DUI Defense Representation in Florida
Defender Donahue Law PLLC represents clients accused of driving under the influence (DUI). If you are facing a DUI in Palm Beach County, contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular case. To schedule a free and confidential consultation, call my cell phone (561) 888-0113, send me an email Patrick@DefenderD.com, or use our Contact Form.
Why should I hire Defender Donahue Law PLLC for my Florida DUI?
- You will be able to contact me directly. You can call or text my personal cellphone anytime at (561) 888-0113.
- When you hire me, you get me. At no time will you be passed off to an associate junior lawyer, a paralegal, or a law school intern.
- I have handled over 1,000 criminal cases. I represented clients in crimes ranging from misdemeanors and DUI’s to first-degree felonies. I aggressively defend my client’s rights, which has resulted in dropped charges, favorable plea deals, and numerous “not guilty” trial verdicts. This information is verifiable through County Clerk of Court records.
- Affordable alternative to a Public Defender. I accept all major credit cards and have flexible payment plans.
In Florida, what is considered a DUI?
Under Florida law, driving under the influence is defined under Fla. Stat. § 316.193 as:
- The person is driving or in actual physical control of a vehicle within this state and:
- The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.11, or any substance controlled under chapter 893,
In Florida, what does “driving or in actual physical control” mean?
Actual physical control of a vehicle means the person must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether the person is actually operating the vehicle at the time.
What does “under the influence” mean under Florida law?
- When affected to the extent that the person’s normal faculties are impaired; or
- The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
- The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
What does “normal faculties are impaired” mean under Florida law?
Under § 316.1934(1), Fla. Stat., “Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
“Impaired” means diminished in some material respect. Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001).
What is considered a “vehicle” in Florida?
“Vehicle” is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway.
What happens if I am convicted of a DUI in Florida?
Penalties depend on the facts of your case, your criminal history, and the offense charged. Generally, under § 316.193, Fla. Stat., possible penalties include:
- Jail
- Probation
- Court Costs and Fines
- License Revocation
- Ignition Interlock Device
- Vehicle Impoundment
- Community Service
- DUI School
- Court Ordered Classes
- Restitution
