DUI defense

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

October 15, 2020

What to Consider Before Hiring a Fort Lauderdale Criminal Defense Lawyer

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

If you’re searching for a great criminal defense lawyer, chances are you’re not in a great situation. That can make the process even more stressful. There are numerous important factors you need to consider, and it’s a good idea to make a checklist before reaching out to anyone.

The very basic checklist is to find a defense lawyer who is licensed to practice in Florida, has the qualities you’re seeking and can offer the attention to your case that it requires. Doing a little research can go a long way. 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.

October 21, 2017

Note to Florida Defendants: Don’t Try to Crowdfund Your DUI Restitution

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

In cases that result in drunk driving convictions, a judge may assign varying penalties, depending on things like defendant’s prior criminal record and whether anyone was injured. In some cases that result in direct injury to another person, the court may order restitution. This is money paid by defendant to the victim in order to compensate for certain losses.

It is separate and apart from any civil liability action that may be taken by victim(s). Victims can sue a drunk driver in civil court to obtain compensation for things like medical bills, lost wages, loss of life enjoyment, pain and suffering, etc. The circumstances under which restitution may be compelled are spelled out in F.S. 775.089.

If a judge in a criminal case orders you to pay restitution, it would be unwise to seek the public’s help in paying it. The reason is that while the intention is to compensate the victim, criminal courts are concerned with penalizing poor choices. That means the person who commits the crime is responsible to pay the penalties for that violation. Recently, a man convicted of two counts of DUI manslaughter in Texas raised ire and generated headlines when he created a GoFundMe account to help pay his court-ordered restitution following a conviction for a crash that killed to highway workers. At the time, defendant’s blood-alcohol concentration was 0.118, more than double the legal limit. Continue reading

August 15, 2017

Pleading Down to Reckless Driving After Florida DUI

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

Recently, pro-golfer Tiger Woods agreed to plead guilty to reckless driving and enter a diversion program, in exchange for prosecutors dropping DUI charges against him.

ESPN reports the Florida DUI arrest occurred after Woods was found sleeping in his sports car, allegedly under the influence of sleeping medication and painkillers. No alcohol was found in his system. Following the diversion program, he will have the opportunity to ask the judge to expunge the reckless driving conviction.

As our DUI defense attorneys can explain, this is a somewhat typical outcome in a case like this in cases where:

Defendant has no prior criminal record;
Defendant did not harm anyone or cause property damage;
Prosecutors may not have the strongest case (i.e., intoxication via drugs is tougher to prove than alcohol impairment);
One is represented by an experienced attorney.

July 10, 2017

DUI Manslaughter Can Be Charged Despite No Blood or Breath Alcohol Testing

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

Earlier this year, prosecutors in Broward County filed charges against a man who allegedly caused a New Year’s Day crash in Fort Lauderdale that killed a teenager. However, despite there being no breath or blood evidence, prosecutors still chose to file a charge of DUI manslaughter. How can this be?

For the answer, we look to F.S. 316.193, Florida’s DUI statute. In order to prove a defendant was driving under the influence, prosecutors need to show the individual was driving or in control of a motor vehicle and that they also met one of the following criteria:

Had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood;
Had a breath-alcohol level of 0.08 or more grams of alcohol per 210 milliliters of breath;
Were under the influence of any alcohol or chemical substance to the extend the person’s normal faculties were impaired.

It is that last provision on which prosecutors are hanging their hat in this case. Continue reading

May 14, 2017

Florida Arrest for DUI Child Endangerment: Woman 4x Legal Limit

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

Authorities made a South Florida arrest for DUI and child endangerment in Boynton Beach after allegedly discovering a woman drunk behind the wheel of a car in a parking lot with four children jumping in and out of the sunroof.

According to The Sun Sentinel, the engine of the vehicle was running. It was about 7:30 p.m. and the vehicle was parked in a Publix grocery store parking lot. In the front passenger seat, police say, was a half-empty jug of sangria. The 34-year-old woman in the driver’s seat allegedly had a blood-alcohol concentration of .358, which is more than four times the legal amount of 0.08. This was after she agreed to undergo a blood alcohol test.

Police reported they were called to the parking lot after several witnesses said they had tried to chase the young children out of harm’s way, as they were running around the parking lot and were almost struck by vehicles entering and leaving. One witness called dispatchers and said they had seen the driver drinking in the car from a large jug of wine. Continue reading