Articles Posted in DUI

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. criminal defense

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.

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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.DUI defense lawyer

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

A Boca Raton man was recently acquitted of a DUI manslaughter charge, though he is still facing up to 30 years in prison after jurors determined he fled the scene of that fatal crash. Initially, it was defendant’s girlfriend – not him – who was facing charges in connection for the death. However, police combed through hundreds of emails between the couple afterward, ascertaining that he had in fact been the one driving. criminal defense lawyer

This question of disputed fact involved compelling arguments made by both sides, according to The Sun Sentinel, and reveals why having a good defense lawyer at the outset is a smart move. Those emails were likely this defendant’s undoing – but they also helped clear the name of his now-ex girlfriend, who was initially charged. Understand that any communications about an alleged crime – whether via email, text, voicemail or social media – can and probably will be used against you in a court of law. It’s generally wise never to communicate anything you would not wish to be read aloud in a deposition. Your defense lawyer can counsel you on how to limit these communications and protect your chances at trial.  Continue reading

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. DUI defense lawyer

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

Earlier this year, prosecutors in Broward County filed charges against a man who allegedly caused a New Year’s Day crash in Fort Lauderdale that killed a teenager. However, despite there being no breath or blood evidence, prosecutors still chose to file a charge of DUI manslaughter. How can this be? DUI defense

For the answer, we look to F.S. 316.193, Florida’s DUI statute. In order to prove a defendant was driving under the influence, prosecutors need to show the individual was driving or in control of a motor vehicle and that they also met one of the following criteria:

  • Had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood;
  • Had a breath-alcohol level of 0.08 or more grams of alcohol per 210 milliliters of breath;
  • Were under the influence of any alcohol or chemical substance to the extend the person’s normal faculties were impaired.

It is that last provision on which prosecutors are hanging their had in this case.  Continue reading

According to a recent news story from the Sun Sentinel, the driver of Lamborghini was arrested after he allegedly drove the vehicle at 75 miles per hour, which was well above the posted speed limit, and then crashed into another vehicle.  The other vehicle was being operated by an Uber driver, who was 82-years-old at the time of his death.=

DUI manslaughter chargesThe driver of the Lamborghini turned himself in on charges of DUI and negligent manslaughter.  Authorities say defendant, who is 61-years-old, was at a Delray bar before the accident occurred. He was with his girlfriend at the time, who is now his wife.

Prosecutors produced a duplicate of his bar tab showing the couple had ordered many mixed drinks, and he allegedly had at least three Long Island Ice Teas prior to getting behind the wheel of his sports car. Continue reading

Driving under the influence typically means driving under the influence of alcohol.  However, F.S. 316.193 also provides that one could be found guilty of driving under the influence of drugs.  This includes illicit street drugs and prescription narcotics.

DUI Drugs South Florida In the case of a DUI drugs in South Florida, it doesn’t matter if you have a valid prescription or not.  If you do not have valid prescription, and you have the drugs in your vehicle or on your person at the time of your arrest, you could also be charged with possession of a controlled dangerous substance, but it would not have bearing on your DUI drugs charge. Continue reading

According to a recent news report from TC Palm, Florida Representative Cary Pigman is now on probation after being convicted on DUI charges.  He pleaded no contest to a single charge of driving under the influence of alcohol.  He was not sentenced to any jail time, but he was sentenced instead to one year of probation.

Broward DUI defense He also has his driver’s license suspended for a period of six months and was ordered to pay a fine.  In his case, the fine was $500.  He was also ordered to complete 50 hours of community service and attend a traffic alcohol program with an emphasis on driving. Continue reading

When the police place a suspect under arrest on suspicion of drunk driving, they will likely tell the suspect that they must take a breath test to determine if their blood alcohol level is above the limit. This machine is what most people still refer to as a Breathalyzer.

Broward DUI Defense This is actually the brand name of alcohol breath testing machine that was developed in the 1950s and used for a number of years. Basically, this is an old trademark that has become a generic term for alcohol breath testing machine.  These days, police forces are much more likely to use a machine made by CMI called the Intoxilyzer, a machine made by Draeger, or an Intoximiter EC/IR II.  The Broward County Sheriff’s Office, for example, uses the Intoxilyzer 8000.  This is part of their Breath and Alcohol Testing (BAT) Unit. Continue reading

A breath alcohol ignition interlock device, also known as a BAIID, IID, or ignition interlock device is a device that is mounted on the dashboard of a car near the steering wheel.  It requires a driver to blow into a sample collection tube, and it will register the user’s blood alcohol content (BAC) as measured in grams of ethanol per 100 milliliters of blood.  Ethanol is the type of alcohol that is approved for human consumption in beverages.

Broward DUI Defense If the BAC does not read 0.00 or within the tolerance limit closet to 0.00, the car will not start.  Depending on the system, it will likely alert the company that monitors the BAIID, and this in turn will notify the defendant’s probation officer. This will likely result in a major problem for the defendant.Under current Florida law, BAIIDs are required for second DUI offense convictions, but not for first offenders.  According to a recent news article from WUFT News, Florida state representative Cord Byrd has proposed a new bill that would require first time DUI offenders to have an ignition interlock device in their vehicles. Continue reading