DUI arrest Fort Lauderdale

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

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

Articles Tagged with DUI arrest Fort Lauderdale

Protecting Your Rights After DUI Arrest in Fort Lauderdale Festival Season

Festival Season in Florida Means More Law Enforcement Presence

Are DUI Checkpoints Legal in Florida?

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

1. Challenging Field Sobriety Tests

2. Questioning Breathalyzer Accuracy and Reliability