Fort Lauderdale DUI defense lawyer

November 24, 2024

Field Sobriety Tests: What Fort Lauderdale Drivers Should Know About Their Accuracy and Limitations

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

Field sobriety tests (FSTs) are a common tool used by Fort Lauderdale law enforcement officers to determine whether a driver is impaired. These tests are often administered roadside after an officer pulls over a driver they suspect of driving under the influence (DUI). However, the accuracy and reliability of these tests are not as solid as they may seem. As a Fort Lauderdale criminal defense lawyer, I see firsthand the limitations of FSTs, which can be affected by numerous factors unrelated to alcohol. Understanding these limitations and possible defense strategies can be crucial to protecting your rights if you’re facing a DUI charge based on field sobriety test results.

Types of Field Sobriety Tests

There are three main types of standardized field sobriety tests that Fort Lauderdale officers use, which were developed by the National Highway Traffic Safety Administration (NHTSA):

Horizontal Gaze Nystagmus (HGN) – During this test, the officer asks the driver to follow a small object, like a pen, with their eyes. The officer looks for involuntary jerking of the eyes, which is believed to be more pronounced when someone is under the influence of alcohol.
Walk-and-Turn Test – This test requires the driver to take nine steps, heel-to-toe, along a straight line, turn, and walk back in the same manner. The officer observes for signs of impairment, such as losing balance, missing steps, or failing to follow instructions.
One-Leg Stand Test – Here, the driver must stand on one leg with the other about six inches off the ground while counting aloud. The officer watches for indicators of impairment, such as swaying, using arms for balance, or putting the foot down.

Limitations and Inaccuracy of Field Sobriety Tests

Field sobriety tests are subjective and can often yield inaccurate results. While these tests may be standardized, they are still susceptible to human error, environmental factors, and the physical condition of the driver.

Some common limitations and inaccuracies that can arise:

Physical and Medical Conditions: Certain medical conditions, such as inner ear disorders, neurological issues, or physical injuries, can mimic signs of impairment, leading to inaccurate results. For example, someone with vertigo may struggle with balance during the one-leg stand test, even if they are not impaired.
Environmental Factors: Uneven road surfaces, weather conditions, poor lighting, and nearby traffic can all affect the accuracy of field sobriety tests. If the walk-and-turn test is performed on an uneven surface, a sober person may have difficulty maintaining their balance.
Officer Interpretation: FSTs rely heavily on an officer’s interpretation of the driver’s performance. Officers may unintentionally misinterpret a driver’s actions, particularly if they expect impairment. Small errors, like missing a step or swaying slightly, may be noted as signs of intoxication even when they aren’t.

In the landmark case of State v. Taylor, 648 So. 2d 701 (Fla. 1995), the Florida Supreme Court recognized that field sobriety tests are not scientifically reliable for determining intoxication and that these tests must be corroborated by other evidence to hold up in court. This case underscores that FSTs alone do not definitively prove impairment and may be challenged in a South Florida courtroom.

Defense Strategies for Challenging Field Sobriety Tests

An experienced criminal defense attorney in Fort Lauderdale can employ a variety of strategies to challenge field sobriety test results in DUI cases.

Some common criminal defense strategies: Continue reading

November 6, 2024

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

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

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

July 3, 2024

Penalties for a Fort Lauderdale DUI Arrest

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

A Fort Lauderdale DUI arrest has the potential to do more than halt your driving privileges. It can result in jail time, major fines, and close the door to many opportunities – including those years down the road that may not even be on your radar yet. It can be tough to wrap your mind around the fact that one mistake made in a moment of poor judgment can have such a serious and lasting impact – but it’s true. The best way to minimize a negative outcome and long-term implications (some of which you may not have even realized existed) is to hire a Fort Lauderdale DUI defense attorney.

While driving impaired is often a one-time error for a lot of people, it’s something police in Broward County come across a fair amount. According to the Florida Department of Law Enforcement (FDLE), there are roughly 1,300 DUI arrests in Broward in an average year. Along with assaults, drug arrests, and theft, it’s among the top 5 most common criminal charges filed in Broward County.

Florida DUI Statutes

F.S. 316.193 is the primary Florida DUI statute. It spells out the criteria for determining driver impairment and the potential penalties.

One of the first things people want to know after a DUI arrest is, “Am I going to jail?” The answer is, “Probably yes, at least for booking. But how long you stay there – and the seriousness of the other penalties you face thereafter – depends on a number of factors that are going to be specific to your case.”

If it’s your first offense, you’re over the age of 21, don’t have a BAC of 0.15% or higher and you didn’t cause an accident, hurt anyone, or have a child under 18 in the car, you’re most likely facing a second-degree misdemeanor. You’ll be looking at fines ranging from $500 to $1,000, up to 6 months in jail, up to 1 year of probation, 50 hours of community service, vehicle impoundment, possible interlock ignition mandate, and completion of a DUI substance abuse course. Continue reading

July 1, 2023

4 Ways a Fort Lauderdale DUI Lawyer Can Challenge the Charges

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

In a single recent year, there were nearly 1,300 DUI arrests in Broward County, according to the Florida Department of Law Enforcement. If you’re one of those who has been arrested for driving under the influence in South Florida, there are many strategies that an experienced Fort Lauderdale DUI lawyer may employ to help you successfully challenge the charges.

Of course, it always comes down to the unique circumstances – and these should be discussed with your defense lawyer as soon as possible after an arrest.

That said, some of the approaches we find often gaining traction with impaired driving cases in particular include:

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

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 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

August 31, 2016

Goodman v. Florida – DUI Manslaughter Case Questions Forwarded to Florida Supreme Court

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

Florida’s Fourth District Court of Appeal recently denied Wellington polo magnate John Goodman’s motion for a rehearing in his DUI manslaughter case. However, the court did submit several questions “of great importance” to the Florida Supreme Court.

In Goodman v. Florida, Goodman asked the court to rehear his evidence regarding the testing of his blood following a fatal accident in 2010 that killed 23-year-old recent college graduate Scott Patrick Wilson. Goodman allegedly was drunk at the time of the collision and reportedly left the scene of the crash without calling emergency services. Wilson’s vehicle was later found overturned in a canal, where he drowned.

Goodman had been convicted two years later of DUI manslaughter and failure to remain at the scene of the crash. However, that conviction was later tossed due to juror misconduct and the case retried. Goodman testified he wasn’t drunk, and insists his vehicle malfunctioned and that was the cause of the crash. This was despite the fact that his blood-alcohol level was reportedly more than twice the legal limit some three hours after the crash, according to the testing that was done on his blood. He was ultimately convicted again, sentenced to 16 years in prison and fined $10,000. Continue reading

January 2, 2016

Florida DUI Defense: Auto-Brewery Syndrome

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

File this one under “strange but true”:

A New York woman recently successfully warded off a DUI conviction after presenting evidence in court that her body brews its very own alcohol. You read that correctly. This woman reportedly blew a blood-alcohol level that was more than four times the legal limit, despite having consumed nowhere near that level of alcohol.02

Despite this extremely high amount of alcohol in her blood, she was not exhibiting any of the typical symptoms of alcohol consumption when she got to the hospital. Although her blood-alcohol level would suggest she was nearing a coma-state, hospital officials wanted to release her immediately because she didn’t seem drunk at all.

Her defense lawyer was at first puzzled. The woman herself insisted she had only consumed four drinks over a six-hour period when she met her husband at a local bar/grill. Experts opined that at that rate, a woman of her size would have a blood-alcohol level of somewhere between 0.01 and 0.05 by the time she was driving home. She should have been well below the legal limit of 0.08. Continue reading