Daniel Lewin

Fierce Advocacy. Genuine Compassion.

What You Need To Know About Your West Palm Beach DUI/DWI Charge

The severity of penalties for a DUI depends on several factors, including your age, prior DUI convictions and other circumstances of the incident. Regardless of the situation, you may face fines, jail time and the required use of an ignition interlock device in your vehicle.

If you’ve been charged with DUI, it’s important to get legal help as quickly as possible. I am Daniel Lewin, a criminal defense attorney committed to protecting your rights and making sure your side of the story is heard. Don’t let one mistake hurt your future – call The Lewin Law Firm, PLLC, at 561-710-2819 today.

A DUI Arrest Creates Two Separate Cases

A DUI charge in Florida is not just a single criminal court case. When you are arrested, you face two different legal actions at the same time. You must handle the criminal case in court, and you must also handle a separate administrative case with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Ignoring either one can have serious consequences for your freedom and your driver’s license.

The administrative case focuses solely on your driving privilege. Your license is automatically suspended soon after the arrest. To fight this suspension and protect your right to drive, you must take action very quickly. You have only 10 calendar days from the date of your arrest to request a formal review hearing with the FLHSMV. If you miss this 10-day deadline, you lose your ability to challenge the suspension.

This hearing is your chance to argue for a hardship license. A hardship license allows you to drive for necessary purposes, such as work or school. Securing this license involves specific steps and requirements, like enrolling in DUI school. Trying to navigate the paperwork, tight deadlines and the hearing itself on your own adds an incredible amount of stress to an already difficult time.

I can manage this entire administrative process for you, helping ensure the necessary steps are taken on time to protect your mobility.

Penalties For Your First And Second Drunk Driving Charges

Florida law increases the mandatory minimum penalties when a high blood alcohol content (BAC) is involved. For a first-time DUI, if your BAC is .15% or higher or if a minor was in the vehicle, the judge is required to impose tougher punishments.

Fines: $1,000 to $2,000 for a first offense and $2,000 to $4,000 for a second offense.
Ignition Interlock Device (IID): Florida requires an IID for at least six months on a first offense and at least one year for a second offense.

The basic penalties for a first and second DUI conviction, without a high BAC, may include:

Jail time
Fines
The required use of an ignition interlock device
Community service

Beyond these fines and devices, a new law called “Trenton’s Law” introduces specific procedural changes you should know.

The Impact Of Trenton’s Law (Effective Oct. 1, 2025)

Trenton’s Law (HB 687) added new criminal penalties to the Florida Statutes. These changes focus on chemical test refusals and repeat offenders in fatal accidents.

Criminalization Of Test Refusal

Florida’s implied consent laws mean you agree to chemical testing upon a lawful DUI arrest. Previously, the state handled a first refusal as an administrative matter that triggered a license suspension.

First refusals: A second-degree misdemeanor charge applies, punishable by up to two months in jail and fines of $500.
Subsequent refusals: These remain a first-degree misdemeanor with a penalty of up to one year in jail.
License suspension: A refusal still triggers an automatic driver’s license suspension of one year for a first offense or 18 months for a second.

Understanding these criminal consequences is vital for anyone facing a test refusal charge.

Repeat DUI Manslaughter And Vehicular Homicide

The law increases penalties for repeat fatal incidents:

Felony enhancement: If you have a prior conviction for DUI/BUI manslaughter or vehicular homicide, a second conviction for either offense is a first-degree felony. This upgrade from a second-degree felony carries a maximum 30-year prison sentence.
Permanent revocation: Judges now hold the authority to permanently revoke driving privileges for those the court convicts of vehicular homicide.

These heightened classifications reflect the state’s stricter stance on repeat fatal offenses.

Frequently Asked Questions On DUI Charges

A DUI arrest in West Palm Beach can create immediate uncertainty about your future, license and ability to work. Below, I have answered some of the most common questions people ask after a DUI arrest in Palm Beach County.

Do I lose my license immediately after a DUI arrest in West Palm Beach?

Not right away. After a DUI arrest in West Palm Beach, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) issues an administrative suspension, but your physical driver’s license is usually replaced with a 10-day temporary permit. During those 10 days, you can legally drive until you request a formal review hearing with the DHSMV.

If you fail to request the hearing within that 10-day window, the suspension becomes automatic. The outcome of the hearing determines whether your suspension continues or is lifted. Because these deadlines are strict, having a West Palm Beach DUI attorney to handle the process quickly can protect your right to drive.

Can I get a hardship license for work after a DUI arrest in Florida?

Yes, many people qualify for a Florida hardship license after a DUI arrest. This limited license allows you to drive for essential purposes such as work, school or medical appointments. To be eligible, you must:

Enroll in or complete DUI school through an approved provider.
Waive your right to a formal review hearing if applying for immediate eligibility.
Provide proof of hardship and financial responsibility to the DHSMV.

Once approved, you will be issued a restricted driver’s license that outlines when and where you can drive. A DUI attorney can guide you through the documentation and help ensure your application meets Florida’s strict requirements.

What is the Palm Beach County DUI Diversion Program, and am I eligible?

The Palm Beach County DUI Diversion Program is designed for first-time offenders to reduce penalties and possibly avoid a criminal conviction. Eligibility is limited and requires:

No prior DUI convictions or pending criminal charges.
A blood alcohol content (BAC) below .15%.
No crashes or serious injuries associated with the arrest.

Participants must complete DUI school, community service and other conditions set by the Palm Beach County State Attorney’s Office. Successfully finishing the program can result in reduced charges or dismissal, making early consultation with a DUI defense lawyer in West Palm Beach critical for exploring this option.

What is Trenton’s Law and why was it passed?

Named after a victim of a repeat DUI offender, Florida passed Trenton’s Law to change how the state penalizes chemical test refusals and repeat fatal accidents. The law discourages drivers from refusing tests and increases the consequences for repeat offenders who cause death or serious injury.

How does it affect my first DUI arrest?

The law transforms a test refusal from an administrative issue into a criminal offense. If you refuse to provide a breath or urine sample after a lawful arrest, the state can charge you with a second-degree misdemeanor for the refusal alongside the DUI charge.

Can a judge take my license away forever?

Yes. Under Trenton’s Law, judges may permanently revoke a driver’s license in cases involving vehicular homicide or DUI manslaughter.

How I Can Defend You

It’s possible to defeat a DUI charge, but it takes a skilled legal advocate and a solid defense. As your DUI attorney, I will look at the details of your case and question the legitimacy of every decision officers made during your arrest. I can also examine the equipment used to test you for sobriety and evaluate whether proper procedures were followed.

Call For Your Free Consultation

What happens next is up to you. If you want a DUI lawyer you can trust to work closely with you from day one, call me today at 561-710-2819 or send me an email. I will fight your DUI charge and defend your freedom.