Fort Lauderdale DUI arrest

September 12, 2025

Arrested for DUI in Broward? Why You Need an Attorney With Experience in Florida DUI Cases

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

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.

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

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

August 4, 2025

The Rise of Prescription Drug DUIs in Florida: What Drivers Should Know

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

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.

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:

Under the influence of alcoholic beverages, any chemical substance, or any controlled substance to the extent that normal faculties are impaired, OR
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 DUIs

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

July 7, 2025

The Role of Dashcam and Bodycam Footage in Fort Lauderdale DUI Cases

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

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.

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

March 17, 2025

St. Patrick’s Day DUIs in Fort Lauderdale: What You Need to Know

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

Every March 17th, Fort Lauderdale comes alive with shades of green, Irish tunes and the clink of celebratory drinks. St. Patricks’ Day is a time for fun and festivities here in South Florida, complete with parades and parties. However, St. Patrick’s Day also typically sees a sharp rise in drunk driving arrests. If you or someone you love is now facing a DUI charge after a St. Patrick’s Day celebration, it’s unwise to count on a stroke of good luck to protect your future.

At The Ansara Law Firm, our Fort Lauderdale criminal defense attorneys believe your future is worth protecting, and we won’t let you face the criminal justice system alone. We’ve seen firsthand how a single DUI arrest can impact a person’s life. But we’ve also helped many individuals navigate Florida’s legal system, preserve their rights, and move forward with strength and dignity.

The Reality of St. Patrick’s Day DUIs in Fort Lauderdale

According to the National Highway Traffic Safety Administration (NHTSA), St. Patrick’s Day consistently ranks among the top holidays for alcohol-related crashes. Nationally, there were 290 people killed in alcohol-impaired crashes during the St. Patrick’s Day holiday – from 6 p.m. March 16th to 6 a.m. March 18th – between 2018 and 2022. Drivers who are young (21 to 34), male, and driving at night were overrepresented in the crash statistics.

Florida is no exception to this troubling trend. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports March consistently sees a spike in DUI arrests and alcohol-related crashes, especially mid-month during St. Patrick’s Day celebrations. (Spring break festivities undoubtedly play a role as well.)

Law enforcement agencies across the state, including those in Fort Lauderdale and throughout Broward County, ramp up DUI checkpoints and saturation patrols around this time of year specifically for that reason. So even if you aren’t involved in a crash, you’re more likely to get arrested for a DUI around this time simply because police are specifically on the lookout for impaired drivers.

Florida DUI Laws and Penalties

If you’re arrested for DUI in Fort Lauderdale, it’s essential to understand the legal definitions and potential penalties. Under Florida Statute F.S. 316.193, a driver can be charged with a DUI if they:

Have a blood-alcohol concentration (BAC) of 0.08% or higher, or
Are under the influence of alcohol or drugs to the extent that their normal faculties are impaired.

That last bit is somewhat subjective. As a DUI defense lawyer can explain, law enforcement officers will use their own personal observations, as well as information gleaned from field sobriety tests, in determining whether one’s “normal faculties are impaired.” Unlike breathalyzer tests, field sobriety tests (such as the walk-and-turn and the horizontal gas nystagmus test) are not mandatory and you can decline to submit to them.

For a first-time DUI in Fort Lauderdale, penalties include:
Up to 6 months in jail (or up to 9 months if your BAC is 0.015% or higher OR if a minor child was in the vehicle at the time of your arrest)
Fines between $500 and $1000 (or up to $2,000 if your BAC is 0.15% or higher)
License suspension for 6 months to 1 year
Probation for up to 1 year
50 hours of community service
Vehicle impoundment for 10 days

Beyond the clear legal consequences, a DUI conviction can have other lasting repercussions on your life. These include: Continue reading

December 3, 2024

Protecting Your Rights After DUI Arrest in Fort Lauderdale Festival Season

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

South Florida’s festival season is a time of celebration, drawing thousands to events like the Fort Lauderdale International Boat Show, the Riptide Music Festival, Tortuga Music Festival, and The Big Easy Cruise. While these events offer unforgettable experiences, they also bring heightened law enforcement activity, particularly targeting DUI offenses. If you are arrested for DUI in Fort Lauderdale during this festive season, understanding your rights and the unique legal issues at play is crucial to mounting an effective defense. Hiring a Fort Lauderdale criminal defense lawyer can make all the difference when it comes to minimizing the potential and severity of consequences.

Festival Season in Florida Means More Law Enforcement Presence

Prime festival season in South Florida runs from fall to spring, with January, February, and March typically being the peak.

Specifically in Southeast Florida, upcoming festivals include Art Basel in Miami Beach, the Winterfest Boat Parade in Fort Lauderdale, Art Deco Weekend in Miami Beach, the Big Easy Cruise in Fort Lauderdale, the Country Music Cruise in Fort Lauderdale, Groundup Music Festival in Miami Beach, and Ultra Music Festival in Miami.

These festivals take a lot of planning – and there’s a fair amount of coordination with local law enforcement agencies.

As our Fort Lauderdale criminal defense attorneys can explain, police departments recognize that these festivals tend to result in an uptick of alcohol consumption and drug use. Don’t be surprised if you see an uptick in DUI sobriety checkpoints, saturation patrols and the use of mobile breathalyzer units to identify and apprehend suspected impaired drivers. Such measures are designed to promote public safety, but they’re also going to increase the likelihood of DUI arrests. Keep in mind, though, that an arrest does not necessarily equal a conviction. A criminal defense lawyer can help you fight the charges, or at the very least, argue for reduced penalties.

Are DUI Checkpoints Legal in Florida?

Short answer: Yes.

This is a question that comes up a lot during festival season because we have so many visiting from out-of-state, and each state has slightly different ways of doing things. It’s worth noting that the U.S. Supreme Court upheld the legality of sobriety checkpoints under the Fourth Amendment in the 1990 case of Michigan Dept. of State Police v. Sitz, albeit with some protocols aimed at minimizing arbitrary enforcement and intrusiveness. Continue reading

September 15, 2024

Misdemeanor vs. Felony DUI in Florida: What’s the Difference?

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

If you’ve been charged with driving under the influence (DUI) in Fort Lauderdale, you may be wondering whether you are facing a misdemeanor or felony charge. The distinction between the two is crucial, as it can greatly impact the penalties you face and the long-term consequences on your life. As a Fort Lauderdale criminal defense attorney, I often get asked about this difference and how it affects the defense strategy.

What Is a Misdemeanor DUI?

In Florida, most DUI charges are classified as misdemeanors. This is especially true for first-time offenders. A misdemeanor DUI generally occurs when someone is caught driving with a blood alcohol concentration (BAC) of 0.08% or higher or is under the influence of alcohol, drugs, or a combination, without causing significant harm to others.