The Ishak Law Firm offers expert DUI defense across South Florida, ensuring that law enforcement followed every legal requirement during your stop, investigation, and arrest. This includes a careful review of whether your traffic stop was lawful, whether the field sobriety exercises were properly administered, and whether any searches or chemical tests were conducted in compliance with constitutional protections. As an experienced West Palm Beach DUI attorney, Monica Ishak crafts legal strategies specifically tailored to each client’s circumstances—whether you are facing a first-time DUI charge or a repeat offense. Every case is approached with diligence, precision, and a commitment to protecting your freedom and achieving the best possible outcome.
Under Florida Statute § 316.193, a person is considered to be driving under the influence if they are in actual physical control of a vehicle while impaired by alcohol or controlled substances, or if they have a blood or breath alcohol level (BAC) of 0.08% or higher. DUI is prosecuted aggressively in Florida, and even a first conviction can carry significant penalties.
A first-time DUI offense is usually charged as a first-degree misdemeanor. However, the consequences become more severe when certain aggravating factors are present. If the offense results in property damage or bodily injury, or if your BAC is 0.15% or higher, or if a minor was in the vehicle at the time of the offense, enhanced penalties apply.
The legal consequences for a DUI conviction may include the suspension of your driver’s license, substantial court-imposed fines and administrative fees, and mandatory enrollment in DUI education or substance abuse programs. In many cases, the court will order a period of probation, during which you must comply with strict terms, including regular reporting, random testing, and restrictions on alcohol use. Community service is often a required component as well, and in more serious cases, jail time may be imposed. An ignition interlock device may also be required, particularly for high BAC cases or repeat offenders. Perhaps most significantly, a DUI conviction results in a permanent criminal record that can affect employment, professional licensing, insurance rates, and more.
Florida law also imposes mandatory probation terms depending on the number of prior DUI convictions:
For a first DUI offense, the court is required to impose up to 12 months of probation. This includes a minimum of 50 hours of community service, DUI school attendance, and participation in any recommended substance abuse treatment. For a second DUI conviction, especially if it occurs within five years of the first, the court must impose a minimum 10-day jail sentence, along with extended probation and a five-year license revocation. Installation of an ignition interlock device is also mandatory for at least one year. A third DUI within 10 years is treated as an enhanced misdemeanor in Florida and carries a minimum of 30 days in jail, 10 years of driver’s license revocation, and long-term probation supervision, often accompanied by extensive treatment and monitoring requirements. For a fourth or subsequent DUI, regardless of when prior offenses occurred, the charge is a third-degree felony, punishable by up to five years in prison. Probationary terms are severe and long-lasting, often involving intensive outpatient treatment and permanent license revocation. If found guilty, Florida law mandates an adjudication of guilt—meaning the court is legally required to formally convict the individual, without the option for a withhold of adjudication. At The Ishak Law Firm, P.A., we provide comprehensive DUI defense grounded in knowledge of constitutional rights and Florida criminal procedure. Attorney Monica Ishak scrutinizes every stage of the arrest—from the legality of the stop to the accuracy of breath or blood tests. If any element of your arrest violates legal standards, we pursue a motion to suppress the evidence or seek to have the charges reduced or dismissed.
No matter the complexity of your DUI case, our firm provides personalized and strategic representation with a clear goal: to protect your future, reduce or eliminate the penalties you face, and ensure that your rights are never compromised. If you are in need of an experienced attorney in handling DUI charges in West Palm Beach, contact The Ishak Law Firm today for a confidential consultation.