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

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

July 3, 2024

Penalties for a Fort Lauderdale DUI Arrest

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

A Fort Lauderdale DUI arrest has the potential to do more than halt your driving privileges. It can result in jail time, major fines, and close the door to many opportunities – including those years down the road that may not even be on your radar yet. It can be tough to wrap your mind around the fact that one mistake made in a moment of poor judgment can have such a serious and lasting impact – but it’s true. The best way to minimize a negative outcome and long-term implications (some of which you may not have even realized existed) is to hire a Fort Lauderdale DUI defense attorney.

While driving impaired is often a one-time error for a lot of people, it’s something police in Broward County come across a fair amount. According to the Florida Department of Law Enforcement (FDLE), there are roughly 1,300 DUI arrests in Broward in an average year. Along with assaults, drug arrests, and theft, it’s among the top 5 most common criminal charges filed in Broward County.

Florida DUI Statutes

F.S. 316.193 is the primary Florida DUI statute. It spells out the criteria for determining driver impairment and the potential penalties.

One of the first things people want to know after a DUI arrest is, “Am I going to jail?” The answer is, “Probably yes, at least for booking. But how long you stay there – and the seriousness of the other penalties you face thereafter – depends on a number of factors that are going to be specific to your case.”

If it’s your first offense, you’re over the age of 21, don’t have a BAC of 0.15% or higher and you didn’t cause an accident, hurt anyone, or have a child under 18 in the car, you’re most likely facing a second-degree misdemeanor. You’ll be looking at fines ranging from $500 to $1,000, up to 6 months in jail, up to 1 year of probation, 50 hours of community service, vehicle impoundment, possible interlock ignition mandate, and completion of a DUI substance abuse course. Continue reading

June 6, 2024

6 Ways Fort Lauderdale DUI Lawyers Fight the Charges Against You

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

Fort Lauderdale DUI lawyers know that even when the evidence against you seems overwhelming, there are always strategies to minimize the damage. Some clients are surprised at how effective a skilled defense lawyer can be, particularly when they know their actions may have crossed certain legal boundaries.

According to recent state law enforcement data, there were an estimated 1,300 DUI arrests in Broward County in a single recent year. But arrest doesn’t mean guaranteed conviction – particularly if you prioritize legal representation.

A Florida DUI conviction can have serious consequences — for your freedom, your finances, and your future. Even if you know you were in the wrong, do not simply resign yourself to pleading guilty to DUI until you have first consulted with a Fort Lauderdale DUI defense attorney. We can explain exactly what a guilty plea to F.S. 316.193 will mean for you, and offer possible defense approaches that could work substantially in your favor.

Fort Lauderdale DUI Defense Strategies

Not every defense strategy will work for every situation. That’s why it’s important to have a lawyer look at the individual facts of your case, compare it to existing law, and map out potential weaknesses in the prosecution’s case. Some of the elements we’ll be examining closely:

How did the officer handle the stop?

Drivers can’t be pulled over for absolutely no reason. The officer must have reasonable suspicion that the driver violated the law — either a traffic law or some other. They can’t merely stop you on a hunch or gut feeling. They have to be able to clearly articulate good cause for their action. DUI checkpoints may be the exception, but even then, certain rules must be followed. If the stop was invalid from the start, any evidence gleaned thereafter can be tossed.

What kind of field sobriety tests were administered?

Standardized field sobriety tests are frequently used in DUI stops, but they aren’t an exact science — and police aren’t scientists or medical professionals. There are many peer-reviewed studies by actual scientists who concluded field sobriety tests may only be accurate 30% to 60% of the time. Courts allow them to be used as evidence to support an officer’s conclusion, but they aren’t mandatory (the way breathalyzer tests are per Florida’s implied consent law). Nor do they paint a complete picture, even if they are accurate. Our defense team will look closely at the type of test, the methodology, and the results. Continue reading

May 6, 2024

Broward Defense Attorneys Relieved Florida DUI Bill Dies in House Committee

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

A Florida bill that would have required drivers who refuse to submit to breathalyzers to immediately install ignition interlock devices has died in the House committee.

Broward defense lawyers had been greatly concerned that the proposed Florida DUI law would run afoul of 4th Amendment Due process rights.

HB 39 and its companion bill, SB 260, would have required any driver arrested for DUI who refuses to submit to a lawful breath test to automatically be required to install an ignition interlock device on their vehicle. This would be done at the driver’s own expense – which can cost anywhere from $670 to $1,610 The first refusal would result in a one-year license suspension and subsequent incidents of refusal would result in an 18 month license suspension. The DMV would require such placement before issuing a permanent or restricted driver’s license related to such refusal.

For those who may be unfamiliar, ignition interlock devices are small, electronic devices (about the size of a cell phone) wired to a vehicle’s ignition that require the driver to provide a breath sample negative for alcohol before the car will start. Drivers may also be periodically required to provide a breath sample to ensure they aren’t drinking while driving.

The reason this particular bill rankled Broward defense lawyers is because it appeared to impose a penalty right after arrest – not as a punishment following conviction. People arrested are innocent until proven guilty. This is a fundamental foundation of our criminal justice framework. To impose a penalty on someone incidental to arrest, when they are still presumed innocent, is a violation of due process. Continue reading

January 15, 2024

Broward DUI Lawyer: Proposed Florida DUI Law Sidesteps Defendant Due Process

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

Twin bills in the Florida House and Senate threaten to undercut the due process rights of defendants facing Broward DUI charges. HB 39 and SB 260 would require drivers who refuse to take a breathalyzer to install ignition interlock devices at their own expense – regardless of whether they are ultimately found guilty of violating F.S. 316.193, Florida’s DUI statute.

As a Broward DUI lawyer can explain, the proposed statute is aligned the existing implied consent law, F.S. 316.1932. Essentially, this law establishes that driving is a state-extended privilege, as opposed to a right. Therefore, by operating such a vehicle, the state has the right to impose certain requirements. One of those is that drivers agree to the condition that if they are going to drive, they have impliedly given their consent to submit to approved chemical or physical testing (namely breathalyzer tests) for the purposes of determining whether he/she was driving under the influence of alcohol. Such tests must be incidental to a lawful arrest and administered by a law enforcement officer who has reasonable cause to believe the driver is under the influence.

If a driver in these circumstances refuses to submit to a breathalyzer test, their driver’s license is automatically suspended for one year. This is true regardless of whether they are ultimately convicted of a DUI. For second or subsequent refusals, the suspension is 18 months. Continue reading

October 2, 2023

Can I Really Get a Fort Lauderdale DUI on a Golf Cart?

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

Golf carts are a way of life in some Florida communities. They’re easy-to-operate, low-speed, agile, and perfect for traversing short distances when the weather is good. That said, it is absolutely possible for someone to get a Fort Lauderdale DUI on a golf cart if they are operating one while intoxicated. What’s more, Florida has become increasingly strict on golf cart operators in recent years, going so far as to raise the minimum age and license requirements in a law that just went into effect.

As our Fort Lauderdale DUI defense lawyers can explain, driving a golf cart under the influence of alcohol or other intoxicating substances is just as illegal as if you were driving a car. F.S. 316.193 indicates that drivers shouldn’t operate “a vehicle” while under the influence of alcohol or drugs. In another statute, F.S. 316.003(108), a “vehicle” is defined as every device in, upon, or by which a person or property can be transported or drawn upon a highway. That’s a broad definition, and it can include not just golf carts, but ATVs, bicycles, mopeds, and even riding lawn mowers.

In F.S. 320.01(22), golf carts are defined as a motor vehicle designed & manufactured for operation on golf courses and/or for sporting and recreational purposes. They aren’t typically made to go faster than 20 mph, and owners aren’t statutorily required to carry personal injury protection insurance or bodily injury liability insurance. Florida law limits golf cart operation to roads with a posted speed of 30 mph or less, though local government entities can pass more restrictive rules. Operators have to comply with whichever rule is more strict.

Just recently in South Florida, a 20-year-old was arrested by authorities in Monroe County for allegedly driving a stolen golf cart while intoxicated down the U.S. 1 highway. (The only time golf carts can be operated on part of the state highway system, per Florida law, is either it’s been designated by the DOT or local government as safe OR if to cross a portion that intersects with a county or city road or trailer park/golf course subdivision that allows golf carts.)

A new law was passed just this year to tighten the rules on golf cart operation. Continue reading

September 15, 2023

Arrested for a Fatal Car Accident in Fort Lauderdale? Here’s What You May Be Facing.

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

If you’re a driver who survives a deadly crash when others didn’t, it’s a unique kind of nightmare. Of course you didn’t intend harm. Maybe it wasn’t even wholly your fault. Nonetheless, lives were changed irrevocably – your own included. That is especially true if you’re arrested in connection with a fatal car accident in Fort Lauderdale.

Just because a fatal crash occurs (as they do roughly 3,500 times a year in Florida, according to the FLHSMV), it does not necessarily mean the driver(s) will face criminal charges. You might only face a traffic citation.

Criminal traffic charges are typically only filed when there is evidence of willful/wanton recklessness. Not mere carelessness, but reckless driving in a manner likely to cause great bodily harm or death. That can include street racing, being drunk/under the influence, fleeing a law enforcement officer, greatly excessive speeding (significant enough to be considered reckless), or engaging in acts of road rage (weaving through traffic, aggressively cutting people off, etc.).

The other primary catalyst for criminal charges filed in fatal Florida traffic accidents is a driver leaving the scene of an accident, better known as hit-and-run.

As a Fort Lauderdale criminal defense lawyer can explain, charges might not be filed immediately after the collision. It’s going to take time for investigators to piece together what they think happened. Some arrests don’t happen until months after the fact. It’s a really good idea if you were a driver in a fatal Broward crash to seek immediate legal counsel from a criminal defense lawyer – even if you aren’t sure whether you did anything wrong. This will help ensure your rights are protected and that you don’t speak out of turn in a way that could threaten your freedom or your future.

Criminal vs. Civil Traffic Crash Cases

Fatal crashes sometimes result in two separate judicial proceedings: One civil, one criminal.

In the civil justice proceedings, the question will be whether the defendant driver was negligent, meaning they failed in their duty to use reasonable care in operating the vehicle, resulting in the death of another person. Such cases are filed by the decedent’s surviving loved ones or their estate. If negligence is proven by a preponderance of the evidence, the defendant may be financially responsible to pay money to the survivors/estate.

In the criminal justice proceedings, the question will be whether there is proof beyond a reasonable doubt that the defendant driver violated state law, and thus deserves to be punished according to the state’s criminal code.

The proof burden for criminal cases is far higher than for civil cases. That’s the reason a person might not face criminal charges, but could still be found liable in civil court.

Recent Broward Fatal Crash Criminal Cases

Recently, a number of fatal crashes in Broward County have made headlines. Among them:

A 42-year-old arrested for two counts of reckless driving and one count of vehicular homicide in Fort Lauderdale after the crash death of a motorcyclist.
A 20-year-old arrested for two counts of vehicular homicide, multiple counts of reckless driving, and numerous drug charges following a fatal Tamarac rollover crash that killed two women and injured five other people.
A 16-year-old unlicensed teen driver and his father arrested for reckless driving and vehicular homicide for the death of a pregnant ICU nurse and critical injury to her 8-year-old son in Miramar. The teen was allegedly under the influence of marijuana and driving 113-miles-per-hour in a 45 mph zone. The teen’s father wasn’t in the vehicle at the time, but his criminal charges stem from the fact that he provided his unlicensed teen with a vehicle.

Penalties for Fatal Crash Criminal Charges in Florida

July 1, 2023

4 Ways a Fort Lauderdale DUI Lawyer Can Challenge the Charges

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

In a single recent year, there were nearly 1,300 DUI arrests in Broward County, according to the Florida Department of Law Enforcement. If you’re one of those who has been arrested for driving under the influence in South Florida, there are many strategies that an experienced Fort Lauderdale DUI lawyer may employ to help you successfully challenge the charges.

Of course, it always comes down to the unique circumstances – and these should be discussed with your defense lawyer as soon as possible after an arrest.

That said, some of the approaches we find often gaining traction with impaired driving cases in particular include:

December 11, 2022

Can You Be Convicted of a West Palm Beach DUI if You Refuse a Breathalyzer Test?

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

In Florida, breathalyzer tests are one of the most common tools used by law enforcement officers to glean proof of the blood-alcohol concentration of a motorist suspected of driving under the influence (DUI), in violation of F.S. 316.193. But can you refuse to take the test? Can you be forced to take one? If you refuse, can you still be convicted?

Short answers:

Yes – but not without consequences.
No – though officers can initiate a non-consensual blood draw in some circumstances.
Yes – because breathalyzers aren’t the only relevant evidence in Florida DUI cases.

Implied Consent in Florida

As our West Palm Beach DUI defense attorneys can elaborate, Florida has an implied consent law (F.S. 316.1932). This law states that anyone who accepts the privilege of operating a motor vehicle in this state is deemed to have given consent to submit to an approved chemical or physical test administered by authorities for the purpose of determining the alcoholic content of his or her blood or breath. The test must be incidental to a lawful arrest, administered by a law enforcement officer who has reasonable cause to believe the person was driving or in actual physical control of the vehicle while under the influence of alcohol.

Reasonable suspicion of a DUI can include things like:

A driver traveling far below the speed limit with road conditions that don’t justify it.
A driver who is swerving or operating the vehicle erratically.
Failure to obey traffic signals.
High beams kept on despite incoming traffic.
No headlights on at night or at other times of low visibility.
Tailgating/following too closely.
Frequent stops or braking for no apparent reason.
Illegal turns.
A driver nearly hits an object, other cars, or pedestrian.

As to whether it’s better to submit or refuse, there are pros and cons to each. Refusal to submit to testing under the state’s implied consent law will result in an automatic one-year license suspension, and your refusal can be used against you in criminal court. That said, refusal effectively deprives prosecutors of a key piece of evidence that can be used against you in the DUI criminal case.

It’s worth noting that if you do choose to submit, there is an extensive history of technical problems associated with the Intoxilyzer 8000 (the machine most commonly used to administer roadside breath tests). Much of it comes down to human error and improper training on how to use the device to glean effective BAC results. These facts might be used by South Florida DUI defense lawyers in challenging the BAC results.

Florida DUI Convictions Don’t Require Breathalyzer Results