Fort Lauderdale Criminal Attorney Blog
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.
That said, there are about 10 states that don’t allow sobriety checkpoints because their courts have ruled they violate state constitutions or statutes. Florida is not one of those. For example, in the 1996 Florida Supreme Court ruling in Campbell v. State of Florida, justices affirmed the legality of sobriety checkpoints, but also established guidelines to ensure they are lawful. Police are required to have a written, pre-determined plan outlining how checkpoints will operate – including the location, duration and selection criteria for stopping vehicles. If protocols aren’t followed, evidence obtained during that stop may be inadmissible in court (which usually leads to DUI charges being dropped).
Special Factors During Florida Festival Season
Fort Lauderdale’s unique environmental conditions and the bustling event atmosphere can create lawyers of complexity to what might seemingly be a run-of-the-mill DUI case.
For example, high temperatures can impact alcohol absorption. Heat exacerbates dehydration – something that can catch a lot of South Florida visitors off guard. Because it potentially alters the way in which alcohol is absorbed or metabolized, it’s possible this could impact breathalyzer accuracy. Warmer temperatures and higher humidity can cause a breathalyzer to give a higher reading because alcohol evaporates faster in warmer conditions. This is why people with a fever sometimes get false positives.
Another situational factor to consider during festivals are the complex road layouts. Large festivals, such as the Tortuga Music Festival, often result in traffic congestion and altered road patterns. Even those who know the area can become confused. Someone who consumed alcohol – but isn’t legally drunk – may appear to be impaired while navigating unfamiliar routes because they’re driving erratically or having trouble following GPS instructions.
Something else to keep in mind is the possibility of law enforcement setting up mobile testing units near festivals. Mobile breath testing units near festival venues are fairly common – but these devices may be more prone to improper maintenance or operator error that might invalidate results.
It’s worth noting that smartphone breathalyzers marketed to consumers tend to underestimate one’s BAC by 0.01% or more — something to keep in mind if that’s what you’re relying on to ensure you’re legally Ok to drive after attending a festival.
Know Your Rights During Fort Lauderdale DUI Stop
If you are stopped on suspicion of DUI in Fort Lauderdale:
- Remain silent. You aren’t required to answer any questions about your alcohol consumption. You should answer your name and address and provide your license and insurance information. Beyond that, keep your responses to a polite but firm, “I am invoking my right to remain silent” or “I choose to remain silent.” Avoid volunteering any information. If police continue to press you with questions, clearly state that you wish to talk to an attorney before answering any further questions.
- Consider whether you want to refuse field sobriety tests. These tests, such as the on-leg stand, walk-and-turn and horizontal gaze nystagmus, are subjective and not mandatory – but they can still provide strong evidence of your impairment if you agree to submit to them. While refusing a breathalyzer test will result in an automatic one-year license suspension under Florida’s implied consent law, there’s no penalty for refusing to submit to a field sobriety test. Particularly if you have taken any drugs or had anything to drink, it may be in your best interest to decline the field sobriety test.
- Know the consequences of refusing a breathalyzer test. As previously mentioned, refusing to submit to a breathalyzer test at an officer’s request will result in a one-year license suspension. That said, no breathalyzer test may weaken the prosecution’s case against you. It’s important to understand too that refusal doesn’t have to mean you verbally stated, “I won’t take the test.” If you’re aggressive toward the officer or generally acting in a way that makes it impossible to conduct the test, this can be construed as refusal under the implied consent law, F.S. 316.1932.
Why You Need an Experienced Attorney
Navigating the legal landscape of a DUI arrest in Fort Lauderdale can be overwhelming, especially when it involves complex issues like checkpoint legality and breath test accuracy. An experienced Fort Lauderdale criminal defense attorney understands the nuances of these cases and can craft a tailored defense strategy to protect your rights and achieve the best possible outcome.
Festival season should be a time of joy and celebration, not legal battles. By understanding your rights and enlisting the help of a skilled attorney, you stand a better chance of effectively challenging the DUI charges and focus on moving on with your life. With the right defense, a momentary lapse in judgment doesn’t have to define your future.
At The Ansara Law Firm, we have successfully defended numerous clients against DUI charges, even in high-pressure situations like festival season. If you or a loved one has been arrested for DUI during one of South Florida festivals, don’t face it alone.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
Accuracy of Consumer Marketed Smartphone-Paired Alcohol Breath Testing Devices: A Laboratory Validation Study, August 2022, Alcohol, Clinical and Experimental Research
More Blog Entries:
Field Sobriety Tests: What Fort Lauderdale Drivers Should Know About Their Accuracy and Limitations, Nov. 24, 2024, Fort Lauderdale DUI Defense Attorney Blog
