arrested for a DUI.
West Palm Beach DUI Appeals Attorney
A West Palm Beach DUI attorney should be contacted immediately if you feel for any reason that an appeal is in order regarding your DUI charge. In some instances, the evidence was not fully explored or some other element of the case was handled wrongfully. Sometimes, important evidence is overlooked and the defendant is not given a fair trial.
A highly skilled attorney from our firm can help you to understand whether a DUI appeal is right for you. We can review your case and advise you on your best course of action. For many, the best course of action is, in fact, an appeal. If you are considering filing a petition for an appeal, time is of the essence. Please call our firm today so that we can assist you.
DUI Appeal Lawyer in West Palm Beach
There is a lot of preparation that must go into filing a petition for an appeal. An attorney can ensure that your petition is done properly and improve your chances of securing an appeal. We will thoroughly review your charges and the procedure of the case in order to discern whether or not there is a possibility of an unfair trial.
At DiRenzo & Weick, we have helped countless clients get their DUI charges dismissed or reduced or gotten an acquittal in court. In the case of those that did not receive a fair trial and justice was not served, we have assisted them with a DUI appeal. We are dedicated to upholding the rights of our clients and fight against any unfair treatment or violation of the constitution. The court will base its decision to grant an appeal based on the information your attorney provides. To find out how we have helped many to rid themselves of unfair charges, please call today.
Contact a West Palm Beach DUI Appeals Attorney today.
BAC (Blood Alcohol Content)
BAC (Blood Alcohol Content)West Palm Beach DUI Attorney
Just because your breath test came back registering .08% or higher, it does not mean that the officer administering it did it correctly. In many cases it is determined through fast defense action that the breath test equipment was not faulty. A skilled West Palm Beach DUI lawyer may be able to help you get your case dismissed or reduced to a lesser charge. In some cases, BAC level found in the breath tests adds additional penalties to the charge. In such an instance, a skilled DUI attorney may be able to prove that the test was administered incorrectly and the results questionable.
Many scientific experts do not agree with a Breathalyzer or Intoxylizer test being administered as a way to test the level of alcohol in the blood due to the fact that it is unpredictable. Much of the prosecution’s case is riding on the breath test results, if it is demonstrated that they cannot be relied upon, your charges could possibly be dismissed or greatly reduced. Please speak with one of our attorneys immediately if you have recently been arrested for a DUI.
West Palm Beach DUI Lawyer
There are a number of reasons why a breath test can be inaccurate including:
- The breath test machine is not properly calibrated
- Body temperature fluctuations due to an illness or menstruation
- Medical conditions including acid reflux which can cause a false high reading
- Dental work interfering with the reading
- Blood in the mouth affecting reading
- Temperature outside affecting reading
As you can see, there are a number of reasons why a breath test can be inaccurate. We have helped countless clients challenge their charges successfully and may be able to start assisting you today. With over 16 years of experience in criminal defense, we bring our extensive knowledge and background to every case we handle.
Contact a West Palm Beach DUI Attorney today for information about how BAC can affect your case.
Fort Lauderdale Vehicle Impoundment
A vehicle impoundment is ordered on every DUI conviction in the State of Florida. The length can range from 10 to 90 days. In certain circumstances, this impoundment can be waived by the Court. The best way to avoid DUI penalties is to get the assistance of a Ft. Lauderdale DUI attorney to fight your case for you. Our legal team has a long record of success in defending clients charged with DUI.
DUI Lawyer in Ft. Lauderdale
Vehicle impoundment or immobilization is done at the owner’s expense. This does not mean you must pay a tow truck driver to tow your car away to an impound lot. There are local businesses which will come to your location and put a boot on your car or a club on your steering wheel. The device must stay on the car for the mandated period of time.
You will then be given a document certifying this requirement has been completed which you can give to your probation officer. Impoundment may be avoided under some circumstances. If the vehicle is driven by a family member to go to and from work or if the vehicle is used by an employee of the owner or the owner’s business the judge may waive it. In this case, we will request a waiver at the time of sentencing.
Each DUI arrest case is unique and as such requires skillful investigation and defense preparation. The talented legal team at our firm has years of experience in helping Fort Lauderdale area clients avoid DUI conviction and penalties. For answers to you questions and to begin preparing your defense to discuss the circumstances of your arrest with an experienced DUI lawyer at DiRenzo Defense.
Contact a Ft. Lauderdale DUI Attorney when you face vehicle impoundment after a DUI arrest.
Ignition Interlock Devices
Fort Lauderdale Ignition Interlock Devices - Defending DUI Cases in Ft. Lauderdale
In many DUI convictions, the court will mandate installation of an IID (Ignition Interlock Device) in each vehicle owned by the convicted person once the suspension period has ended. The IID is connected to the ignition and will prevent the vehicle from starting if the presence of alcohol is detected. The IID is like a breathalyzer test. The driver must blow into it and have an alcohol reading less than the device is set to. Depending upon the requirement the device can be set to a reading of such as 0.0, or 0.02.
The device will be required for the duration of the sentence and your driving license will have a “P” to indicate this requirement. Upon completion of a sentence the DHSMV will remove this designation from your permit. A Ft. Lauderdale DUI lawyer with our firm has the expertise needed to mount an effective defense for a client facing a conviction of DUI.
On the whole these devices have been effective in preventing convicted drivers from reoffending while attached to a vehicle, but may not always be precise in their readings which can be a problem. Additionally there is no control on whether the driver or another person blows into it so this test is fairly easy to bypass. It is crucial that you contact a DUI defense lawyer from DiRenzo Defense for a consultation when facing any DUI accusations. The sooner you call us, the more quickly we will get into action to fight to resolve your case.
You Only Have 10 Days
In Florida, you have only 10 days to request an Administrative Hearing with the DHSMV to contest the suspension of your license or request a hardship license if you are eligable. If you do not request the hearing or do not appear, your license will automatically be suspended for at least six months if you provided a breath test above the legal limit of .08 or at least 1 year if you refused to provide a breath test. You should speak to a Fort Lauderdale criminal law defense lawyer at Direnzo Defense immediately following your arrest. We can help you make the decision between a hardship license or an administrative hearing and assist in filing the correct paperwork for each.
We are dedicated to representing our clients who have been charged with a DUI or DWI and work hard at preventing them from being unnecessarily penalized or charged on insufficient evidence or testimony. Officers must have either a reasonable suspicion or probable cause to stop your vehicle. They have a duty to gather and collect evidence that can be helpful for both the prosecution and defense, not just evidence that will help their side. In most cases, a video must be utilized. If a video was available and not utilized, you case can be dismissed. Our firm will review the procedures taken during and after your arrest to determine whether any mistakes were made that can result in your charges being dropped or reduced. We take an aggressive approach and will challenge the charges made against you with years of experience in successfully beating DUI charges in court. If you are facing a DUI charge, you may be frightened and not know what to do next. The DUI defense attorneys at Direnzo Defense in West Palm Beach and Fort Lauderdale, Florida have a former prosecutor on their team. As such, we understand the tactics prosecutors use to get a conviction. In many cases, individuals facing repeat DUI charges need treatment, not criminal convictions that could further impact their lives negatively. Our firm can fight for your well-being, your freedom, and your future.
Get Aggressive Defense for Your DUI Case in Fort Lauderdale, Florida
Our lawyers are trained in the use of BAC testing and the equipment that is used. Officers may need to calibrate or maintain this equipment in proper working order in order to secure accurate test results. We understand the limits and inconsistent results that can be obtained with such tests. They are also very familiar with the field sobriety tests that are used to establish physical impairment. Such tests do not establish what the source of the impairment is and overlook many conditions having nothing to do with alcohol or drug use. Poor performance on FSE’s can result from injuries, medical conditions, being scared, being tired, or other conditions beyond your control. We understand where field sobriety tests can fail. As such, we’ll take a look at the evidence against you to find gaps in the evidence.
When you contact us for your initial consultation, we will review the circumstances of your DUI and advise you on your rights and legal options. We will assist you in maintaining your driving privileges and defend you aggressively in court to get your charges dismissed or reduced. If you have been charged with drunk driving, contact a Fort Lauderdale DUI Attorney immediately to protect your rights and driving privileges. Direnzo Defense are Fort Lauderdale, Florida DUI defense lawyers who understand how crucial your case is for your future and your life. While the law has immense powers in gathering evidence and charging individuals for DUIs, it is important to remember that you are innocent until proven guilty. We care and can help.