DUI Category Archives — Page 2 of 16 — Fort Lauderdale Criminal Attorney Blog Published by Fort Lauderdale, Florida Criminal Lawyer

September 20, 2022

Arrested on Vacation in Fort Lauderdale? We Can Help.

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

Fort Lauderdale is a prime destination for tourists from across the country and around the world. It’s estimated more than 120 million people flock to Florida each year – many making their way to the Southeast coast. Unfortunately, if you’re arrested on vacation in Fort Lauderdale (most often for DUI, domestic violence, drunk and disorderly, solicitation, and drug possession), your good time can quickly morph into a legal nightmare. Our Fort Lauderdale criminal defense lawyers can help.

How you proceed will depend to some extent on the severity of the crime and the specifics of the case. Chances are, if you’re arrested for a misdemeanor, you will not be held for any extended period of time in jail, but you may be expected to return. It is possible that a lawyer can resolve your case for you without you having to return, but again, it will depend on the exact circumstances. It’s also possible that the consequences of any conviction will follow you in your own district, particularly if there are any supervised release requirements.

If you’re arrested for a felony (which are more serious charges), you may expect your time in jail to be a bit longer, and your legal fees, court costs, and penalties to be more substantial.

It is important to keep in mind that simply going home will not make the charge go away. It is critical to consult with an experienced, local Fort Lauderdale criminal defense lawyer who will offer sound legal advise, ensure your rights are protected, and fight for the best possible outcome.

Some factors to consider following a Fort Lauderdale arrest on vacation: Continue reading

July 15, 2022

3 South Florida DUI Myths Busted by Broward DUI Defense Lawyers

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

More than 32,000 people are arrested for DUI in Florida every year, with about 2,100 of those being in Broward County. But despite its frequency, many Broward DUI defense lawyers will tell you that misconceptions about drunk driving arrests are rampant. Unfortunately, few people know their rights and what they should (and should not) do if they’re stopped in traffic for suspected drunk driving.

Here, our Broward DUI defense lawyers bust some of the most common South Florida DUI myths.

Myth 1: Refusing to Answer Police Questions Can Make You Look Guilty.

January 1, 2022

Fort Lauderdale DUI Misconceptions & Misunderstandings

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

When it comes to Fort Lauderdale DUI arrests, our criminal defense attorneys have heard numerous misconceptions and misunderstandings – and it can cost people bigtime in court.

Florida DUI misconceptions are frequently the result of people combing the internet in an attempt to “do their own research” about their situation. The internet contains a great deal of good information (this site, for example), but there’s also a lot of junk. Plus, every case is going to be different. It’s impossible to say how the law may apply to the specific circumstances of your case unless/until you speak with an experienced local criminal defense lawyer who can assess the facts of your case, and then carefully apply it to state law, local ordinances and common local judicial practices.
Fort Lauderdale DUI defense lawyer

Here, we outline some of the things people most often get wrong about DUI arrests and the criminal justice system process: Continue reading

April 1, 2021

Arrested for Drunk Driving in Fort Lauderdale? Hire a Defense Lawyer Now.

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

If you are arrested for drunk driving in Fort Lauderdale, one of the worst things you can do is try to navigate the legal system on your own. Even first-time offenders can face severe penalties and long-term consequences – some they may not even realize are at stake – when they don’t have someone who knows the law advocating on their behalf.

More than 32,000 people each year are arrested in Florida for drunk driving, according to the Florida Department of Law Enforcement. An analysis based on data from the U.S. Centers for Disease Control & Prevention indicated there was a 30 percent increase in the Florida DUI arrest rate from 2014 to 2018. Although we don’t yet have statewide data on 2020 DUI arrests in Florida, a report by the National Institute on Alcohol Abuse and Alcoholism indicated alcohol sales spiked sharply during the pandemic (increasing in Florida by nearly 8 percent). That could be linked with an uptick in arrests for DUI.

Our Fort Lauderdale DUI attorneys are committed to helping those accused of drunk driving or impaired driving fight the charges and the most serious repercussions associated with them. Continue reading

March 1, 2021

Arrested on Spring Break in Fort Lauderdale? A South Florida DUI Defense Lawyer Can Help.

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

If you’re visiting South Florida this spring break, the last souvenir you want to bring back is a DUI charge. If this is the situation in which you find yourself, our longtime Fort Lauderdale DUI defense lawyers can help.

Last spring was fairly abysmal for an annual spring break season in Florida, but this year is looking up. Some hotels are reporting 75-80 percent capacity, as many folks venture out for the first time in more than a year. Florida is especially popular right now because it hasn’t been as rigorous in its enforcement of health and safety measures as other states, and people from all over the country are looking for a more relaxed change of scenery.

South Beach, Fort Lauderdale and the Florida Keys remain a top spring break destination in the U.S. If you are arrested for DUI here, you could be facing substantial penalties, so it’s important to work with a local criminal defense attorney well-versed in state law and local processes and who has successfully represented numerous people arrested while visiting from out-of-town. Continue reading

November 1, 2020

Consequences of Florida DUI With Kids in the Car

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

Recently, a Florida woman was arrested for DUI manslaughter and child neglect after she allegedly crashed her SUV with four children and another adult in the car. One child, her 3-year-old daughter, died.

Although this is a profound loss this mother will grieve the rest of her life, the law does not allow for this alone to be “punishment enough.” Per F.S. 316.193, DUI manslaughter is a second-degree felony charge that carries a maximum prison sentence of 15 years.

Most DUI arrests, even those that involve crashes, do not involve deaths. However, courts in Florida take very seriously DUI cases involving minor passengers under 18, even if no one was hurt. Continue reading

July 5, 2020

South Florida Boating Under the Influence Penalties & Defenses

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

Florida has always been a boater’s paradise, though many have increasingly been taking to the water to get a dose of Vitamin Sea while still following social distancing rules. But don’t expect law enforcement to be lenient on boating under the influence violations just because we’re in the middle of a pandemic.

Boating and alcohol are a potentially deadly mix that can carry severe penalties in South Florida – even if you don’t crash and no one is hurt.

Recently in Naples, NBC-2 reported the Florida Fish & Wildlife Conservation Commission arrested a man for boating under the influence on July 4th. There were reportedly more than a dozen people on board the vessel at the time. The officer was patrolling the waters around Keewaydin Island when he noticed not only the boat, but the fact that two women, who were impaired, were in the water and trying to get back onto the vessel but could not due to the strong current. The officer took the women aboard his boat and then pulled up alongside the defendant’s vessel. The operator “appeared to be heavily intoxicated,” and the vessel appeared to be overloaded. The operator refused a breathalyzer test, but was nonetheless arrested for BUI.

Florida law enforcement authorities frequently patrol the state’s rivers, lakes, coastline and ponds – particularly during holiday weekends. Anyone who is arrested on boating under the influence charges should seek immediate legal counsel from a local South Florida criminal defense lawyer. Continue reading

March 1, 2020

Should You Refuse the Breathalyzer During a Florida DUI Sobriety Test?

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

Recent reporting by The New York Times reveals that breathalyzer tests, used in almost every police department in America, routinely generate skewed results – even though they’re marketed as being precise to the third decimal. Last year, judges in New Jersey and New Hampshire tossed more than 30,000 breathalyzer test results as evidence in DUI cases due to human error and a lack of government oversight. The same thing has happened thousands of times over across the country after tests showed that improperly-calibrated machines can show blood-alcohol percentage results that are 40 percent too high.

But does that mean drivers suspected of DUI shouldn’t take it?

Fort Lauderdale DUI defense lawyers know the answer to this truly depends on the situation, but you should know two things: Continue reading

October 1, 2019

Consequences of an Underage DUI Arrest in Florida

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

The State of Florida allows for no exceptions when it comes to driving under the influence of alcohol or drugs. In the best-case scenario it’s a mid-level misdemeanor, unless your Fort Lauderdale DUI defense attorney can help you plead down the charge or possibly succeed in having the case dismissed altogether.

Intoxicated drivers under age 21 generally don’t face consequences any more serious than those who are of-age, but the definition of “impairment” for underage drivers holds them to a much more stringent standard.

Anyone over 21 is considered to be intoxicated with the blood-alcohol concentration of 0.08, as measured either by a breathalyzer or blood test. But for drivers under 21, a BAC of just 0.02 is enough to be deemed impaired. It should be noted that those with even lower BACs than these can be arrested for DUI in Florida if, per F.S. 316.193, it is established that his/her normal faculties are impaired. Continue reading

June 28, 2019

Unconscious DUI Suspects May Have Blood Drawn by Police, SCOTUS Rules

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

Florida DUI defense attorneys know that a key part of due process in these cases from the very beginning is that if police want to secure blood from a suspect who is unwilling, they’re going to need a warrant first.

Of course, there are exceptions, which the U.S. Supreme Court has just drastically expanded. But as noted in tersely-written dissents in Mitchell v. Wisconsin from Justices Neil Gorsuch and Sonya Sotomayor, the court ended up deciding a question it was never asked.

This case arose from an incident in Wisconsin, which like Florida and dozens of other states, has an implied consent law. Similar to Florida’s implied consent law, Wisconsin holds that drivers who assume the responsibility of controlling a motor vehicle on public roads also accept the responsibility to submit to chemical testing if asked by a law enforcement officer with reasonable suspicion of DUI. In Florida, this is applicable to breath and urine samples only, with failure to do so resulting in an automatic one-year license suspension.

In a 2013 ruling, the U.S. Supreme Court held that extracting blood samples (sometimes deemed to produce more scientifically accurate results than the other two) are different because it requires a personal body intrusion. Thus, barring exigent circumstances, if a person refuses to submit to a blood test, police need to obtain a warrant to do so. A person who is unconscious cannot provide consent to such an act, and thus a warrant is required, defendant argued. But the state upheld his DUI conviction.