Broward DUI defense

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

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

September 15, 2024

Misdemeanor vs. Felony DUI in Florida: What’s the Difference?

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

If you’ve been charged with driving under the influence (DUI) in Fort Lauderdale, you may be wondering whether you are facing a misdemeanor or felony charge. The distinction between the two is crucial, as it can greatly impact the penalties you face and the long-term consequences on your life. As a Fort Lauderdale criminal defense attorney, I often get asked about this difference and how it affects the defense strategy.

What Is a Misdemeanor DUI?

In Florida, most DUI charges are classified as misdemeanors. This is especially true for first-time offenders. A misdemeanor DUI generally occurs when someone is caught driving with a blood alcohol concentration (BAC) of 0.08% or higher or is under the influence of alcohol, drugs, or a combination, without causing significant harm to others.

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

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.