dui lawyer

March 17, 2025

St. Patrick’s Day DUIs in Fort Lauderdale: What You Need to Know

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

Every March 17th, Fort Lauderdale comes alive with shades of green, Irish tunes and the clink of celebratory drinks. St. Patricks’ Day is a time for fun and festivities here in South Florida, complete with parades and parties. However, St. Patrick’s Day also typically sees a sharp rise in drunk driving arrests. If you or someone you love is now facing a DUI charge after a St. Patrick’s Day celebration, it’s unwise to count on a stroke of good luck to protect your future.

At The Ansara Law Firm, our Fort Lauderdale criminal defense attorneys believe your future is worth protecting, and we won’t let you face the criminal justice system alone. We’ve seen firsthand how a single DUI arrest can impact a person’s life. But we’ve also helped many individuals navigate Florida’s legal system, preserve their rights, and move forward with strength and dignity.

The Reality of St. Patrick’s Day DUIs in Fort Lauderdale

According to the National Highway Traffic Safety Administration (NHTSA), St. Patrick’s Day consistently ranks among the top holidays for alcohol-related crashes. Nationally, there were 290 people killed in alcohol-impaired crashes during the St. Patrick’s Day holiday – from 6 p.m. March 16th to 6 a.m. March 18th – between 2018 and 2022. Drivers who are young (21 to 34), male, and driving at night were overrepresented in the crash statistics.

Florida is no exception to this troubling trend. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports March consistently sees a spike in DUI arrests and alcohol-related crashes, especially mid-month during St. Patrick’s Day celebrations. (Spring break festivities undoubtedly play a role as well.)

Law enforcement agencies across the state, including those in Fort Lauderdale and throughout Broward County, ramp up DUI checkpoints and saturation patrols around this time of year specifically for that reason. So even if you aren’t involved in a crash, you’re more likely to get arrested for a DUI around this time simply because police are specifically on the lookout for impaired drivers.

Florida DUI Laws and Penalties

If you’re arrested for DUI in Fort Lauderdale, it’s essential to understand the legal definitions and potential penalties. Under Florida Statute F.S. 316.193, a driver can be charged with a DUI if they:

Have a blood-alcohol concentration (BAC) of 0.08% or higher, or
Are under the influence of alcohol or drugs to the extent that their normal faculties are impaired.

That last bit is somewhat subjective. As a DUI defense lawyer can explain, law enforcement officers will use their own personal observations, as well as information gleaned from field sobriety tests, in determining whether one’s “normal faculties are impaired.” Unlike breathalyzer tests, field sobriety tests (such as the walk-and-turn and the horizontal gas nystagmus test) are not mandatory and you can decline to submit to them.

For a first-time DUI in Fort Lauderdale, penalties include:
Up to 6 months in jail (or up to 9 months if your BAC is 0.015% or higher OR if a minor child was in the vehicle at the time of your arrest)
Fines between $500 and $1000 (or up to $2,000 if your BAC is 0.15% or higher)
License suspension for 6 months to 1 year
Probation for up to 1 year
50 hours of community service
Vehicle impoundment for 10 days

Beyond the clear legal consequences, a DUI conviction can have other lasting repercussions on your life. These include: Continue reading

March 1, 2020

Should You Refuse the Breathalyzer During a Florida DUI Sobriety Test?

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

Recent reporting by The New York Times reveals that breathalyzer tests, used in almost every police department in America, routinely generate skewed results – even though they’re marketed as being precise to the third decimal. Last year, judges in New Jersey and New Hampshire tossed more than 30,000 breathalyzer test results as evidence in DUI cases due to human error and a lack of government oversight. The same thing has happened thousands of times over across the country after tests showed that improperly-calibrated machines can show blood-alcohol percentage results that are 40 percent too high.

But does that mean drivers suspected of DUI shouldn’t take it?

Fort Lauderdale DUI defense lawyers know the answer to this truly depends on the situation, but you should know two things: Continue reading

September 2, 2017

The Nurse, The Deputy and the Warrantless Blood Draw

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

In an explosive video that went viral recently, a Utah nurse is manhandled and arrested by a sheriff’s deputy, irate that the charge nurse refused to take a blood sample from an unconscious patient absent a warrant. He threatened her with charges like obstruction of justice. However, such charges won’t prevail when the officer’s initial directive was unlawful.

As our criminal DUI defense lawyers in Fort Lauderdale well know, the nurse was absolutely in the right. As the nurse states correctly in the video, from a constitutional standpoint, a person’s blood is his or her property. Any non-consensual search or seizure of it is subject to approval from a judge in the form of a warrant, barring exigent circumstances.

In this case, no such circumstances existed because, first of all, the badly-burned, unconscious patient in question, a truck driver, was not suspected of any wrong-doing. In fact, he is believed to be the victim of a drunk driver who swerved into the trucker’s lane of traffic, causing the rig to burst into flames, resulting in serious injury to the trucker. (The suspected impaired driver died at the scene of the crash.) 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.

August 6, 2017

South Florida DUI Manslaughter Trial Ends in Plea Deal for 9 Years

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

A South Florida man has been sentenced to nine years in prison on DUI manslaughter charges after accepting a plea deal to avoid harsher prison time after a fatal crash that claimed the life of an 85-year-old dentist.

The Palm Beach Post reports defendant will have to serve at least six years in prison following his release from prison. The last-minute deal halted the impending trial, which could have resulted in defendant receiving up to 15 years in prison, per F.S. 316.193. DUI manslaughter in Florida carries a minimum mandatory penalty of four years in prison, with a maximum of 15 years. This maximum penalty could be increased if the individual also flees or tries to flee the scene. In that case, it’s considered a first-degree felony, carrying a maximum 30 years behind bars.

Having an experienced defense lawyer can help increase your odds of a favorable outcome – or at least minimize the chances of spending more than a decade behind bars. Continue reading

July 14, 2017

South Florida Vehicular Homicide Leads to 7-Year Prison Stint

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

A DUI manslaughter conviction can upend your life, have you facing extensive prison time as well as a damaging and permanent criminal record. Criminal defense attorneys in Fort Lauderdale recognize the severity of these allegations, and will work to help you fight back against these serious charges. There may be a mountain of evidence against you, but the burden of proof is on the prosecution. Your defense lawyer can be the deciding factor in the outcome of your case by challenging the veracity of that evidence. In some cases, it may make more sense to negotiate a plea deal, something that will result in a lesser charge or a lesser penalty. It will depend on the individual facts of your case.

Recently in South Florida, a young man was convicted of vehicular homicide following a crash that claimed the life of another young person, a medical student. For this, The Miami Herald reported, he was sentenced to seven years in prison. A previous DUI manslaughter charge had to be dropped after critical errors by Florida state troopers.

F.S. 316.193 is Florida’s driving under the influence statute. Per this provision, any person who is drunk or impaired behind the wheel and causes the death of any human being – including an “unborn quick child” (i.e., the child could have survived outside the womb), you will be convicted of a felony of the second-degree, which carries a maximum penalty of 15 years in prison. It is bumped up to a first-degree felony if you fled the scene of the crash (i.e., committed a hit-and-run).

Meanwhile, vehicular homicide is spelled out in F.S. 782.071. Continue reading

January 6, 2017

NHTSA Pushes for Alcohol Detection Locks on All Cars to Curb DUI

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

The National Highway Traffic Safety Administration recently announced it would be prioritizing a reduction of drunk driving deaths this year. One of the ways agency officials will seek to do this is by exploring mandatory driver alcohol detection systems, better known as “breathalyzers” or “interlock ignition.” These devices have been around for a while, but are usually only required by a judge following a drunk driving conviction.

In Florida, F.S. 316.193 requires interlock ignition devices be installed on vehicles of certain persons convicted of DUI. The court has the option to require installation for a first-time conviction on a DUI charge, but it isn’t mandatory unless the driver had a blood-alcohol concentration of 0.15 or higher, in which case it must be installed for at least six months. For a second conviction, it has to be installed for at least one year, or two years if the BAC was 0.15 or higher. For a third conviction, ignition interlocks are required for at least two years. For four or more convictions of DUI, where the individual is only given a hardship license, the ignition interlock has to stay on the car for at least five years.

The NHTSA recently reported that of 35,100 motor vehicle deaths in 2015, 10,300 of those (29 percent) involved a driver who was impaired by alcohol with a blood-alcohol level of 0.08 or greater. Some states had higher percentages than others. In Florida, 27 percent of fatal accidents involved a driver whose blood-alcohol concentration was 0.08 or higher. Thirty-two percent involved a driver whose blood-alcohol concentration was 0.01 or higher. Although the legal limit for alcohol concentration is 0.08, anything above 0.00 could potentially be grounds for the court to find a driver was “impaired.” Continue reading

December 21, 2015

Troopers Suspect Drunk Driving in Fatal Crash on I-75 in Oakland Park

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

The driver who rear-ended an Oakland Park food truck in September, causing fatal injuries to one of the passengers, is believed to have been under the influence of alcohol, according to investigating troopers with the Florida Highway Patrol.

According to a newly-released search warrant obtained by The Sun-Sentinel, driver Joseph Decaro Jr., co-owner of a Bonefish grill in Plantation, told the trooper he was taste-testing holiday martinis with the bartenders just an hour before the crash. Decaro, who has not been arrested or charged with any crime as of this writing, allegedly told the trooper he had left work about a half hour prior to the crash and had nothing to drink a half hour before he left the restaurant.

Authorities say Decaro was operating an F-150 truck when he rear-ended a food truck in which 54-year-old Patsy Jane D’souza was riding. She wasn’t wearing a seat belt and was ejected onto the highway, where she died. The 48-year-old food truck driver suffered minor injuries.

Decaro, 45, of Miami, reportedly told the investigating troopers on scene that he and his staff were instructing bartenders on how to make certain martini drinks to ensure they were properly mixed. As he described it, he consumed, “A sip of this one, a sip of that one. Make another one, sip of this one, sip of that one.” Continue reading