Articles Tagged with DUI defense lawyer

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If you’ve been arrested for DUI in Broward County, you’re probably feeling overwhelmed, scared, and unsure about what happens next. A DUI arrest can turn your world upside down in an instant. Here’s what it’s important to remember in this moment: you have rights, you have options, and with the right legal representation, you can navigate this challenging situation successfully.Broward DUI defense lawyer

The Stakes Are Higher Than You Think

As a longtime Fort Lauderdale DUI lawyer, I’ll be straight with you: Florida doesn’t mess around when it comes to DUI charges. Under Florida Statute 316.193, even a first-time DUI conviction can result in serious consequences that will follow you for years. We’re talking about potential jail time, hefty fines, license suspension, and mandatory DUI school.

Beyond that, a DUI conviction becomes part of your permanent criminal record. This means it can show up on background checks for jobs, housing applications, professional licenses, and even volunteer opportunities. In today’s digital age, that conviction can haunt you long after you’ve paid your debt to society.

Why Broward County DUI Cases Require Local Expertise

Something many people don’t realize is that not all DUI attorneys are created equal, especially when it comes to handling cases in Broward County. The legal landscape here has its own unique characteristics that require specific knowledge and experience.

Broward County has multiple courthouse locations, each with different judges, prosecutors, and local procedures. The judge who might be lenient in one courthouse could be a stickler for maximum penalties in another. An experienced local DUI attorney knows these nuances and can use this knowledge to your advantage.

Our local law enforcement agencies – from the Fort Lauderdale Police Department to the Broward Sheriff’s Office – each have their own protocols for DUI arrests. They use different breathalyzer machines, have different training procedures, and even different policies for conducting field sobriety tests. An attorney who regularly practices in Broward County understands these systems inside and out.

The Science Behind DUI Defense

One of the biggest misconceptions I hear is that if you blew over the legal limit, your case is hopeless. That’s simply not true. The science behind breath testing is more complex than most people realize, and there are numerous factors that can affect the accuracy of these tests.

Breathalyzer machines must be properly calibrated and maintained. The officer administering the test must be properly trained and follow specific protocols. Even your diet, medical conditions, or the time between your last drink and the test can significantly impact the results.

Field sobriety tests are even more subjective. These tests were designed for ideal conditions – flat, dry surfaces with good lighting and no distractions. How often does a roadside DUI stop meet these criteria? Factors like uneven pavement, flashing police lights, heavy traffic, weather conditions, or even your choice of shoes can affect your performance on these tests. Having a local Broward DUI defense lawyer who knows the area, the common blind spots of each department, and the defense strategies most likely to be successful in certain courts (and which won’t) can make all the difference in the outcome of your case.

Building a Strong Defense Strategy

Every DUI case is unique, and an experienced attorney knows how to identify the specific weaknesses in the prosecution’s case against you. Was the initial traffic stop justified? Did the officer have probable cause for the arrest? Were proper procedures followed during testing? Were your constitutional rights respected throughout the process?

These aren’t just technical legal questions – they’re the foundation of a strong defense. If law enforcement made mistakes or violated your rights, it could result in evidence being suppressed or even charges being dismissed entirely.

The Importance of Local Relationships Broward DUI defense lawyer

Over years of practicing DUI defense in Broward County, I’ve built relationships with prosecutors, judges, and court personnel. These relationships don’t guarantee outcomes, but they do help ensure that your case receives fair consideration and that plea negotiations happen in good faith.

I know which prosecutors are reasonable and which ones take hardline stances. I understand which judges appreciate thorough preparation and which ones prefer concise arguments. This local knowledge allows me to tailor our defense strategy to the specific individuals who will be handling your case.

Alternative Sentencing Options

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When most people think about driving under the influence (DUI), they envision alcohol-related offenses. However, a growing trend in Florida and nationwide is the increasing number of DUI cases involving prescription medications. This shift represents a significant challenge for both law enforcement and drivers who may unknowingly find themselves facing serious criminal charges despite having valid prescriptions for their medications. If you’re arrested for DUI in Fort Lauderdale while allegedly under the influence of prescription medications, The Ansara Law Firm can help.Drug DUI Fort Lauderdale

As millions of Americans rely on prescription medications for legitimate medical conditions, many are unknowingly putting themselves at risk of criminal charges simply by getting behind the wheel while taking their prescribed medications. This emerging trend represents a complex intersection of public health, personal responsibility, and criminal law that every Florida driver needs to understand. The stakes are high — a prescription drug DUI carries the same severe penalties as an alcohol-related DUI, but the legal landscape is far more nuanced and challenging to navigate.

A Growing Problem

Florida’s prescription drug crisis provides crucial context for understanding this trend. The state has been hit particularly hard by the opioid epidemic, with the Florida Department of Health reporting that opioid-related deaths have skyrocketed in recent years. While specific prescription drug DUI statistics are not readily available, the broader picture is concerning. In 2021, Florida experienced 5,940 fatalities due opioid overdoses, representing 76% of the state’s total drug overdose deaths — indicating the widespread use of these potentially impairing substances.

The scope of prescription drug use is staggering. According to national data, two-thirds of U.S. adults take prescription medications, with many taking multiple medications simultaneously.

Common prescription drugs that can impair driving include:

  • Opioid pain relievers (OxyContin, Percocet, Vicodin)
  • Benzodiazepines (Xanax, Valium, Ativan)
  • Sleep medications (Ambien, Lunesta)
  • Muscle relaxants (Soma, Flexeril)
  • Antihistamines (Benadryl, prescription allergy medications)
  • Antidepressants and mood stabilizers

What makes prescription drug DUIs particularly insidious is that many people don’t realize their medication can impair their driving ability, especially when taken as prescribed by their doctor.

How Florida Law Treats Prescription Drug DUIs

Under Florida Statute 316.193, driving under the influence encompasses more than just alcohol. Driving while impaired by drugs is illegal and subject to the same penalties as driving while impaired by alcohol. The law makes no distinction between illegal drugs and lawfully prescribed medications when it comes to impairment.

Florida’s DUI statute defines the offense as driving while:

  1. Under the influence of alcoholic beverages, any chemical substance, or any controlled substance to the extent that normal faculties are impaired, OR
  2. Having a blood-alcohol level of 0.08% or more

The critical difference here is that while alcohol DUIs have a specific legal threshold (0.08% BAC), prescription drug DUIs do not. Unlike alcohol-related DUIs, where the legal limit is a blood alcohol concentration (BAC) of 0.08%, DUI-Drug cases do not have a specific threshold for impairment. Instead, prosecutors must demonstrate that the driver was impaired to the extent that their normal faculties were affected.

This absence of a numerical threshold creates both challenges and opportunities in defending these cases, as we’ll explore below.

Key Differences Between Alcohol and Prescription Drug DUIsFort Lauderdale defense lawyers

1. Detection and Evidence Collection

As Fort Lauderdale DUI lawyers can explain, DUIs rely heavily on breathalyzer tests, which provide immediate, quantifiable results. Prescription drug DUIs present a more complex evidentiary picture. Typically, people under the influence of prescription or illegal drugs will not register an over-the-limit breath alcohol content level, unless they have also been drinking. Law enforcement officers are forced to establish that your normal faculties are impaired by using field sobriety tests.

Law enforcement must rely on:

  • Field sobriety tests (which may be affected by medical conditions unrelated to drug use)
  • Drug Recognition Expert (DRE) evaluations (specialized officers trained to detect drug impairment)
  • Blood or urine tests (which can detect presence but not necessarily impairment)
  • Officer observations (slurred speech, bloodshot eyes, erratic behavior)

2. Medical Necessity Defense

One of the most significant differences in prescription drug DUI cases is the potential for a medical necessity defense. Defendants may argue that they were taking medication as prescribed by their doctor and had no reason to believe it would impair their driving ability. This defense doesn’t exist in alcohol DUI cases. It is important, however, that the second element be met. If there was a clear warning not to drive on your medication bottle, this defense is harder to bring. Continue reading

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In today’s digital age, video evidence has become increasingly crucial in DUI cases throughout Florida. As a Fort Lauderdale DUI defense attorney for over two decades, I’ve seen how police dashcam and bodycam footage can dramatically impact the outcome of DUI prosecutions. This technology presents both opportunities and challenges for defendants, and understanding its implications is essential for anyone facing DUI charges in Broward County.Fort Lauderdale DUI defense

The Double-Edged Sword of Video Evidence

Video footage often reveals crucial details that can strengthen a defense case in ways that written police reports simply cannot capture. Dashcam and bodycam footage can be used to demonstrate:

  • Improper traffic stops. Florida law requires reasonable suspicion for a traffic stop under Terry v. Ohio and its progeny. Video evidence may show that officers lacked adequate justification for the initial stop, potentially leading to suppression of all evidence under the exclusionary rule.
  • Field sobriety test irregularities. The National Highway Traffic Safety Administration (NHTSA) has established standardized protocols for field sobriety tests. Video often reveals that officers deviated from these protocols, administered tests on uneven surfaces, or failed to provide proper instructions — all factors that can undermine the reliability of these tests.
  • Contradictions in police testimony. Officers’ courtroom testimony sometimes differs from what video evidence shows. In State v. Meador, 674 So. 2d 826 (Fla. 4th DCA 1996), Florida’s Fourth District Court of Appeal emphasized the importance of objective evidence in evaluating officer credibility.
  • Normal Driving Patterns. Dashcam footage from the defendant’s vehicle or nearby traffic cameras sometimes shows normal driving behavior that contradicts police claims of erratic driving or impairment indicators.
  • Physical Coordination.: Bodycam footage may actually demonstrate that a defendant exhibited better balance, coordination, and cognitive function than described in police reports.

On the flip side, video evidence isn’t always favorable. Prosecutors frequently use officers’ footage to support their cases. Video evidence may show:

  • Clear Signs of Impairment. Slurred speech, bloodshot eyes, difficulty following instructions, or obvious balance issues captured on camera can be compelling evidence of impairment.
  • Admission of Alcohol Consumption. Many defendants make spontaneous statements about drinking that are captured on bodycam footage, which can be used against them at trial.
  • Failed Field Sobriety Tests. When properly administered and recorded, failed field sobriety tests can provide strong evidence of impairment.
  • Dangerous Driving Behavior. Dashcam footage showing weaving, speeding, or other traffic violations can support the prosecution’s case for impairment.

To Record or Not to Record

Just as officers may record interactions during traffic stops or other police encounters, suspects, defendants and members of the public may do the same. The First Amendment protects the right to record officers in public, as established in Gilk v. Cunniffe, decided in 2011 by the U.S. Court of Appeals for the First Circuit. This principle has been consistently applied by Florida courts as well.

Recording police interactions on your cell phone during a DUI investigation can provide several advantages. Among these: Continue reading

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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

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A Florida DUI arrest of a man driving a lawn mower has raised questions about the type of “vehicle” on which one might be arrested for DUI in Fort Lauderdale.Fort Lauderdale DUI

Local news reports are that a Haines City police officer was inside a business when a loud crunch from outside indicated someone had struck his cruiser. He walked outside to find a 68-year-old man operating a lawn mower with trailer attached that had crashed into the police vehicle. The man allegedly told the officer he’d be drinking, but denied causing any damage. After his breath-alcohol concentration was measured at 0.241, he was arrested for DUI and his lawnmower impounded.

As our Fort Lauderdale DUI defense attorneys can explain, while police are generally more concerned about drunk driving in traditional motor vehicles because of their potential for injurious and fatal damage, it is true a person can be arrested for operation of a number of different “vehicles,” pursuant to F.S. 316.193. Continue reading

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As long-time Fort Lauderdale DUI defense attorneys, we’ve encountered plenty of cases where defendants were arrested for drunk driving on America’s birthday (July 4th), around the holiday recognized for Jesus Christ’s birth (Dec. 25th) and of course the birth of each new year (Jan. 1st). Still, there is one holiday that sometimes gets overlooked as one accompanied by a seemingly higher risk of DUI arrest: Your own birthday.Fort Lauderdale DUI defense lawyer

Studies (including one published in the Journal of Consulting and Clinical Psychology) have shown binge drinking is especially common on one’s 21st birthday, though the research didn’t specifically indicate this directly correlated with an uptick in drunk driving for celebrants. (It should be noted that if you are out celebrating your 21st birthday and are stopped prior to midnight on your actual birth date, the threshold for intoxication is far more stringent, the legal limit being 0.02 blood-alcohol concentration versus 0.08.)

Recently, R&B singer Marcus Cooper, Florida native, member of the hip-hop group Pretty Ricky and reality show cast Love & Hip Hop: Miami, made headlines for a recent birthday DUI arrest in Miami Beach. Vibe Magazine reported a Miami Beach police officer clocked Cooper’s SUV speed at 100 mph in a 45 mph lane around 3:45 a.m. The officer alleged he witnessed the driver, later identified as Cooper, swerving and coming dangerously close to a collision with another vehicle. Interestingly despite this account, the officer officially cited the dark tint on the vehicle’s windows as the reasonable cause for initiating the traffic stop. The singer agreed to undergo a field sobriety test (which, side note, is not required by state law the way chemical alcohol and drug testing is under F.S. 316.1932, Florida’s implied consent statute). The officer reported the singer’s bloodshot eyes, slurred speech and comment that he’d been “partying for his birthday.” Defendant allegedly blew more than twice the legal adult driver alcohol limit of 0.08. The officer further alleged resistance and threats to phone a few famous friends. In an Instagram video (later deleted), Cooper lamented his 38th birthday was ruined and denied the charges, which in addition to DUI include resisting arrest without violence, reckless driving and driving with a suspended license.   Continue reading

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Since the passage of Amendment 2 in 2016, Florida lawmakers have been trying to weed through the state’s already-complex marijuana statutes to hammer out new rules for growing, processing, distributing and possessing/ using the plant. Some individual cities have adopted their own ordinances with regard to recreational marijuana, which has led to many people being confused about what’s legal and what isn’t in Florida.marijuana defense lawyer

What we can say for certain is that Amendment 2 did NOT:

  • Alter Florida’s drug possession laws;
  • Change the fact that you can be arrested for driving under the influence of marijuana – medical or not;
  • Grant permission for the public consumption/ smoking of the drug;
  • Have any impact on federal law, which expressly prohibits marijuana possession and distribution, regardless of purpose.

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Marijuana use is gaining acceptance in a growing number of states across the country, and it’s even approved in Florida for limited medicinal uses. Many municipalities have decriminalized personal possession, but that doesn’t mean people can use it with impunity – particularly on the roads.marijuana DUI defense

In fact, nothing about F.S. 316.193, Florida’s driving under the influence statute, has been altered to allow drivers operating vehicles under the influence of marijuana to do so with any greater freedom. But the increased popularity has led the Florida Department of Highway Safety and Motor Vehicles to allocate $5 million to a public service campaign to warn people of the consequences for driving while high. The “Drive Baked, Get Busted” initiative is an attempt to discourage people from driving after they have smoked or otherwise consumed marijuana. The campaign has already started cropping up on billboards and on local television and radio broadcasts statewide.

The state is specifically targeting motorists 18 to 34, as well as those 55 to 74. Additionally, authorities plan to start collecting data on positive drug test results gleaned in traffic crash investigations, with the goal of helping policymakers ascertain how frequently drug use plays a part in crashes and other traffic offenses. These tests are likely to be similar to what are used in roadside tests used to ascertain sobriety, except they would likely use urine as opposed to breath. But as our criminal defense attorneys know well, the challenge here – and with prosecutions of drivers accused of DUI marijuana – is how to ascertain if someone is actually under the influence, or merely consumed marijuana at some point recently. Continue reading

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A Florida woman who allegedly rode her horse slowly down a busy highway while intoxicated was arrested for DUI recently. Although Florida is practically infamous for it’s bizarre news, even this seemed a bit over-the-top. Plus, it raises a number of questions about the scenarios in which F.S. 316.193, Florida’s drunk driving law, can be applied. DUI Defense attorney

The law allows penalties for those who “are driving or in actual physical control of a vehicle within the state” and are also either under the influence of alcohol to the extent his or her normal faculties are impaired OR the individual has a blood-alcohol concentration that exceeds 0.08 or more grams of alcohol per 100 milliliters of blood. But is a horse a vehicle? What about a motorized wheelchair or shopping cart or lawn mower or bicycle?

Florida residents have been arrested for DUI for operation of each of these scenarios. And while there is legal precedent that could support a conviction, our experienced Fort Lauderdale DUI defense attorneys recognize there may be ample opportunity to fight for either a reduction of charges, if not an outright dismissal, in these non-conventional DUI arrests.  Continue reading

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The majority of criminal defense cases that aren’t dismissed or result in acquittal are resolved through plea deals. The Bureau of Justice Statistics reports two-thirds of felony defendants in the U.S. are eventually convicted and 95 percent of those convictions occur through plea bargains.DUI defense attorney

Criminal defense lawyers in Fort Lauderdale know that doesn’t necessarily mean these defendants are getting a raw deal. In many cases, these plea deals are agreements to plead guilty to far lesser offenses, resulting in fewer penalties than defendant may have been facing initially. Still, where there is ever an opportunity to fight for dismissal or acquittal, our attorneys won’t hesitate to do so. Plea bargain agreements are only for cases where the weight of the evidence is clearly against the defendant and the attorney is confident that negotiation with the prosecutor can result in an advantageous outcome for defendant, considering the circumstances.

That said, defendants must be prepared to abide by the terms of the plea bargain, or else risk the possibility that the maximum penalty could still be imposed. Even during the plea bargain negotiation process, defendants need to be mindful of their conduct. The Miami Herald reports one case recently where a plea deal following a serious DUI crash fell apart after defendant’s drug test was returned positive – a violation of her conditions for release from jail pending trial. Continue reading

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