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West Palm Beach Criminal Lawyer Blog


Arrested for DUI? What You Need to Know Immediately


If you’ve just been arrested for DUI, then you are sure to have many questions. How do I stay out of jail? Can I continue to drive, and for how long? Laws regarding DUI are complicated and differ by state. Your best defense is a good offense – that is, being armed with facts.

Following are facts you’ll need to know immediately upon arrest.

In the past, if you refused to give a breath test, you would receive a 1 yr. license suspension and you would not be given a hardship permit during the first 90 days under any circumstances.

Also in the past: if you had blown in the breathalyzer machine and your blood alcohol level was above the legal limit, you’d receive a six-month suspension, and you would not receive a 30-day permit.

That has changed.

Now, if you voluntarily waive the hearing, (which you are unlikely to prevail in anyway), the 90-day or 30-day “hard” suspension” will be waived, and you may receive your hardship permit immediately, so long as you comply with other requirements.

In Palm Beach County, on a first offense, you may be eligible for a reckless driving lesser offense, if:

  • You have no prior record, and
  • There is not an accident, and
  • You refused a breath result or breath results are below .15.

In addition, if you receive a withhold of adjudication on the reckless charge (i.e., not a conviction), you can later seal your records, with the help of an attorney.

Laws regulating DUI offenses are arguably more complex than most other criminal offenses. Therefore, if you’ve been arrested for DUI, you’ll want a lawyer that is going to be honest with you upfront – and one with experience navigating the judicial system in the county in which you’ve been arrested.

Attorney Kelly V. Landers has more than 20 years of experience and has handled hundreds of criminal trials. He is rated AV Preeminent by Martindale-Hubbell®, which means that his peers have given him the highest rating available for ethical standards and legal ability. Contact him at (561) 655-4495 or (855) FIND-KELLY to learn how he can help you.