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DUI Defense Lawyer


Attorney Jason Fagnano, a former prosecutor in Palm Beach County, represents individuals who have been arrested for Driving Under the Influence (“DUI”) in Palm Beach, Broward, Miami-Dade, and surrounding counties. Whether you were stopped for a traffic violation or you were caught in a DUI checkpoint, being taken into custody and charged with DUI may be your first interaction with Florida’s criminal justice system. It’s important that you begin to immediately focus on your criminal defense and dealing with the charges that the state has levied against you. An effective defense starts with a call to Fagnano Law, P.A. today.

As a prosecutor, attorney Jason Fagnano handled hundreds of DUI cases, many of which went all the way to a jury trial. He was first chair in dozens of DUI jury trials. He gained invaluable experience working for the State of Florida and is now ready to put that experience to work for you. Fagnano Law, P.A. serves the cities of Jupiter, Palm Beach Gardens, North Palm Beach, Lake Park, Riviera Beach, West Palm Beach, Boynton Beach, Delray Beach, Boca Raton and more.

Driving Under the Influence in the State of Florida

Most Florida drivers are aware that the legal limit for adults in the state of Florida is a Blood Alcohol Content of .08. But that level of intoxication can easily be reached by most individuals after just three or four drinks. Many people who are arrested for DUI in Florida are unaware that they were legally drunk at the time of their traffic stop.

Regardless of whether you are stopped by Florida Highway Patrol, a deputy sheriff, or a municipal police officer, DUI investigations must follow the same basic steps:

The Stop – Police officers must have a reason to stop your car. Valid reasons include witnessing a traffic violation, observing a driving pattern consistent with DUI, to further a traffic accident investigation, or as a part of a valid DUI checkpoint.

Physical Observations – This occurs the moment the officer come into contact with you. He or she will immediately begin looking for signs of impairment (i.e. bloodshot eyes, slurred speech, the odor of an alcoholic beverage, etc.).

Voluntary Roadside Exercises – In Florida, these include the Walk-and-Turn, the Finger-to-Nose, and the One-Leg Stand. The investigating officer may also use the Horizontal Gaze Nystagmus (HGN)—a test to track your eyes’ ability to track smoothly. Roadside exercises are usually recorded for courtroom presentation. These exercises are voluntary and law enforcement cannot force you to do them.

Breathalyzer or BAC Test – When you apply for a Florida driver’s license, you agree to consent to a breath or urine test on demand. This will only occur after you are arrested, and the police officer will read you the implied consent warning. You are still able to refuse to submit to a breath test, but your license will be suspended for one year for a first refusal and eighteen months for a second. The results of your breath test are admissible in court.

The investigating officer must demonstrate that all phases of the investigation were done in accordance with Florida law. If not, Fagnano Law, P.A. can use any lapses to have crucial evidence against you suppressed—often destroying the prosecutorial case.

Experienced and Professional DUI Defense Attorneys

Fagnano Law, P.A. has a reputation in Florida for aggressively defending its clients in DUI cases. We represent individuals charged with:

  • Driving Under the Influence
  • Violations of Zero Tolerance Laws (Underage Drunk Driving)
  • Open Container
  • DUI with an accident
  • Multiple DUI’s
  • Boating Under the Influence (BUI)
  • Drugged Driving

To schedule an appointment contact us at 561-440-1528.