Contact Us
Toll Free (561) 500-5000
Partners Available 24/7 (561) 557-8686
#1 Fastest Growing Law Firm
Top Rated Lawyers
National DUI Defense
AV Preeminent 2023
Client Champion 2023 Martindale-Hubbell

Palm Beach County First DUI Program

Drunk driving charges cannot be resolved by deferred adjudication or specialty courts. However, for a first DUI offense in Palm Beach County, a defendant can go through a program where he or she pleads guilty to lesser charges of reckless driving and meets certain conditions of probation to avoid a conviction for driving under the influence.

Unfortunately, there are many misconceptions floating around about the program. The worst is that a first time offender’s admittance into the program is automatic or assured. Some people do not seek legal advice, assuming they will be able to make a lesser plea. In reality, it is very difficult to be admitted into the program, requiring skilled negotiation and an in-depth understanding of the procedure.

Failure to complete every step correctly could result in you being denied and forced to face charges for drunk driving.

Hiring a Palm Beach County Attorney to Assist in Program Acceptance

Do not simply walk into your court date assuming you can plead guilty to reckless driving charges if you are facing your first DUI charges in Palm Beach County, no matter what you’ve been told or who told it to you. Instead, have a skilled West Palm Beach drunk driving lawyer on your side, advising you and representing you to help you be admitted into the county program.

At Meltzer & Bell, P.A., “The Traffic Stop,” we have helped many first-time offenders in Palm Beach County navigate the system and be admitted into the program. We will carefully review your situation, including whether it might be best to fight the charges and avoid a conviction altogether.

In addition, the facts of the case may call for the Office of the State Attorney to consider “no filing” the charges or dropping them altogether.  Our office aggressively attacks each case by immediately filing as your attorney, contacting the agencies that are holding evidence against you, contacting the DUI intake department with the Office of the State Attorney, sending letters and doing all we can to find any loopholes around the charges being filed at all.

We offer affordable payment options, including sliding scale retainers for our clients. We represent people in West Palm Beach, Boca Raton, Boynton Beach, Jupiter, Delray Beach, Wellington, Palm Beach Gardens, Belle Glade, Juno Beach, Greenacres and anywhere else in Palm Beach County.

Info on County First DUI Program

Back to top

Exclusions to the Program

Eligibility is a key element of the First DUI program, and there are many ways a driver can be deemed ineligible. Some of the exclusions include:

  • Any arrest, at any point in your past, for driving under the influence in any jurisdiction; This is true regardless of the result of that case.  Arrested and acquitted of DUI in the past? Consider yourself temporarily excluded from the program!
  • A blood or breath test that shows an alcohol level at or above .20;
  • There was any sort of crash involved;
  • The arrest was accompanied by any other sort of criminal charges, including driving while license suspended, possession of a controlled substance or any other charge;
  • You have ever entered deferred prosecution for any offense, anywhere;
  • At some point in your life, you were sentenced to time in Florida State Prison;
  • You plead not guilty;
  • You demand discovery; or
  • You demand a trial by jury.

Making any kind of error in the proceedings, like pleading not guilty, could lead to you being ineligible. That is why you should always have a qualified attorney’s guidance.

The prosecutor in the case also has a significant amount of discretion over who is admitted into the program. The State Attorney will examine your driving record and may make a determination that there is a pattern of poor driving behavior, especially if there are multiple violations. The prosecutor could also simply look at the facts of the case and determine that allowing for a reduced plea is not appropriate.

If the State Attorney decides to exclude you, it is not the end of the road. Our lawyers can speak the prosecutor about why he or she should change his or her mind and allow you into the program.

Back to top

Details of the First DUI Program

If admitted, you must plead guilty to reckless driving with alcohol as a significant factor. There are two tiers of conditions, one for people with a blood/breath alcohol level of .08 to .15, and the other from .15 to .199. All the condition must be met within 11 months.

Violating any of the conditions results in a jail sentence of up to 90 days in Palm Beach County Jail and a $500 fine or both.  Keep in mind that any violation of this agreement is likely to result in a hefty jail sentence as courts in Palm Beach County have considered the fact that you were offered a “major break” by being offered the program.

Conditions of BAL of .08 to .15

  • Plead guilty to reckless driving with alcohol as a significant factor;
  • Reporting probation for 12 months; with no eligibility for early termination
  • Attend DUI school and any recommended treatment programs;
  • Complete 50 hours of community service;
  • Attend Victim Impact Panel or the online “You Impact” program;
  • 10-day vehicle immobilization;
  • Pay $250 fine and $293.50 in court costs;
  • Refrain from consuming or possessing alcohol, and submit to random testing at the defendant’s expense; and
  • Three months with an ignition interlock device, ankle Scram monitor, or Visual Alcohol Monitoring Device that the defendant must blow into at least four times per day.

Conditions of BAL of .15 to .199

The conditions for this higher BAL are largely the same as above, except:

  • Complete 75 hours of community service;
  • Make $250 donation to Victim Services Unit; and
  • Six  months with an ignition interlock device, ankle Scram monitor, or Visual Alcohol Monitoring Device that the defendant must blow into at least four times per day.

Conditions for a DUI with Controlled Substances

If the DUI in question was for driving under the influence of a controlled substance, then the program uses a hybrid of the tiers, with most from the lower-BAL tier. However, there is only six months of probation, since alcohol was not a significant factor in the DUI.

It is the opinion of Meltzer & Bell, P.A., “The Traffic Stop” that controlled substance DUI charges tend to be more difficult to prove than alcohol-related offenses.  There are many legal reasons why this is true.  Consult with the lawyers at our office and learn why accepting this program may not be the best option and why you should acquire the services of our firm.

Back to top

Assisting Clients With Palm Beach County’s First DUI Program

Despite what you may have heard, you cannot simply plead down to a reckless driving charge if you were arrested for DUI for the first time in Palm Beach County. It takes being admitted into a specific program, which is difficult.

Many people believe they can do it on their own, and wind up facing drunk driving charges in court. Don’t let that happen to you. Hire a skilled West Palm Beach DUI defense lawyer.

Call Meltzer & Bell, P.A. today at (561) 557-8686 to set up a consultation.

This article was last updated on Friday, February 23, 2018.

Get Powerful Legal Support Today

✓ Over 1,000 5-Star Reviews in Florida
✓ Harness the power of former government lawyers, a former felony special unit prosecutor, and a former major crimes Public Defender
(561) 500-5000 Text us a message now
Your First Line of Defense’
(561) 500-5000

Thousands of Big Wins in Florida

Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
Read More
Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
Read More
Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
Read More
Result:  DUI Dismissed
View All

This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
DUI
515 N Flagler Dr #240
West Palm Beach, FL 33401
(561) 557-8686
Directions
110 SE 6th St Suite 1749
Fort Lauderdale, FL 33301
(954) 765-6585
Directions
1 SE Ocean Boulevard
Stuart, FL 34994
(772) 248-1215
Directions
18851 NE 29th Ave #750
Aventura, FL 33180
(772) 291-2534
Directions
211 S 2nd St
Fort Pierce, FL 34950
(954) 765-6585
Directions
Call Us
Text Us

Contact Us

Call (561) 500-5000 or fill out the form below to get in touch with one of our attorneys.