Articles Tagged with Broward DUI lawyer

Facing a first-time DUI in Broward County can be a scary experience, especially for those who have never navigated the criminal justice system before. Although it may not result in significant jail time (assuming no one was seriously hurt), we do need to stress that it’s a mistake to think that a first-time DUI in Broward County will result in nothing more than a slap on the wrist. The reality is a DUI conviction can have lasting consequences for your career, your education and your personal relationships.first time DUI in Broward County

The good news is that even if a dismissal of the charge is impossible, there are legal avenues that could minimize the impacts. Specifically, Broward County has a number of diversion programs and alternative resolutions that may be available, particularly for first-time offenders. But just because you’ve never been in trouble before doesn’t mean the state attorney’s office is going to be eager to let you off light. It’s important to hire a skilled Fort Lauderdale DUI defense lawyer to ensure you aren’t taking an unfair deal or one that could have latent consequences you haven’t considered.

Understanding First-Time DUI Penalties in Florida

Before discussing alternatives, it’s crucial to understand what’s at stake. Under Florida Statute §316.193, a first-time DUI conviction carries significant penalties:

  • Fines ranging from $500 to $1,000 (or $1,000 to $2,000 with a BAC of .15 or higher)
  • Up to 6 months imprisonment (or up to 9 months with a BAC of .15 or higher)
  • License suspension from 180 days to 1 year
  • 50 hours of community service
  • 12 months of probation
  • DUI school completion
  • Vehicle impoundment for 10 days
  • Ignition interlock device installation (mandatory for BAC of .15 or higher)

Aggravating Factors That Increase Penalties

Several circumstances can enhance these penalties substantially:

  • Having a minor in the vehicle at the time of arrest (increases fines and potential jail time)
  • Causing property damage or bodily injury (elevates the charge to a first-degree misdemeanor or felony)
  • Having an extremely high BAC level (.15 or higher)
  • Refusing to submit to a breath, blood, or urine test (triggers automatic license suspension under Florida’s implied consent law)

Broward County Diversion Programs

Fortunately, the option of a diversion program may help first-time DUI offenders avoid the full weight of these consequences.

The main avenue for first-time DUI offenders is:

Misdemeanor Diversion Program (M.D.P.)

The Misdemeanor Diversion Program is a potential option for some offenders in Broward County with a short or non-existent criminal history. That can include first-time DUI offenders. Those who are accepted – and successfully complete — the program will be eligible to have the court drop the charges against them. The program is managed by the Broward County Sheriff’s Office Probation Division in Fort Lauderdale.

Acceptance into the diversion program is at the discretion of the state attorney’s office. In fact, eligibility requirements may be somewhat flexible on a case-by-case basis. This is one of those times when having an experienced DUI defense lawyer to advocate on your behalf to prosecutors can go a long way – even when the evidence against you is significant.

When a diversion program isn’t an option, other resolution strategies may include: Continue reading

Golf carts are a way of life in some Florida communities. They’re easy-to-operate, low-speed, agile, and perfect for traversing short distances when the weather is good. That said, it is absolutely possible for someone to get a Fort Lauderdale DUI on a golf cart if they are operating one while intoxicated. What’s more, Florida has become increasingly strict on golf cart operators in recent years, going so far as to raise the minimum age and license requirements in a law that just went into effect.man driving golf cart woman passenger Fort Lauderdale DUI golf cart

As our Fort Lauderdale DUI defense lawyers can explain, driving a golf cart under the influence of alcohol or other intoxicating substances is just as illegal as if you were driving a car. F.S. 316.193 indicates that drivers shouldn’t operate “a vehicle” while under the influence of alcohol or drugs. In another statute, F.S. 316.003(108), a “vehicle” is defined as every device in, upon, or by which a person or property can be transported or drawn upon a highway. That’s a broad definition, and it can include not just golf carts, but ATVs, bicycles, mopeds, and even riding lawn mowers.

In F.S. 320.01(22), golf carts are defined as a motor vehicle designed & manufactured for operation on golf courses and/or for sporting and recreational purposes. They aren’t typically made to go faster than 20 mph, and owners aren’t statutorily required to carry personal injury protection insurance or bodily injury liability insurance. Florida law limits golf cart operation to roads with a posted speed of 30 mph or less, though local government entities can pass more restrictive rules. Operators have to comply with whichever rule is more strict.

Just recently in South Florida, a 20-year-old was arrested by authorities in Monroe County for allegedly driving a stolen golf cart while intoxicated down the U.S. 1 highway. (The only time golf carts can be operated on part of the state highway system, per Florida law, is either it’s been designated by the DOT or local government as safe OR if to cross a portion that intersects with a county or city road or trailer park/golf course subdivision that allows golf carts.)

A new law was passed just this year to tighten the rules on golf cart operation. Continue reading

Any Florida DUI arrest carries the potential for hefty fines, driving restrictions, possible jail time – to say nothing of the impact it could have on your job, your personal relationships, and your reputation. Even so, the law – and to some extent, society – tends to treat first-time DUI offenders who haven’t hurt anyone as being largely redeemable – so long as you pay your dues, learn from your mistakes, and avoid making them again. However, if you’re arrested for a Florida DUI and it’s your second or subsequent offense, the consequences are suddenly a whole lot steeper. If you’re accused of being a repeat DUI offender is strongly advised to hire a good DUI defense attorney as soon as possible. Florida drunk driving defense

As our Broward DUI defense lawyers can explain, Floridians report a higher-than-average percentage of adult drivers who admit to driving after drinking too much. The Florida Department of Law Enforcement reports more than 29,000 drivers were arrested for DUI offenses in the Sunshine State in 2020 – down slightly from nearly 34,000 in 2019.

It’s estimated 1 in 3 people arrested for DUI in Florida is a “repeat offender” with prior offenses on their record. There are more than 113,000 people in Florida with at least 3 DUIs on their record. There are nearly 12,000 with five or more prior DUI arrests. Some of these individuals still retain their driving rights (though usually with limitations such as to-and-from work and with mandatory ignition interlock devices on their vehicles). Mothers Against Drunk Driving reports at least 300,000 motor vehicle trips every single day in this country involve an impaired driver. Of those, about 4,000 are arrested. Those with prior

The penalties for driving under the influence in Florida increase with every prior offense.

Consequences for Conviction of DUI in Florida – 1,st 2nd, 3rd+ Time Around

If you’ve had prior DUI convictions and are arrested again, you may think you “know the drill.” But you need to be prepared for police and prosecutors to take your case much more seriously. Sentencing guidelines will skew in favor of jail time and stiff fines.

As outlined in F.S. 316.193, penalties for DUI are as follows: Continue reading

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.Broward DUI defense lawyer

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.

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