DUI Category Archives — Page 2 of 16 — Fort Lauderdale Criminal Attorney Blog Published by Fort Lauderdale, Florida Criminal Lawyer

September 15, 2023

Arrested for a Fatal Car Accident in Fort Lauderdale? Here’s What You May Be Facing.

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

If you’re a driver who survives a deadly crash when others didn’t, it’s a unique kind of nightmare. Of course you didn’t intend harm. Maybe it wasn’t even wholly your fault. Nonetheless, lives were changed irrevocably – your own included. That is especially true if you’re arrested in connection with a fatal car accident in Fort Lauderdale.

Just because a fatal crash occurs (as they do roughly 3,500 times a year in Florida, according to the FLHSMV), it does not necessarily mean the driver(s) will face criminal charges. You might only face a traffic citation.

Criminal traffic charges are typically only filed when there is evidence of willful/wanton recklessness. Not mere carelessness, but reckless driving in a manner likely to cause great bodily harm or death. That can include street racing, being drunk/under the influence, fleeing a law enforcement officer, greatly excessive speeding (significant enough to be considered reckless), or engaging in acts of road rage (weaving through traffic, aggressively cutting people off, etc.).

The other primary catalyst for criminal charges filed in fatal Florida traffic accidents is a driver leaving the scene of an accident, better known as hit-and-run.

As a Fort Lauderdale criminal defense lawyer can explain, charges might not be filed immediately after the collision. It’s going to take time for investigators to piece together what they think happened. Some arrests don’t happen until months after the fact. It’s a really good idea if you were a driver in a fatal Broward crash to seek immediate legal counsel from a criminal defense lawyer – even if you aren’t sure whether you did anything wrong. This will help ensure your rights are protected and that you don’t speak out of turn in a way that could threaten your freedom or your future.

Criminal vs. Civil Traffic Crash Cases

Fatal crashes sometimes result in two separate judicial proceedings: One civil, one criminal.

In the civil justice proceedings, the question will be whether the defendant driver was negligent, meaning they failed in their duty to use reasonable care in operating the vehicle, resulting in the death of another person. Such cases are filed by the decedent’s surviving loved ones or their estate. If negligence is proven by a preponderance of the evidence, the defendant may be financially responsible to pay money to the survivors/estate.

In the criminal justice proceedings, the question will be whether there is proof beyond a reasonable doubt that the defendant driver violated state law, and thus deserves to be punished according to the state’s criminal code.

The proof burden for criminal cases is far higher than for civil cases. That’s the reason a person might not face criminal charges, but could still be found liable in civil court.

Recent Broward Fatal Crash Criminal Cases

Recently, a number of fatal crashes in Broward County have made headlines. Among them:

A 42-year-old arrested for two counts of reckless driving and one count of vehicular homicide in Fort Lauderdale after the crash death of a motorcyclist.
A 20-year-old arrested for two counts of vehicular homicide, multiple counts of reckless driving, and numerous drug charges following a fatal Tamarac rollover crash that killed two women and injured five other people.
A 16-year-old unlicensed teen driver and his father arrested for reckless driving and vehicular homicide for the death of a pregnant ICU nurse and critical injury to her 8-year-old son in Miramar. The teen was allegedly under the influence of marijuana and driving 113-miles-per-hour in a 45 mph zone. The teen’s father wasn’t in the vehicle at the time, but his criminal charges stem from the fact that he provided his unlicensed teen with a vehicle.

Penalties for Fatal Crash Criminal Charges in Florida

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:

December 11, 2022

Can You Be Convicted of a West Palm Beach DUI if You Refuse a Breathalyzer Test?

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

In Florida, breathalyzer tests are one of the most common tools used by law enforcement officers to glean proof of the blood-alcohol concentration of a motorist suspected of driving under the influence (DUI), in violation of F.S. 316.193. But can you refuse to take the test? Can you be forced to take one? If you refuse, can you still be convicted?

Short answers:

Yes – but not without consequences.
No – though officers can initiate a non-consensual blood draw in some circumstances.
Yes – because breathalyzers aren’t the only relevant evidence in Florida DUI cases.

Implied Consent in Florida

As our West Palm Beach DUI defense attorneys can elaborate, Florida has an implied consent law (F.S. 316.1932). This law states that anyone who accepts the privilege of operating a motor vehicle in this state is deemed to have given consent to submit to an approved chemical or physical test administered by authorities for the purpose of determining the alcoholic content of his or her blood or breath. The test must be incidental to a lawful arrest, administered by a law enforcement officer who has reasonable cause to believe the person was driving or in actual physical control of the vehicle while under the influence of alcohol.

Reasonable suspicion of a DUI can include things like:

A driver traveling far below the speed limit with road conditions that don’t justify it.
A driver who is swerving or operating the vehicle erratically.
Failure to obey traffic signals.
High beams kept on despite incoming traffic.
No headlights on at night or at other times of low visibility.
Tailgating/following too closely.
Frequent stops or braking for no apparent reason.
Illegal turns.
A driver nearly hits an object, other cars, or pedestrian.

As to whether it’s better to submit or refuse, there are pros and cons to each. Refusal to submit to testing under the state’s implied consent law will result in an automatic one-year license suspension, and your refusal can be used against you in criminal court. That said, refusal effectively deprives prosecutors of a key piece of evidence that can be used against you in the DUI criminal case.

It’s worth noting that if you do choose to submit, there is an extensive history of technical problems associated with the Intoxilyzer 8000 (the machine most commonly used to administer roadside breath tests). Much of it comes down to human error and improper training on how to use the device to glean effective BAC results. These facts might be used by South Florida DUI defense lawyers in challenging the BAC results.

Florida DUI Convictions Don’t Require Breathalyzer Results

September 20, 2022

Arrested on Vacation in Fort Lauderdale? We Can Help.

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

Fort Lauderdale is a prime destination for tourists from across the country and around the world. It’s estimated more than 120 million people flock to Florida each year – many making their way to the Southeast coast. Unfortunately, if you’re arrested on vacation in Fort Lauderdale (most often for DUI, domestic violence, drunk and disorderly, solicitation, and drug possession), your good time can quickly morph into a legal nightmare. Our Fort Lauderdale criminal defense lawyers can help.

How you proceed will depend to some extent on the severity of the crime and the specifics of the case. Chances are, if you’re arrested for a misdemeanor, you will not be held for any extended period of time in jail, but you may be expected to return. It is possible that a lawyer can resolve your case for you without you having to return, but again, it will depend on the exact circumstances. It’s also possible that the consequences of any conviction will follow you in your own district, particularly if there are any supervised release requirements.

If you’re arrested for a felony (which are more serious charges), you may expect your time in jail to be a bit longer, and your legal fees, court costs, and penalties to be more substantial.

It is important to keep in mind that simply going home will not make the charge go away. It is critical to consult with an experienced, local Fort Lauderdale criminal defense lawyer who will offer sound legal advise, ensure your rights are protected, and fight for the best possible outcome.

Some factors to consider following a Fort Lauderdale arrest on vacation: Continue reading

July 15, 2022

3 South Florida DUI Myths Busted by Broward DUI Defense Lawyers

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

More than 32,000 people are arrested for DUI in Florida every year, with about 2,100 of those being in Broward County. But despite its frequency, many Broward DUI defense lawyers will tell you that misconceptions about drunk driving arrests are rampant. Unfortunately, few people know their rights and what they should (and should not) do if they’re stopped in traffic for suspected drunk driving.

Here, our Broward DUI defense lawyers bust some of the most common South Florida DUI myths.

Myth 1: Refusing to Answer Police Questions Can Make You Look Guilty.

January 1, 2022

Fort Lauderdale DUI Misconceptions & Misunderstandings

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

When it comes to Fort Lauderdale DUI arrests, our criminal defense attorneys have heard numerous misconceptions and misunderstandings – and it can cost people bigtime in court.

Florida DUI misconceptions are frequently the result of people combing the internet in an attempt to “do their own research” about their situation. The internet contains a great deal of good information (this site, for example), but there’s also a lot of junk. Plus, every case is going to be different. It’s impossible to say how the law may apply to the specific circumstances of your case unless/until you speak with an experienced local criminal defense lawyer who can assess the facts of your case, and then carefully apply it to state law, local ordinances and common local judicial practices.
Fort Lauderdale DUI defense lawyer

Here, we outline some of the things people most often get wrong about DUI arrests and the criminal justice system process: Continue reading

April 1, 2021

Arrested for Drunk Driving in Fort Lauderdale? Hire a Defense Lawyer Now.

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

If you are arrested for drunk driving in Fort Lauderdale, one of the worst things you can do is try to navigate the legal system on your own. Even first-time offenders can face severe penalties and long-term consequences – some they may not even realize are at stake – when they don’t have someone who knows the law advocating on their behalf.

More than 32,000 people each year are arrested in Florida for drunk driving, according to the Florida Department of Law Enforcement. An analysis based on data from the U.S. Centers for Disease Control & Prevention indicated there was a 30 percent increase in the Florida DUI arrest rate from 2014 to 2018. Although we don’t yet have statewide data on 2020 DUI arrests in Florida, a report by the National Institute on Alcohol Abuse and Alcoholism indicated alcohol sales spiked sharply during the pandemic (increasing in Florida by nearly 8 percent). That could be linked with an uptick in arrests for DUI.

Our Fort Lauderdale DUI attorneys are committed to helping those accused of drunk driving or impaired driving fight the charges and the most serious repercussions associated with them. Continue reading

March 1, 2021

Arrested on Spring Break in Fort Lauderdale? A South Florida DUI Defense Lawyer Can Help.

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

If you’re visiting South Florida this spring break, the last souvenir you want to bring back is a DUI charge. If this is the situation in which you find yourself, our longtime Fort Lauderdale DUI defense lawyers can help.

Last spring was fairly abysmal for an annual spring break season in Florida, but this year is looking up. Some hotels are reporting 75-80 percent capacity, as many folks venture out for the first time in more than a year. Florida is especially popular right now because it hasn’t been as rigorous in its enforcement of health and safety measures as other states, and people from all over the country are looking for a more relaxed change of scenery.

South Beach, Fort Lauderdale and the Florida Keys remain a top spring break destination in the U.S. If you are arrested for DUI here, you could be facing substantial penalties, so it’s important to work with a local criminal defense attorney well-versed in state law and local processes and who has successfully represented numerous people arrested while visiting from out-of-town. Continue reading

November 1, 2020

Consequences of Florida DUI With Kids in the Car

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

Recently, a Florida woman was arrested for DUI manslaughter and child neglect after she allegedly crashed her SUV with four children and another adult in the car. One child, her 3-year-old daughter, died.

Although this is a profound loss this mother will grieve the rest of her life, the law does not allow for this alone to be “punishment enough.” Per F.S. 316.193, DUI manslaughter is a second-degree felony charge that carries a maximum prison sentence of 15 years.

Most DUI arrests, even those that involve crashes, do not involve deaths. However, courts in Florida take very seriously DUI cases involving minor passengers under 18, even if no one was hurt. Continue reading

July 5, 2020

South Florida Boating Under the Influence Penalties & Defenses

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

Florida has always been a boater’s paradise, though many have increasingly been taking to the water to get a dose of Vitamin Sea while still following social distancing rules. But don’t expect law enforcement to be lenient on boating under the influence violations just because we’re in the middle of a pandemic.

Boating and alcohol are a potentially deadly mix that can carry severe penalties in South Florida – even if you don’t crash and no one is hurt.

Recently in Naples, NBC-2 reported the Florida Fish & Wildlife Conservation Commission arrested a man for boating under the influence on July 4th. There were reportedly more than a dozen people on board the vessel at the time. The officer was patrolling the waters around Keewaydin Island when he noticed not only the boat, but the fact that two women, who were impaired, were in the water and trying to get back onto the vessel but could not due to the strong current. The officer took the women aboard his boat and then pulled up alongside the defendant’s vessel. The operator “appeared to be heavily intoxicated,” and the vessel appeared to be overloaded. The operator refused a breathalyzer test, but was nonetheless arrested for BUI.

Florida law enforcement authorities frequently patrol the state’s rivers, lakes, coastline and ponds – particularly during holiday weekends. Anyone who is arrested on boating under the influence charges should seek immediate legal counsel from a local South Florida criminal defense lawyer. Continue reading