DUI Category Archives — Fort Lauderdale Criminal Attorney Blog Published by Fort Lauderdale, Florida Criminal Lawyer

June 26, 2025

Tourists and DUIs: What Happens If You’re Arrested for Drunk Driving on Vacation in Fort Lauderdale?

By The Law Offices of Richard Ansara, P.A.

Fort Lauderdale is a premier vacation destination, attracting millions of visitors each year with its pristine beaches, vibrant nightlife, and year-round sunshine. Unfortunately, the combination of vacation relaxation, unfamiliar surroundings, and Florida’s party atmosphere can sometimes lead to poor decisions—including getting behind the wheel after drinking. If you’re a tourist who finds yourself facing DUI charges in Fort Lauderdale, you’re likely feeling overwhelmed and uncertain about what comes next.

Being arrested for drunk driving while on vacation creates a complex legal situation that differs significantly from handling a DUI in your home state. Understanding how Florida’s criminal justice system handles out-of-state defendants is crucial for protecting your rights and minimizing the long-term consequences of your arrest.

The Reality of Tourist DUI Arrests in Fort Lauderdale

May 5, 2025

First-Time DUI in Broward County: Diversions & Alternative Resolutions

By The Law Offices of Richard Ansara, P.A.

Facing a first-time DUI in Broward County can be a scary experience, especially for those who have never navigated the criminal justice system before. Although it may not result in significant jail time (assuming no one was seriously hurt), we do need to stress that it’s a mistake to think that a first-time DUI in Broward County will result in nothing more than a slap on the wrist. The reality is a DUI conviction can have lasting consequences for your career, your education and your personal relationships.

The good news is that even if a dismissal of the charge is impossible, there are legal avenues that could minimize the impacts. Specifically, Broward County has a number of diversion programs and alternative resolutions that may be available, particularly for first-time offenders. But just because you’ve never been in trouble before doesn’t mean the state attorney’s office is going to be eager to let you off light. It’s important to hire a skilled Fort Lauderdale DUI defense lawyer to ensure you aren’t taking an unfair deal or one that could have latent consequences you haven’t considered.

Understanding First-Time DUI Penalties in Florida

Before discussing alternatives, it’s crucial to understand what’s at stake. Under Florida Statute §316.193, a first-time DUI conviction carries significant penalties:

Fines ranging from $500 to $1,000 (or $1,000 to $2,000 with a BAC of .15 or higher)
Up to 6 months imprisonment (or up to 9 months with a BAC of .15 or higher)
License suspension from 180 days to 1 year
50 hours of community service
12 months of probation
DUI school completion
Vehicle impoundment for 10 days
Ignition interlock device installation (mandatory for BAC of .15 or higher)

Aggravating Factors That Increase Penalties

Several circumstances can enhance these penalties substantially:

Having a minor in the vehicle at the time of arrest (increases fines and potential jail time)
Causing property damage or bodily injury (elevates the charge to a first-degree misdemeanor or felony)
Having an extremely high BAC level (.15 or higher)
Refusing to submit to a breath, blood, or urine test (triggers automatic license suspension under Florida’s implied consent law)

Broward County Diversion Programs

Fortunately, the option of a diversion program may help first-time DUI offenders avoid the full weight of these consequences.

The main avenue for first-time DUI offenders is:

Misdemeanor Diversion Program (M.D.P.)

The Misdemeanor Diversion Program is a potential option for some offenders in Broward County with a short or non-existent criminal history. That can include first-time DUI offenders. Those who are accepted – and successfully complete — the program will be eligible to have the court drop the charges against them. The program is managed by the Broward County Sheriff’s Office Probation Division in Fort Lauderdale.

Acceptance into the diversion program is at the discretion of the state attorney’s office. In fact, eligibility requirements may be somewhat flexible on a case-by-case basis. This is one of those times when having an experienced DUI defense lawyer to advocate on your behalf to prosecutors can go a long way – even when the evidence against you is significant.

When a diversion program isn’t an option, other resolution strategies may include: Continue reading

April 9, 2025

DUI Checkpoints in Broward County: Know Your Rights

By The Law Offices of Richard Ansara, P.A.

DUI checkpoints are a regular occurrence throughout Broward County, especially during holidays and major events. As a Fort Lauderdale DUI lawyer can explain, these strategically placed roadblocks allow law enforcement to briefly stop and evaluate drivers for signs of impairment. While these checkpoints serve a legitimate public safety purpose, many drivers don’t understand how these differ from regular traffic stops or what rights they maintain when encountering one.

How DUI Checkpoints Differ from Standard Traffic Stops

In a typical Broward County DUI arrest scenario, an officer must have “reasonable suspicion” to pull you over. This might include observing erratic driving, speeding, or equipment violations. Once stopped, the officer can investigate further if they develop probable cause to believe you’re impaired.

DUI checkpoints operate differently. At checkpoints, law enforcement can stop every vehicle (or every nth vehicle according to a predetermined formula) without specific suspicion of wrongdoing. This presents a significant constitutional exception to the Fourth Amendment’s protection against unreasonable searches and seizures.

Legal Foundation for DUI Checkpoints

The Florida Supreme Court established the legality of sobriety checkpoints in the 1986 decision in State v. Jones, determining that properly conducted checkpoints do not violate Florida’s Constitution. The U.S. Supreme Court similarly upheld their constitutionality in the 1990 ruling in Michigan Department of State Police v. Sitz, finding that the state’s interest in preventing drunk driving outweighed the minimal intrusion on individual rights.

However, for a checkpoint to be legal in Florida, it must adhere to strict guidelines:

The checkpoint must be authorized by supervisory personnel following a written operational plan.
Officers cannot have unfettered discretion in stopping vehicles.
The checkpoint must be clearly identified as a sobriety checkpoint.
Motorists must receive adequate advance notice.
The location must be reasonable.
The detention time must be minimal.
The roadblock must be conducted safely.

Checkpoints that fail to meet these requirements may be deemed unconstitutional, potentially invalidating any resulting arrests. An experienced criminal defense lawyer can analyze the facts of your case to help make that determination.

Your Rights at a Broward County DUI Checkpoint

When approaching a checkpoint in Fort Lauderdale or elsewhere in Broward County, you should be aware of your rights:

You must stop at the checkpoint. Attempting to avoid a checkpoint by making an illegal U-turn or other evasive action can provide officers with reasonable suspicion to stop you separately.
You must provide license and registration. Florida Statute §322.15 requires drivers to present their license, registration, and proof of insurance when requested by law enforcement.
You can remain silent. Beyond providing identifying documents, you have the right to decline answering questions about where you’re coming from, where you’re going, or whether you’ve been drinking. Simply inform the officer politely that you’re exercising your right to remain silent.
You can decline field sobriety tests. These tests are voluntary, and you can refuse them without penalty. However, be aware that refusal may lead officers to develop probable cause for arrest based on other factors like odor of alcohol, slurred speech, or bloodshot eyes.
Chemical tests are different. Under Florida’s “implied consent” law (F.S. §316.1932), refusing a breath, blood, or urine test after arrest can result in an automatic one-year license suspension (18 months for a second refusal). This refusal can also be used against you in court.

The Checkpoint Process in Broward County

Broward County law enforcement agencies, including the Fort Lauderdale Police Department and Broward Sheriff’s Office, typically conduct checkpoints at high-traffic locations during evening hours. Officers may:

Request your license and registration.
Engage you in brief conversation to observe signs of impairment.
Look for visible open containers or drug paraphernalia.
Request field sobriety tests if they suspect impairment.
Conduct breath tests if probable cause is established.

How a Local Fort Lauderdale Attorney Can Help

If you’re arrested at a DUI checkpoint in Broward County, securing representation from a local criminal defense attorney offers significant advantages: Continue reading

March 17, 2025

St. Patrick’s Day DUIs in Fort Lauderdale: What You Need to Know

By The Law Offices of Richard Ansara, P.A.

Every March 17th, Fort Lauderdale comes alive with shades of green, Irish tunes and the clink of celebratory drinks. St. Patricks’ Day is a time for fun and festivities here in South Florida, complete with parades and parties. However, St. Patrick’s Day also typically sees a sharp rise in drunk driving arrests. If you or someone you love is now facing a DUI charge after a St. Patrick’s Day celebration, it’s unwise to count on a stroke of good luck to protect your future.

At The Ansara Law Firm, our Fort Lauderdale criminal defense attorneys believe your future is worth protecting, and we won’t let you face the criminal justice system alone. We’ve seen firsthand how a single DUI arrest can impact a person’s life. But we’ve also helped many individuals navigate Florida’s legal system, preserve their rights, and move forward with strength and dignity.

The Reality of St. Patrick’s Day DUIs in Fort Lauderdale

According to the National Highway Traffic Safety Administration (NHTSA), St. Patrick’s Day consistently ranks among the top holidays for alcohol-related crashes. Nationally, there were 290 people killed in alcohol-impaired crashes during the St. Patrick’s Day holiday – from 6 p.m. March 16th to 6 a.m. March 18th – between 2018 and 2022. Drivers who are young (21 to 34), male, and driving at night were overrepresented in the crash statistics.

Florida is no exception to this troubling trend. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports March consistently sees a spike in DUI arrests and alcohol-related crashes, especially mid-month during St. Patrick’s Day celebrations. (Spring break festivities undoubtedly play a role as well.)

Law enforcement agencies across the state, including those in Fort Lauderdale and throughout Broward County, ramp up DUI checkpoints and saturation patrols around this time of year specifically for that reason. So even if you aren’t involved in a crash, you’re more likely to get arrested for a DUI around this time simply because police are specifically on the lookout for impaired drivers.

Florida DUI Laws and Penalties

If you’re arrested for DUI in Fort Lauderdale, it’s essential to understand the legal definitions and potential penalties. Under Florida Statute F.S. 316.193, a driver can be charged with a DUI if they:

Have a blood-alcohol concentration (BAC) of 0.08% or higher, or
Are under the influence of alcohol or drugs to the extent that their normal faculties are impaired.

That last bit is somewhat subjective. As a DUI defense lawyer can explain, law enforcement officers will use their own personal observations, as well as information gleaned from field sobriety tests, in determining whether one’s “normal faculties are impaired.” Unlike breathalyzer tests, field sobriety tests (such as the walk-and-turn and the horizontal gas nystagmus test) are not mandatory and you can decline to submit to them.

For a first-time DUI in Fort Lauderdale, penalties include:
Up to 6 months in jail (or up to 9 months if your BAC is 0.015% or higher OR if a minor child was in the vehicle at the time of your arrest)
Fines between $500 and $1000 (or up to $2,000 if your BAC is 0.15% or higher)
License suspension for 6 months to 1 year
Probation for up to 1 year
50 hours of community service
Vehicle impoundment for 10 days

Beyond the clear legal consequences, a DUI conviction can have other lasting repercussions on your life. These include: Continue reading

February 13, 2025

DUI With a Minor in the Car: Why Fort Lauderdale Prosecutors Take These Cases So Seriously

By The Law Offices of Richard Ansara, P.A.

Driving under the influence (DUI) is already a serious offense in Fort Lauderdale. But when a minor is in the vehicle, the consequences become far more severe. Prosecutors in Fort Lauderdale and across Florida aggressively pursue these cases, often seeking enhanced penalties and additional charges beyond a standard DUI. The presence of a minor in the car suggests an increased risk to public safety, making the offense more likely to be prosecuted to the fullest extent of the law.

For those facing DUI with a minor in the car, it is crucial to understand how Florida law handles these cases, what additional penalties you could face, and how a skilled Fort Lauderdale DUI criminal defense lawyer can help protect your rights.

Florida Laws on DUI With a Minor in the Car

Florida’s DUI Statute – F.S. 316.193

Under Florida Statute 316.193, a person commits DUI if they:

Operate or are in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that their normal faculties are impaired, OR
Have a blood alcohol concentration (BAC) of 0.08% or higher.

For a first-time DUI offense, penalties typically include fines, probation, community service, a license suspension, and potentially jail time. However, when a minor (anyone under 18) is in the vehicle at the time of the arrest, enhanced penalties apply.

Enhanced Penalties for DUI With a Minor in the Car

Florida law specifically enhances DUI penalties under F.S. 316.193(4) when a child is present in the vehicle. If convicted:

The fine is doubled:
- First offense: Minimum $1,000 fine (instead of $500).
- Second offense: Minimum $2,000 fine (instead of $1,000).
- Third offense (within 10 years): Felony DUI, carrying up to five years in prison.
Increased jail time:
- A mandatory sentence of up to 9 months for a first offense (instead of 6 months).
- A second offense carries up to 12 months in jail.
Mandatory ignition interlock device (IID) for at least 6 months.
Additional probation and community service requirements.

In severe cases—such as when the DUI results in an accident, injury, or reckless driving—prosecutors may pursue felony charges under Florida’s aggravated DUI laws.

Does Having Multiple Minors in the Car Make a Difference?

Yes. If multiple minors are in the vehicle, the prosecution may argue that each child is a separate victim, potentially leading to multiple counts of DUI child endangerment. Additionally, the totality of circumstances—such as the children’s ages, road conditions, and the driver’s BAC level—can influence sentencing. In some cases, having multiple minors in the car can elevate the offense to a felony rather than a misdemeanor.

Additional Non-Criminal Consequences

A conviction for DUI with a minor in the car can have life-changing consequences beyond criminal penalties. These include:

Child Custody and Family Law Implications

If you are involved in a child custody dispute, a DUI with a minor in the vehicle can be used against you in family court.

Under Florida law, judges make custody decisions based on the best interests of the child (F.S. 61.13). A DUI conviction involving a minor can be viewed as child endangerment, potentially leading to:

Loss of custody or visitation rights
Supervised visitation orders
Parental fitness evaluations

In severe cases, the Florida Department of Children and Families (DCF) may even initiate an investigation, which could result in temporary or permanent loss of parental rights.

Professional and Employment Consequences

Many employers conduct background checks, and a DUI conviction—especially one involving child endangerment—can result in job loss, particularly for individuals in:

Education and childcare
Healthcare
Commercial driving
Law enforcement or government positions

Additionally, professional licensing boards may revoke or suspend a person’s ability to practice in certain fields, such as medicine, law, and aviation.

Auto Insurance Rate Increases

A DUI conviction will result in a dramatic increase in auto insurance premiums, often by hundreds or even thousands of dollars per year. Some insurance providers may cancel your policy altogether after a conviction involving DUI with a minor in the car.

Potential Defenses to DUI With a Minor in the Car

January 6, 2025

Can You Refuse a Breathalyzer Test in Florida? Pros, Cons, and Legal Implications

By The Law Offices of Richard Ansara, P.A.

If you’ve been pulled over for suspected driving under the influence (DUI) in Florida, one of the most critical moments may come when an officer requests that you take a breathalyzer test. This seemingly simple request carries significant legal weight because of Florida’s implied consent law. Refusing to submit to a breath test has both immediate and long-term consequences, and understanding the pros, cons, and legal implications of such a refusal is crucial.

As an experienced Broward County criminal defense lawyer, I’ll provide an in-depth look into Florida’s implied consent laws, discuss the penalties for refusal, and explain whether there are circumstances in which refusal might work to a defendant’s advantage.

(Note: This following should not be considered legal advice. To know which actions are most advisable in your case, you should always talk to the criminal defense attorney who is representing you.)

What Are Florida’s Implied Consent Laws?

Under Florida Statute §316.1932, by obtaining a driver’s license, you automatically consent to submit to chemical tests of your breath, blood, or urine if law enforcement has probable cause to believe you are driving under the influence. This is known as the state’s implied consent law.

If you refuse to take a breathalyzer test after being lawfully arrested for DUI, you’re effectively violating this implied agreement, which triggers an automatic administrative penalty and other potential legal consequences.

The Florida Supreme Court affirmed the constitutionality of implied consent laws in their 1980 ruling in the case of State v. Bender, where it was underscored that driving is a privilege, not a right. Other precedent-setting cases have held that compelling someone to submit to a breathalyzer test when there is probable cause to believe they’re driving impaired does not violate the Fifth Amendment constitutional right to protect against self-incrimination.

Consequences of Refusing a Breathalyzer Test

Administrative Penalties

Refusing a breathalyzer test in Florida results in an automatic suspension of your driver’s license:

First refusal: A one-year suspension.
Second or subsequent refusals: An 18-month suspension and possible misdemeanor charges for repeat refusal.

The suspension is enforced by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), independent of any criminal DUI case.

Use of Refusal as Evidence in Court

One of the most critical legal implications is that your refusal can be used as evidence against you in court. Prosecutors will likely argue that refusal indicates consciousness of guilt—that you declined the test because you knew you were intoxicated. This can be a powerful narrative for a jury, even if there’s no direct evidence of your blood alcohol content (BAC).

Potential for Increased DUI Penalties

If you’re ultimately convicted of DUI after refusing a breath test, you may face harsher penalties. For instance, refusal may disqualify you from certain diversion programs or result in more severe sentencing.

Possible Pros of Refusing a Breathalyzer Test

Despite the serious consequences, some defendants see benefits in refusing a breathalyzer test. Continue reading

December 3, 2024

Protecting Your Rights After DUI Arrest in Fort Lauderdale Festival Season

By The Law Offices of Richard Ansara, P.A.

South Florida’s festival season is a time of celebration, drawing thousands to events like the Fort Lauderdale International Boat Show, the Riptide Music Festival, Tortuga Music Festival, and The Big Easy Cruise. While these events offer unforgettable experiences, they also bring heightened law enforcement activity, particularly targeting DUI offenses. If you are arrested for DUI in Fort Lauderdale during this festive season, understanding your rights and the unique legal issues at play is crucial to mounting an effective defense. Hiring a Fort Lauderdale criminal defense lawyer can make all the difference when it comes to minimizing the potential and severity of consequences.

Festival Season in Florida Means More Law Enforcement Presence

Prime festival season in South Florida runs from fall to spring, with January, February, and March typically being the peak.

Specifically in Southeast Florida, upcoming festivals include Art Basel in Miami Beach, the Winterfest Boat Parade in Fort Lauderdale, Art Deco Weekend in Miami Beach, the Big Easy Cruise in Fort Lauderdale, the Country Music Cruise in Fort Lauderdale, Groundup Music Festival in Miami Beach, and Ultra Music Festival in Miami.

These festivals take a lot of planning – and there’s a fair amount of coordination with local law enforcement agencies.

As our Fort Lauderdale criminal defense attorneys can explain, police departments recognize that these festivals tend to result in an uptick of alcohol consumption and drug use. Don’t be surprised if you see an uptick in DUI sobriety checkpoints, saturation patrols and the use of mobile breathalyzer units to identify and apprehend suspected impaired drivers. Such measures are designed to promote public safety, but they’re also going to increase the likelihood of DUI arrests. Keep in mind, though, that an arrest does not necessarily equal a conviction. A criminal defense lawyer can help you fight the charges, or at the very least, argue for reduced penalties.

Are DUI Checkpoints Legal in Florida?

Short answer: Yes.

This is a question that comes up a lot during festival season because we have so many visiting from out-of-state, and each state has slightly different ways of doing things. It’s worth noting that the U.S. Supreme Court upheld the legality of sobriety checkpoints under the Fourth Amendment in the 1990 case of Michigan Dept. of State Police v. Sitz, albeit with some protocols aimed at minimizing arbitrary enforcement and intrusiveness. Continue reading

November 24, 2024

Field Sobriety Tests: What Fort Lauderdale Drivers Should Know About Their Accuracy and Limitations

By The Law Offices of Richard Ansara, P.A.

Field sobriety tests (FSTs) are a common tool used by Fort Lauderdale law enforcement officers to determine whether a driver is impaired. These tests are often administered roadside after an officer pulls over a driver they suspect of driving under the influence (DUI). However, the accuracy and reliability of these tests are not as solid as they may seem. As a Fort Lauderdale criminal defense lawyer, I see firsthand the limitations of FSTs, which can be affected by numerous factors unrelated to alcohol. Understanding these limitations and possible defense strategies can be crucial to protecting your rights if you’re facing a DUI charge based on field sobriety test results.

Types of Field Sobriety Tests

There are three main types of standardized field sobriety tests that Fort Lauderdale officers use, which were developed by the National Highway Traffic Safety Administration (NHTSA):

Horizontal Gaze Nystagmus (HGN) – During this test, the officer asks the driver to follow a small object, like a pen, with their eyes. The officer looks for involuntary jerking of the eyes, which is believed to be more pronounced when someone is under the influence of alcohol.
Walk-and-Turn Test – This test requires the driver to take nine steps, heel-to-toe, along a straight line, turn, and walk back in the same manner. The officer observes for signs of impairment, such as losing balance, missing steps, or failing to follow instructions.
One-Leg Stand Test – Here, the driver must stand on one leg with the other about six inches off the ground while counting aloud. The officer watches for indicators of impairment, such as swaying, using arms for balance, or putting the foot down.

Limitations and Inaccuracy of Field Sobriety Tests

Field sobriety tests are subjective and can often yield inaccurate results. While these tests may be standardized, they are still susceptible to human error, environmental factors, and the physical condition of the driver.

Some common limitations and inaccuracies that can arise:

Physical and Medical Conditions: Certain medical conditions, such as inner ear disorders, neurological issues, or physical injuries, can mimic signs of impairment, leading to inaccurate results. For example, someone with vertigo may struggle with balance during the one-leg stand test, even if they are not impaired.
Environmental Factors: Uneven road surfaces, weather conditions, poor lighting, and nearby traffic can all affect the accuracy of field sobriety tests. If the walk-and-turn test is performed on an uneven surface, a sober person may have difficulty maintaining their balance.
Officer Interpretation: FSTs rely heavily on an officer’s interpretation of the driver’s performance. Officers may unintentionally misinterpret a driver’s actions, particularly if they expect impairment. Small errors, like missing a step or swaying slightly, may be noted as signs of intoxication even when they aren’t.

In the landmark case of State v. Taylor, 648 So. 2d 701 (Fla. 1995), the Florida Supreme Court recognized that field sobriety tests are not scientifically reliable for determining intoxication and that these tests must be corroborated by other evidence to hold up in court. This case underscores that FSTs alone do not definitively prove impairment and may be challenged in a South Florida courtroom.

Defense Strategies for Challenging Field Sobriety Tests

An experienced criminal defense attorney in Fort Lauderdale can employ a variety of strategies to challenge field sobriety test results in DUI cases.

Some common criminal defense strategies: Continue reading

November 6, 2024

Can You Get a DUI Charge Dismissed? Common Defense Strategies of Fort Lauderdale DUI Lawyers

By The Law Offices of Richard Ansara, P.A.

Facing a Fort Lauderdale DUI charge can be an overwhelming experience. But it’s important to remember that an arrest doesn’t necessarily mean conviction. In Florida, DUI charges are serious, with potentially life-altering consequences that include hefty fines, license suspension, and even jail time. However, there are ways to fight these charges. Working with an experienced Fort Lauderdale criminal defense attorney can open up several defense strategies that may lead to reduced charges—or even a dismissal.

Here’s a look at some common and effective DUI defense strategies in Fort Lauderdale and how they might apply to your case.

1. Challenging Field Sobriety Tests

Field sobriety tests, which typically include the “walk-and-turn,” “one-leg stand,” and “horizontal gaze nystagmus” (eye movement test), are often administered by a deputy or police officer at the scene of a DUI stop. These tests are supposed to help law enforcement officers gauge whether someone is under the influence. But they are far from foolproof. In fact, many factors unrelated to alcohol consumption can influence performance on these tests, such as anxiety, fatigue, weather conditions, and physical limitations.

For example, in the case of State v. Bastos, 985 So. 2d 37 (Fla. 2008), the court acknowledged that field sobriety test results could be questioned if the testing environment was compromised or the instructions were unclear. If an attorney can demonstrate that the test was improperly administered, or that external factors made the results unreliable, these test results might be deemed inadmissible in court. An experienced Fort Lauderdale DUI lawyer can thoroughly investigate how the test was conducted and whether it was fair.

2. Questioning Breathalyzer Accuracy and Reliability

Breathalyzer tests are a cornerstone of DUI evidence, but these machines aren’t infallible. Factors such as calibration, operator error, and even the defendant’s physiological conditions (like acid reflux or certain medical conditions) can all impact the reliability of breath test results.

In Robertson v. State, 604 So. 2d 783 (Fla. 1992), the Florida Supreme Court recognized that breathalyzer devices require strict maintenance and calibration to provide accurate readings. Florida law mandates regular calibration of breathalyzer devices under stringent guidelines. An attorney skilled in DUI cases can investigate whether the device used in your case was properly maintained and calibrated. If the breathalyzer wasn’t correctly calibrated or maintained, the attorney can file a motion to exclude the results from evidence, which may significantly weaken the prosecution’s case. Continue reading

October 9, 2024

How a Broward DUI Conviction Can Impact Your Professional License

By The Law Offices of Richard Ansara, P.A.

If you’re a licensed professional in Florida and have been charged with driving under the influence (DUI), the potential consequences extend far beyond fines, license suspension, or jail time. One of the most significant impacts you may face is the threat to your professional license, which can directly affect your livelihood. Whether you’re a healthcare provider, lawyer, teacher, or hold another type of professional certification, a Broward DUI conviction can trigger disciplinary actions by your licensing board.

As a Fort Lauderdale criminal defense attorney experienced in handling DUI cases, I understand how vital your professional license is to your career and future. Here, we’ll explore how a DUI charge or conviction can impact your professional standing in Florida and the strategies that can be employed to minimize these adverse effects.

How Does a DUI Impact Professional Licenses?

In Florida, many professions are regulated by licensing boards, which set strict ethical and legal standards for their members. When a licensed professional is charged with or convicted of a DUI, it’s common for these boards to conduct their own investigation to determine if the offense constitutes a violation of their regulations. The severity of the impact depends on several factors:

Type of Profession. Different licensing boards have varying levels of scrutiny when it comes to DUI charges. For example, healthcare professionals, including doctors and nurses, are often held to particularly high standards, and a DUI may be seen as a risk to patient safety. Lawyers, educators, real estate agents, and financial professionals may also face disciplinary action after a DUI.
Type of DUI Charge. A first-time misdemeanor DUI may lead to lesser consequences compared to a felony DUI. A felony DUI is typically charged when the offense involves repeat offenses, injury, or death, and carries more severe penalties, both in criminal court and with licensing boards.
Aggravating Factors. Certain circumstances can increase the severity of the DUI charge and the likelihood of professional consequences. For instance, a DUI with a high blood alcohol content (BAC), a minor in the vehicle, or an accident resulting in injury can have a more substantial impact on your professional license.
License Renewal and Disclosure. Most professional boards require licensees to disclose any criminal convictions, including DUIs, when renewing their license. Failing to report a conviction can result in even more severe penalties than the DUI itself, including license revocation.

Potential Consequences from Licensing Boards

If you’re convicted of a DUI in Broward County, you could face several types of disciplinary action from your professional licensing board, including: Continue reading