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DUI

West Palm Beach DUI Lawyers: Former Prosecutors Fighting for you!

Driving under the Influence is one of the most common types of crimes committed in Florida. According to the State of Florida, there were approximately 61,852 DUI arrests in the state in 2013. What separates DUI from the other common crimes committed is, IT CAN HAPPEN TO ANYONE. A DUI ON YOUR CRIMINAL RECORD WILL SIGNIFICANTLY IMPACT YOUR LIFE. A criminal conviction on your record may affect your ability to obtain future employment, it may significantly impact your car insurance rates, and you will carry the title of being a convicted criminal for the rest of your life.

HAVE A FORMER PROSECUTOR IN YOUR CORNER

The attorneys of Prestia|Holtz P.A. are former prosecutors who understand how the government thinks. Contact us to set up a free consultation where we will discuss your particular case with you individually. We will be able to answer any questions you may have, advise you of your rights, and discuss what legal strategies will be most beneficial given your individual fact scenario.

How do I know if I was DUI?

In Florida it is unlawful for a person who is under the influence of alcoholic beverages or controlled substance to operate, or be in actual physical control of, a motor vehicle when that person’s normal faculties are impaired. Florida Statute §316.1934(1)

What are normal faculties?

“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, normally perform the many mental and physical acts of daily life.” Florida Statute §316.1934(1)

What is the legal limit?

In Florida, the law creates certain presumptions that correlate to the blood-alcohol level or breath-alcohol levels. Pursuant to Florida Statute §316.1934:

1) If your blood or breath alcohol level is 0.05 or less:
a. It is presumed that you are not under the influence of alcoholic beverages to the extent that your normal faculties are impaired.

2) If your blood or breath alcohol level is in excess of 0.05 but less than 0.08:
a. There is no presumption either way as to whether you are or are not under the influence of alcoholic beverages to the extent that your normal faculties are impaired.

3) If your blood or breath alcohol level is 0.08 or higher:
a. In addition to creating a rebuttal presumption that you are under the influence of alcoholic beverages to the extent that your normal faculties are impaired, you are also guilty of driving with an unlawful blood or breath alcohol level.

While the government may be able to rely upon these presumptions, Florida law still allows other competent evidence to be admitted which challenges the fact you are or are not under the influence of alcoholic beverages to the extent that your normal faculties are impaired.

Can I be DUI if I only had one drink?

What happens if I am pulled over for DUI?


A DUI arrest will also result in an administrative proceeding whereby your driver’s license may be suspended or revoked.If you want to fight your license suspension, you must dispute it within 10 days.Contact Prestia|Holtz P.A. immediately to discuss your case for FREE with an experienced West Palm Beach DUI lawyer.
If you or a loved one has been charged with DUI contact (561) 360-3785 our offices immediately to speak directly to an attorney. We offer an initial FREE CONSULTATION where you can discuss your matter with one of our seasoned criminal defense lawyers.

Click below for more information on other DUI related information: