DUI defense attorney

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

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.

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

January 21, 2019

Birthday Bummer: Florida DUI Defense Lawyers Fight So it Won’t Follow You for Years to Come

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

As long-time Fort Lauderdale DUI defense attorneys, we’ve encountered plenty of cases where defendants were arrested for drunk driving on America’s birthday (July 4th), around the holiday recognized for Jesus Christ’s birth (Dec. 25th) and of course the birth of each new year (Jan. 1st). Still, there is one holiday that sometimes gets overlooked as one accompanied by a seemingly higher risk of DUI arrest: Your own birthday.

Studies (including one published in the Journal of Consulting and Clinical Psychology) have shown binge drinking is especially common on one’s 21st birthday, though the research didn’t specifically indicate this directly correlated with an uptick in drunk driving for celebrants. (It should be noted that if you are out celebrating your 21st birthday and are stopped prior to midnight on your actual birth date, the threshold for intoxication is far more stringent, the legal limit being 0.02 blood-alcohol concentration versus 0.08.)

Recently, R&B singer Marcus Cooper, Florida native, member of the hip-hop group Pretty Ricky and reality show cast Love & Hip Hop: Miami, made headlines for a recent birthday DUI arrest in Miami Beach. Vibe Magazine reported a Miami Beach police officer clocked Cooper’s SUV speed at 100 mph in a 45 mph lane around 3:45 a.m. The officer alleged he witnessed the driver, later identified as Cooper, swerving and coming dangerously close to a collision with another vehicle. Interestingly despite this account, the officer officially cited the dark tint on the vehicle’s windows as the reasonable cause for initiating the traffic stop. The singer agreed to undergo a field sobriety test (which, side note, is not required by state law the way chemical alcohol and drug testing is under F.S. 316.1932, Florida’s implied consent statute). The officer reported the singer’s bloodshot eyes, slurred speech and comment that he’d been “partying for his birthday.” Defendant allegedly blew more than twice the legal adult driver alcohol limit of 0.08. The officer further alleged resistance and threats to phone a few famous friends. In an Instagram video (later deleted), Cooper lamented his 38th birthday was ruined and denied the charges, which in addition to DUI include resisting arrest without violence, reckless driving and driving with a suspended license. Continue reading

March 5, 2018

Challenging Drug Recognition Expert Testimony in Florida

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

It’s become increasingly common in Florida DUI cases for prosecutors to rely heavily on the investigation and testimony of drug recognition experts (DREs). These are police officers who are specially trained to recognize the signs of impairment in drivers who are under the influence of drugs.

Last year, the Governors Highway Safety Association reported that for the first time, drivers killed in crashes are more likely to be on drugs than drunk. Forty-three percent of drivers tested in fatal crashes had used a legal or illegal drug, surpassing the 37 percent who tested above the legal limit for alcohol. It’s worth noting that researchers were unable to definitively say there was a causal link between the presence of those drugs and the crash, or even that the drugs were present in levels that indicated impairment.

F.S. 316.193 makes it clear that no driver is allowed to be in actual physical control of a vehicle while under the influence of any substance – legal or otherwise – if it impairs his or her normal faculties. But while legislators have created a per se limit of intoxication that pertains to alcohol consumption (0.08 or more grams of alcohol per 100 milliliters of blood or per 210 liters of breath), no such cut-off exists for drug impairment. That means the question of whether someone is “under the influence” is often a subjective question that comes down to the observation of the arresting officer – who has more credibility in a courtroom with DRE certification. That does not mean the assertions made by that officer are correct. Our Fort Lauderdale DUI defense attorneys encourage all defendants to remain respectfully silent during questioning and ask to speak to a defense lawyer as soon as possible. Continue reading

February 22, 2018

Florida Supreme Court Rejects DUI Blood Sample Challenge

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

In a per curium ruling, the Florida Supreme Court upheld an appellate court decision rejecting defense challenges to blood sample collection of suspects in felony DUI cases. It was a case watched closely by many Florida DUI defense lawyers because had the court ruled in defendant’s favor, it could have meant the potential for numerous successful challenges to pending DUI cases. Now it appears there will be no change.

The DUI conviction was a high profile one which you may recall involving a South Florida polo mogul and a recent college graduate in his early 20s. Defendant is serving a 16-year sentence following conviction on charges of DUI manslaughter after the fatal crash killed the young man, who drowned after his vehicle was launched into a canal.

This is one of a string of challenges he has mounted to fight the validity of the charges and his subsequent conviction. His South Florida defense attorneys argued people subjected to DUI blood tests in Florida have no opportunity to make sure the blood samples are scientifically reliable. Further there are no guidelines for the type of needle used and no independent assurance that testing labs will discard samples that are clotted or irregular prior to felony DUI cases going to trial. Continue reading

January 20, 2018

Appellate Court: Forced Drug Tests in Fatal DUI Arrest Were Unconstitutional

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

Felony convictions against a man accused of killing two while driving drunk were reversed recently by an appellate court in Illinois, which ruled the DUI testing after his arrest was unconstitutional.

Although this issue takes place outside of Florida, it’s one motorists in the Sunshine State have had to grapple with as well. It was a very similar case before the U.S. Supreme Court in 2013 with Missouri v. McNeely. That was a landmark case in which the court ruled that when it comes to drunk driving investigations, the natural dissipation of alcohol in one’s blood stream is not sufficient grounds to argue exigent circumstances in every case that would justify conducting a blood test absent a warrant. In other words, there may be some cases in which a warrantless blood draw is justified, but it has to be based on more than just the fact that alcohol quickly leaves the body.

Even with that instruction, courts across the country continue to grapple with these questions, trying to balance the scales between the rights of the accused and gathering all pertinent information in these serious felony cases. Continue reading

January 4, 2018

Florida DUI Manslaughter Convict Faces Failure to Appear Charges After 14 Years on the Run

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

Facing down a criminal conviction can be incredibly unnerving, but fleeing can leave you in even bigger trouble than before you started. That’s because failure to appear is a charge in and of itself that can have serious consequences, even if you are ultimately found not guilty of the original crimes.

This was seen recently in a case involving a Bahamian man who reportedly fled the country while awaiting sentencing for his DUI manslaughter conviction in 2000 following a crash that resulted in the death of a 44-year-old married mother of two. He was fighting his conviction first in Palm Beach County courts and then in his native country, but he lost his appeal in 2003 and was ordered to report to Palm Beach County to serve his sentence, according to the Palm Beach Post. Instead, he allegedly cut off his ankle bracelet and fled. He was arrested by authorities in the Bahamas and after exhausting all appeals, was extradited. Now in addition to the DUI manslaughter conviction, he is facing two failure to appear charges.

F.S. 843.15 outlines failure of defendant on bail to appear. The law says that anyone who is released pursuant to F.S. Chapter 903 and who willfully fails to appear before any court or judicial officer as required incurs a forfeiture of any security that was promised or given as a condition of release. If he or she was released in connection with a felony charge or while awaiting sentence or pending appellate court review after conviction, it’s considered a third-degree felony, meaning it’s punishable by up to five years in prison. That’s on top of the original sentence. Continue reading

November 15, 2017

Benefits of Getting Your Florida DUI Reduced to Reckless Driving

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

Following a Fort Lauderdale DUI arrest, the primary goal of our DUI defense attorneys is to challenge the charge outright and secure a dismissal or not guilty verdict. However, when the unfavorable evidence is substantial and chances of that are slim, we may adjust our strategy to negotiate with prosecutors, requesting to amend the charge from DUI to the less serious offense of reckless driving.

This is precisely what golf pro Tiger Woods did after his Florida DUI arrest in Palm Beach County earlier this year. Authorities arrested him after he was reportedly found passed out at the wheel of his vehicle. He was accused of intoxication with prescription drugs and marijuana. There was no alcohol in his system. He would later release a statement saying he was attempting to self-medicate to relieve pain from a previous back surgery and insomnia.

By pleading down to reckless driving, F.S. 316.192, as opposed to DUI, F.S. 316.193, defendants can avoid many of the negative consequences that accompany the more serious charge. Continue reading