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DUI Offenses & Defenses
Misdemeanor DUI Offenses
Misdemeanor DUI Offenses
Misdemeanor DUI Offenses
Felony DUI Offenses
Misdemeanor DUI Offenses
Misdemeanor DUI Offenses
DUI Defenses
Misdemeanor DUI Offenses
DUI Defenses
- Breath Test Results/Procedure
- Blood Test Results/Procedure
- Urine Test Results/Procedure
- Breathalyzer Maintenance
- Breath Test Operator Certification/Training
- Implied Consent (Refusal) Warnings Improper
- Field Sobriety Exercises Improper (Roadside Tests)
- Illegal Checkpoint/Roadblock
- Actual Physical Control
- Chemical/Controlled Substance Not Listed
- Drug DUI with Unqualified Officer
- Vehicle Inoperable
- Illegal Stop
- Accident Reporting Privilege
- Miranda Violation(s)
- Statute of Limitations
- Speedy Trial Violations
- Duress
- Necessity
- More...
Part One of a DUI Case
Administrative Case - Only 10 Days to Act
After being arrested for DUI in Ft. Lauderdale, the officer in charge will take away your driver's license and give you a temporary 10-day permit to drive. If no action is taken during this period, your driver's license will be suspended based on whether you took the breath test or refused it:
1. Breath Test: If you took the breath test and your blood alcohol concentration (BAC) was above 0.08, your Florida driver's license will be suspended for six months, with a required 30-day hard suspension.
2. Refused Testing: If you chose not to take the breath, blood, or urine test, your Florida driver's license will be suspended for twelve months, with a required 90-day hard suspension.
Option 1: Challenging an Administrative Suspension after a First DUI
Your first choice is to request a Formal Review of the suspension within ten (10) days. Thankfully, the nearest Florida Department of Highway Safety and Motor Vehicles (DHSMV) Bureau of Administrative Review (BAR) is on Oakland Park Blvd, so it is easy for Broward residents to file for review. By doing this, you will receive a 42-day permit to drive, giving you the ability to continue driving while your DUI attorney fights against the suspension.
If successful in the hearing, the suspension will be completely removed from your driving record, as if it never happened. However, if the hearing officer upholds the suspension, your hard suspension period will begin.
Option 2: Waiving Formal Review and Pursuing a Hardship License
In certain situations, you may decide to skip the formal review hearing and instead apply for a hardship license after a DUI arrest in Florida. A hardship license grants limited driving privileges for essential purposes, such as work, school, medical appointments, or grocery shopping.
To apply for a hardship license, you must complete the necessary paperwork and submit it to the DHSMV BAR. It's important to note that eligibility requirements and procedures may vary, so it is highly recommended to consult with an experienced DUI lawyer to navigate this process effectively.
Your DUI attorney can assist you in completing the application, gathering the required documents, and presenting a strong case to increase your chances of obtaining a hardship license. They will advocate for your needs and work towards achieving the best possible outcome for your situation.
Remember that a hardship license may not be available immediately after a DUI arrest. There may be a waiting period or other conditions that must be met before you can apply. Understanding the specific requirements and following the necessary steps is crucial to ensure a smooth and successful application process.
Also, it is important not to drive with a DUI suspension on your license. Until you have your driving privilege restored, you are risking additional charges and, frequently, jail time. Make sure to take the steps to get your driving privilege restored before driving after a DUI.
You may only have 10 days after arrest to challenge a DHSMV suspension.
Part Two of a DUI Case
Criminal Case
In order to secure a DUI conviction, the State must establish two crucial elements beyond a reasonable doubt:
First, they must provide evidence that proves that the defendant either operated a vehicle or was in actual physical control of a vehicle. This includes situations where the defendant was discovered inside or on the vehicle with the keys in the ignition, regardless of their intention to sleep off the effects of alcohol. However, if the vehicle was inoperable at the time of the alleged offense, the defense of inoperability may be invoked.
The second element centers around the defendant's impairment caused by the consumption of alcoholic beverages, a chemical substance, or a controlled substance. This impairment can be demonstrated in two ways: either by establishing that the defendant's normal faculties were impaired, or by demonstrating that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.
To assess impairment of normal faculties, law enforcement often conducts field sobriety exercises. These tests are designed to identify even the slightest indication of impairment, such as minor slips, slurs, or missteps. Although officers claim that these exercises are not pass/fail, they are trained to closely observe any perceived mistakes made by the defendant.
The term "normal faculties" encompasses a broad range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives. It may appear unbelievable, but the police heavily rely on these roadside assessments to determine an individual's impairment. Additionally, it is important to note that any actions or statements made by the defendant while in the back of the patrol car, such as falling asleep, are recorded and can be utilized as evidence against them during the trial.
The good news is there are dozens of DUI defenses that a DUI lawyer could help you identify in a free consultation.
DUI Defenses
Successfully defending a DUI case requires a high level of technical knowledge and litigation skills. It is a complex area of law that involves challenging various aspects, including technology, procedures, and legal principles, depending on the discoveries made during the case. If you're looking for in-depth articles that discuss different defense strategies, you can find them here. To better understand the specific defenses that may apply to your case, we recommend scheduling a consultation with one of our experienced DUI defense lawyers in Fort Lauderdale. Our attorneys serve clients in Broward, Miami-Dade, and Palm Beach County, and they can help you navigate the complexities of your case and determine the best defense strategy for your specific circumstances.