Driving Under The Influence WPB (Non-Diversion Cases)

In Florida, it is illegal to operate a motor vehicle, motorcycle, scooter, or bicycle with a .08 or greater blood alcohol content. Penalties for Driving Under the Influence of drugs and/or alcohol are based on several factors. One major factor is whether this is your First DUI or if you have had others.

A first DUI arrest is much less severe than that of a person that has had multiple DUI cases. An initial DUI charge may be eligible for DUI Diversion. Depending on the county you are arrested in, for a first DUI, you may be eligible for a DUI Diversion program. Each Florida county has different requirements and not all first-time DUI cases are eligible for diversion. In Palm Beach County DUI diversion cases, the defendant cannot have a breath over 2.0 or have a DUI with property damage.

A first-time DUI can happen to anyone. As a result, our law office has represented individuals from all walks of life in their first DUI arrest. We have represented college students, teachers, nurses, doctors, lawyers, truck drivers, and anyone that police allege to have had one too many alcoholic drinks.

Retaining an experienced DUI attorney, that is also a NHTSA instructor can be the difference in your first-time DUI case. The end result is important as anyone charged with a first DUI should request that their DUI defense attorney do what is possible to dismiss or reduce the charge.

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DUI attorney, Roger P. Foley, is an experienced DUI defense attorney. Hiring an experienced DUI attorney means that your attorney can guide you from beginning to end. Once arrested for DUI, assuming your breath alcohol content is .08 or higher or if you refused to submit to a breath, urine, or blood test, your driver’s license is confiscated. After bonding out, you leave jail with a dui citation and no drivers’ license. The dui citation acts as your drivers’ license for 10 days. That means you have ten (10) days to apply for an administrative hearing, also known as a formal review hearing, Florida Department of Highway Safety and Motor Vehicle, DMV for short, or request a waiver for your business purpose only license, also known as a Hardship license.

The Law Office of Roger P. Foley represents individuals alleged to have been DUI throughout the state of Florida. Mr. Foley’s law office is in West Palm Beach with a second office in Fort Lauderdale. If you are looking for an exceptional criminal defense attorney, that takes pride in his work then you are in the right place. Mr. Foley has taken all the same courses taught to law enforcement and has gone a step further; DUI Defense Attorney Roger P. Foley is a NHTSA instructor. Why become NHTSA instructor? Judges, prosecutor and juries rely on the training given to police officers, so your DUI attorney needs to know their level of knowledge and where they learned it. Having these credentials proves important during depositions, motions to suppress and trial and of course negotiations. Call (561) 746-7076 to schedule a consultation with the Law Office of Roger P. Foley.

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Florida Statute § 316.193 describes the penalties for a first DUI. Florida has mandatory minimum requirements for DUI charges. A first time DUI has the following penalties:

1. Facing a maximum of Six (6) months Jail,
   Facing a maximum of (9) months jail if minor (child under 18 years of age) in vehicle or Blood Alcohol Content (BAC) over .15
2. $500 minimum fine for first dui conviction up to $1000.
   If BAC over .15 then enhanced fine is $1000 minimum and $2000 maximum
3. Ignition Interlock Device may be imposed for a first-time dui conviction.
   If BAC is over .15 then six (6) months mandatory install.
4. Vehicle Immobilization ten (10) day minimum up to thirty (30) days maximum. Can be waived by court if family vehicle and would cause a hardship or if defendant does not own vehicle.
5. Driver License Suspension/Revocation for mandatory minimum of six (6) months.
6. DUI School requiring twelve (12) hours is mandatory along with drug and alcohol evaluation with any recommended treatment.
7. Fifty (50) Community service hours at a minimum. Court may allow buy out at statutory rate of $10 per hour.

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If convicted of a first DUI, your license to operate a motor vehicle will suspended/revoked for a minimum of six (6) months. You may be eligible for a hardship or business purposes only driver’s license during that time. You must contact a DUI school in your area and complete the course. Additionally, you will be required to acquire FR 44 insurance. See Florida Statute 324.023. Once your DUI school is completed and you have purchased FR 44 insurance, contact a Florida DMV to receive a Hardship or Business Purposes Only License that allows you to drive for these purposes: work/school, medical appointments, religious services and the necessities of life, For example, grocery store.

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If accused of DUI in Broward County, the Law Office of Roger P. Foley is available to assist you and fight your DUI. Broward does not have a DUI Diversion program and Mr. Foley has been a fixture in the Broward county Court House for his sixteen years of practice. When diversion does not exist, you need a dui attorney that knows the law, knows the procedures used by police and is an actual NHTSA instructor for DUI. Mr. Foley’s experience and knowledge of DUI can be extremely helpful to a successful defense. Do not hesitate to call the Law Office of Roger P. Foley. We are here to help you fight your DUI case.

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Looking for a DUI Lawyer in Martin County, Florida for your first DUI arrest. The Law Office of Roger P. Foley represents individuals charged with a first DUI in Stuart, Florida. Roger P. Foley is a member of the National College of DUI Defense and is a National Highway Traffic Safety Administration, NHTSA, DUI instructor. Lawyer Foley sought to have an increased knowledge so he took the same courses that are given to police officers in the police academy for DUI. He then completed the advanced course for DUI, ARIDE, and then went a step further and became an NHTSA instructor for DUI so that he knew exactly how law enforcement are trained. Understanding the DUI training given to law enforcement allows a Florida DUI defense lawyer to hold police to the standard provided in their training. Being a DUI Defense lawyer is not about getting drunk or impaired drivers off in Stuart, Florida but rather holding officers accountable. Society requires police to be properly trained so that legitimate DUI enforcement occurs. Problems arise when officers rely on factors outside their proper training, making them subjective rather than objective standards. NHTSA conducted scientific studies to ensure that officers make DUI arrests based on scientifically objective standards.

Attorneys around the country will need to expand their knowledge of DUI so that the standard is followed and only legitimate offenders are arrested and prosecuted. Having the combination of legal training and practical law enforcement training are necessary in today’s DUI Defense. If you have a first-time DUI arrest in Martin County, FL then consider calling the Law Office of Roger P. Foley at (561) 746-7076.

If arrested for DUI in Palm Beach County, Florida, you will be taken to jail and held for a minimum of eight (8) hours.

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