Palm Beach DUI Program Hits Milestone; Defense Lawyer Urges Those Interested to Seek Counsel

WEST PALM BEACH, Fla. - Nov. 10, 2014 - PRLog -- A Palm Beach Country program aimed at reducing the number of drunk drivers announced a milestone of 1,000 participants in October, about 14 months after its inception.

The program, which was initiated in June 2013, is supposed to help first-time DUI offenders avoid having a DUI conviction permanently on their records while making the streets safer. However, West Palm Beach criminal defense attorney Steven Bell said the high number of participants should not lead people to think it is easy to become admitted.

"No one should assume they can just join the program if they are facing their first DUI charge," Bell said. "People facing these charges should seek the advice of an attorney."

Driving under the influence is defined as being in actual physical control of a vehicle while under the influence of drugs or alcohol to the point where a person is impaired. Drivers also can be considered under the influence if their blood alcohol content is above the legal limit of .08.

A first-time offense DUI offense in Palm Beach County can be considered a second-degree misdemeanor, Bell said. The charges can carry penalties of up to six months in jail, a fine of up to $2,000 and a minimum license suspension of 180 days, he said.

Convictions can bring other sanctions, as well, Bell said, including impoundment of the vehicle for 10 days, hours of community service, up to one year of probation and mandatory attendance at DUI school. The program, however, is supposed to help drivers other hassles of DUI convictions, including job loss.

"Drivers who get behind the wheel when they are under the influence of drugs or alcohol break the law and should suffer the consequences," Bell said. "But this program can give the drivers the chance to learn from the mistake and get their lives on the right track."

Drivers must not have any prior DUI charges (http://www.thetrafficstop.com/dui-driving-under-the-influ...), felony or possession convictions. Drivers involved in an accident, traveling with children or animals or those who had a BAC of more than .20 cannot participate in the program.

Drivers who opt in the program are forced to plead guilty to a second-degree misdemeanor reckless driving charge instead of a DUI first-degree misdemeanor. In addition, the participants must pay for alcohol monitoring devices for three to six months, depending on their level of impairment.

The program is divided into tiers. Drivers with a blood alcohol level of .08 to .15 are monitored for three months, Bell said, and those with a level of .15 to .20, or drivers who refused a breath test, can be monitored for a longer period.

"The penalties in the program are tough, and some people choose not to participate if they think they can win their case," Bell said. "In the long run, the hassle of the program can help make roadways safer."

Once accepted into the program, participants are placed on probation for one year and are given six months to pay fines of $250 to $500. Although they do not lose their ability to drive, Bell said, they do lose their vehicle for 10 consecutive days.

Participants also must complete 50 to 75 hours of community service, attend DUI school, and undergo random drug testing. If a person fails to complete the program, the DUI charge will be reinstated and he or she will be sentenced to 90 days in jail.

Steven Bell is a South Florida traffic violation defense attorney (http://www.thetrafficstop.com/) and partner at Meltzer & Bell, P.A. Bell represents clients throughout Palm Beach County, including West Palm Beach. He also fights for the rights of clients in Miami-Dade and Broward counties.