Fort Lauderdale DUI Lawyers
Those seeking an attorney at David William can obtain pertinent facts regarding DUI from our Fort Lauderdale DUI defense attorneys and expect realistic results in their cases. With the assistance of a skilled and knowledgeable Fort Lauderdale DUI Lawyer, a person can guide themselves through the process and craft a strong defense strategy. Thus, if a Fort Lauderdale area resident has been charged with a DUI, s/he should consult with a Fort Lauderdale DUI Attorney since their driving privileges have a deadline to protect. Attorneys at our firm have handled cases involving the following:
Driving Under the Influence of Drugs
Boating Under the Influence (BUI)
Commercial Driver’s License DUI
DUI Lawyers – Fort Lauderdale: Driving Under the Influence (DUI) [Florida Statute 316.193]
Defense Attorneys for Drunk Driving in Fort Lauderdale
Our Fort Lauderdale DUI attorneys have compiled some information about the DUI statute. The crime of driving under the influence in Florida is governed by Florida Statutes Section 316.193, and certain factors may determine whether you are charged
- The alcohol present in the blood at the time of the DUI is measured by blood alcohol concentration (BAC). The legal limit for Fort Lauderdale is .08%
- When the DUI occurred, the driver was actually driving or being physically in charge of a motor vehicle
- The impairment was caused by drugs, alcohol, or a combination of both.
- Property damage was caused by the DUI.
- It was necessary to provide serious medical care to an injured party.
- It resulted in the death of someone.
- DUI(s) have previously occurred.
DUI Defense Lawyer in Fort Lauderdale, Florida
Driving under the influence (DUI) in Fort Lauderdale is punishable by a variety of offenses. Depending on the facts and circumstances of a case, a person can be subject to a variety of penalties, including severe penalties even for a first offense. An offender convicted of a first DUI offense can face criminal penalties, such as jail time and steep fines, as well as administrative sanctions, such as license suspension and other adverse consequences related to the offense. Criminal records make it harder for an individual to find a job or keep it, to get student financial aid, and to rent an apartment. DUI first-time offenders may also face punishment as follows:
- Vehicle Impoundment
- A substance abuse class
- Community service
- Installation of an ignition interlock device
DUI Defense in Fort Lauderdale – 2nd DUI Offense
Fort Lauderdale has even tougher DUI penalties for a subsequent offense that occurs within five years of the first offense, including ten days in jail. A person who commits the crime might be subject to a long jail term and a large fine depending on the facts and circumstances of the case.
Fort Lauderdale Felony DUI Defense Attorneys
Fort Lauderdale typically charges DUIs as misdemeanors, but there are some circumstances when individuals might be charged as felons. In Fort Lauderdale, felony DUI charges can be filed if:
DUI offense number three in the last five years
Defendants must have their fourth or subsequent DUI violation
As a result of the DUI, another person was killed or seriously injured
In addition to a $5,000 fine and five years of jail time for a third-degree felony DUI conviction, there is the possibility of significant jail time. Habitual traffic offenders can also face a five-year suspension of their driving privileges after being labeled as Habitual Traffic Offenders.
DUI Defense in Fort Lauderdale – Drunk Driving Manslaughter
For people facing charges of DUI manslaughter in Fort Lauderdale, a second-degree felony charge is applied when another individual is killed due to the DUI. An alleged defendant who fled the scene of the accident may be charged with a first-degree felony DUI manslaughter in Fort Lauderdale.
Fort Lauderdale BUI Lawyers – Boating Under the Influence Defense
Penalties Related to Driving a Boat While Drunk
Among the many BUI cases David Williams has handled, there are many involving Fort Lauderdale. Potential charges are outlined below. Those who are found driving a boat or vessel under the influence of alcohol or drugs, or a combination of both, are assigned to the charge of boating under the influence under Section 327.35. BUI offenses are punishable by fines and jail time of up to six months for first-time offenders. In certain cases, the penalties may be more severe depending on the facts and circumstances.
No-Cost Case Review with a Skilled Fort Lauderdale DUI or BUI Defense Lawyer
A representative at David Williams can assist with criminal defense for Fort Lauderdale DUIs and BUIs. Our track record shows that we provide exceptional results for our clients. A lawyer in Fort Lauderdale who has experience defending clients facing charges of DUI can help those accused of driving or operating a boat while under the influence of alcohol or drugs. Contact one of our experienced attorneys today for a purely confidential case evaluation at +954-522-9997.
Fighting a DUI in Florida
It is possible to challenge a DUI charge legally, administratively, or constitutionally before your trial even begins. The evidence presented by the prosecution might be disallowed by the court with a well-crafted argument, so they won’t want to go forward with the trial.
If you’re suspected of being drunk, police officers often pull you over. The techniques or examination they use after pulling you over are often sketchy or ineffective. There are a lot of officers out there who arrest people for driving under the influence who have little knowledge of the physiological effects of excessive alcohol consumption on the body.
Additionally, law enforcement officials rely on devices that have a high risk of error, both mechanical and human, to test your blood, urine, or breath for alcohol content. Also, these devices often fail the strict governmental standards required to be accepted in court, despite the fact that they are required to comply with these standards.
What are your thoughts on all the information above? To submit a good case to the jury, it is essential that the prosecution presents every shred of evidence that is available to it, or the judge will throw your DUI case out for insufficient evidence.
By challenging even one piece of evidence in the prosecution’s case against you, your DUI attorney may be able to have that evidence suppressed (not allowable at your trial), and the State may be forced to settle the case for a lesser amount. The more victories you achieve like this when defending yourself against a charge of driving under the influence, the more powerful your case will be.
Challenge the Stop
There is a specific law in Florida that only grants a police officer the right to pull you over for one of the following reasons:
You are rationally suspected by the police officer of committing a traffic violation
You are suspected of perpetrating criminal activity by the police officer
A police officer may have made an error of judgment when pulling you over, and it can be proven. Upon confirmation of this, the prosecution will be forced to drop all charges against you, and all evidence can be thrown out.
Challenge the Field Sobriety Tests
Field sobriety tests are conducted by police in most drunk driving cases before an arrest is attempted. Your assertion regarding your completion of these field tests can be challenged in a variety of ways:
Are the officer’s skills in balance and coordination based on something they know about you?
Has the officer asked you whether you have any physical limitations, such as low back pain or arthritis in your knees? Field sobriety tests can be made more difficult if you have certain kinds of physical handicaps. It would be objectionable, therefore, for your test results to prove this.
What kind of field sobriety tests did the officer administer? Was he competent? A certified alcohol recognition official can only conduct and testify about certain types of field sobriety tests, like the HGN. There are other tests that are not regarded as reliable as sobriety tests by the courts, such as the well-known reverse alphabet test.
Challenge the Breathalyzer
For a police device to be used as evidence against you, it must adhere to rigorous standards of maintenance and be closely monitored by the police. Additionally, the test must take place in a very specific manner if they are to comply with the law.
When the field sobriety test is not administered in accordance with the necessary protocol or the breathalyzer device is not maintained according to Florida specifications, the results of the test could be ruled objectionable no matter what your blood alcohol level was.
Suppress Your Statements
Contrary to popular belief, the police do not have to read you your rights promptly when pulling you over for a traffic violation. Probably the most well-known Miranda Warning says, “Anything you say can and will be used against you in court.”.
When an officer pulls you over for a traffic violation, s/he is entitled to ask you a few questions such as where are you going, why are you on this road, and if you have had anything to drink today? In light of this, especially after consuming alcohol, you should be careful what you say and who you speak to.
Nevertheless, in the event that you say something inappropriate in the presence of a law enforcement officer, our police department would take action. In addition to challenging your incriminating remarks, Lauderdale DUI defense attorneys will be prepared to do the same.
It is mostly contested that police officers took statements while they violated these laws:
Stay silent in accordance with your constitutional rights
Reporting accidents in Florida is protected
Your Right to Remain Silent
If you are under arrest or if you are detained for any reason, the officer must read you your Miranda rights. You should decline to engage in any further conversation with the officer after your rights have been read to you and immediately seek the advice of a Florida defense lawyer.
During DUI arrests, it is quite common for officers to fail to read Miranda rights to someone who is incapable of leaving the scene. The individual just interrogates you about what took place prior to the traffic stop. A judge will likely quashed any damaging remarks that were obtained by the officer during those times. This tactic is common among police and unconstitutional.
Will a prior DUI conviction in another state affect my current DUI case?
If you are convicted of DUI in Florida, the prosecutor will likely assign harsher penalties to you based on any prior DUI convictions. A DUI conviction in another state would also qualify. A Fort Lauderdale DUI defense attorney with experience on your side is needed in this instance. Any previous convictions will be thrown out by an experienced Fort Lauderdale DUI lawyer.
In a roadside DUI investigation, what signs of intoxication should a police officer look for?
For law enforcement officers in Florida to become proficient in identifying people who are driving under the influence, they are required to attend standardized drunk driving training courses. Here are some warning signs to watch out for:
- Having a flushed face;
- The eyes are watery, bloodshot, and glassey;
- The ability to move slowly;
- A failure to answer questions correctly;
- Balance issues when standing on one foot;
- Threatening behavior;
It’s important to know that impairment may not mean disability, but rather potential impairment. Intoxicated drivers might appear to have slurred speech to a police officer. In spite of this, they suspect that they might have a speech impediment. It could be successfully argued that the officer’s DYI investigation and the stop were motivated by no probable cause, since he likely doesn’t know the defendant personally.
Am I required by law to perform any roadside Field Sobriety Test?
The constitutional right to refuse a breath, blood, or urine test exists in the state of Florida. The punishment for refusing to take the test, however, has become more severe. Field sobriety tests are not criminally punishable for refusal. A dashcam may record field sobriety tests taken by police officers. You might want to decline the field sobriety tests in order to achieve the best results.
Florida’s Accident Report Privilege
A drunk driving charge is more likely to be brought against you after a car accident. If you are involved in a car accident in Florida, you are legally required to contact law enforcement, thus increasing the likelihood that you will make compromising remarks to the officers.
Thanks to Florida state law, a majority of statements you might provide to police during the course of your accident cannot be admitted as evidence in any civil or criminal trial that follows. A Florida law called the Accident Report Privilege establishes witness immunity in vehicle collision investigations in an attempt to encourage witnesses to cooperate with the police. A DUI charge can be extremely devastating to a person and their family. Contact the Fort Lauderdale David Williams Firm today to request your no-risk, no-obligation, no-cost consultation with one of our experienced attorneys.