Articles Tagged with drunk driving arrest

Getting arrested for DUI in Fort Lauderdale can be overwhelming, frightening, and confusing. In the hours and days following your arrest, the decisions you make can dramatically impact the outcome of your case. Unfortunately, some people unknowingly sabotage their own defense by making critical mistakes that increase their risk of conviction and lead to harsher penalties.Fort Lauderdale DUI defense lawyer

As an experienced Fort Lauderdale DUI defense lawyer, I’ve seen cases where defendants’ actions after their arrest made an already challenging situation significantly worse. Understanding these common pitfalls and how to avoid them is crucial for protecting your rights and preserving your defense options.

The Stakes Are Higher Than You Think

Before diving into specific mistakes, it’s important to understand what you’re facing. A DUI conviction in Florida carries serious consequences including license suspension, hefty fines, mandatory DUI school, community service, possible jail time, and a permanent criminal record. These penalties only increase with subsequent offenses or aggravating circumstances. Every action you take after your arrest can either help or hurt your case.

Mistake #1: Talking Too Much to Police After Arrest

One of the most damaging mistakes people make is continuing to speak with law enforcement after their arrest (or even before). Many defendants feel compelled to explain themselves, apologize, or provide additional details about their evening. This urge to “set the record straight” nearly always backfires.

  • How This Impacts Your Case. Anything you say can and will be used against you in court. Police officers are trained to ask questions that may seem casual but are designed to elicit incriminating responses. Even seemingly innocent statements like, “I only had two drinks” or, “I was coming from dinner” can be twisted to support the prosecution’s case. A skilled criminal defense attorney knows that these statements often provide prosecutors with ammunition they wouldn’t otherwise have.
  • The Better Approach. Exercise your right to remain silent. Politely state that you wish to speak with a Fort Lauderdale DUI defense lawyer before answering any questions. This isn’t an admission of guilt; it’s a constitutional right designed to protect you.

Mistake #2: Failing to Request an Administrative Hearing

Florida law requires that you request an administrative hearing within 10 days of your DUI arrest to challenge your license suspension. This hearing is separate from your criminal case and provides an opportunity to potentially save your driving privileges.

  • How This Impacts Your Case. Missing this 10-day deadline results in an automatic license suspension. You lose the opportunity to challenge the suspension and may face months without driving privileges. This can severely impact your ability to work, attend court hearings, and meet with your criminal defense attorney. Additionally, failing to request this hearing eliminates valuable discovery opportunities that could benefit your criminal case.
  • The Better Approach. Contact an experienced Fort Lauderdale DUI defense lawyer immediately after your arrest. An attorney can request this hearing on your behalf and use it strategically to gather evidence for your criminal defense.

Mistake #3: Hiring the Wrong Attorney or Trying to Handle It Yourself

Some people make the costly mistake of either representing themselves or hiring an attorney who lacks specific DUI experience. DUI law is highly specialized, with complex procedural requirements, scientific evidence issues, and constantly evolving legal standards.

  • How This Impacts Your Case. General practitioners or inexperienced attorneys may miss crucial defense strategies, fail to properly challenge evidence, or overlook procedural violations that could result in case dismissal. Self-representation is even more dangerous, as prosecutors are skilled at taking advantage of unrepresented defendants. You’re essentially bringing a knife to a gunfight.
  • The Better Approach. Hire a Fort Lauderdale DUI defense lawyer who specializes in DUI cases and has extensive experience with local courts, prosecutors, and judges. An experienced criminal defense attorney will know how to challenge breath test results, field sobriety tests, and police procedures while building the strongest possible defense.

Mistake #4: Ignoring Court Dates and Deadlines

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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

After reportedly plowing into seven vehicles at a Boynton Beach intersection, the driver of a pickup reportedly failed a number of field sobriety tests. He was arrested by police for DUI and driving on a suspended license. beer

James Dean Martin, a 47-year-old from Delray Beach, was hauled out of his pickup truck by several people at the scene shortly before 4 p.m. on a Saturday and held on the ground until police got there, according to The Sun-Sentinel.

An 18-year-old woman who had recently purchased a new car told a reporter he approached a line of vehicles waiting at the intersection traveling, “probably like, 50, 70 mph and he just bumped each car.” No one was injured, but the teen said she was shaken up because there were children in other vehicles and her brand new vehicle was damaged.  Continue reading

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