Fort Lauderdale DUI defense

July 3, 2024

Penalties for a Fort Lauderdale DUI Arrest

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

A Fort Lauderdale DUI arrest has the potential to do more than halt your driving privileges. It can result in jail time, major fines, and close the door to many opportunities – including those years down the road that may not even be on your radar yet. It can be tough to wrap your mind around the fact that one mistake made in a moment of poor judgment can have such a serious and lasting impact – but it’s true. The best way to minimize a negative outcome and long-term implications (some of which you may not have even realized existed) is to hire a Fort Lauderdale DUI defense attorney.

While driving impaired is often a one-time error for a lot of people, it’s something police in Broward County come across a fair amount. According to the Florida Department of Law Enforcement (FDLE), there are roughly 1,300 DUI arrests in Broward in an average year. Along with assaults, drug arrests, and theft, it’s among the top 5 most common criminal charges filed in Broward County.

Florida DUI Statutes

F.S. 316.193 is the primary Florida DUI statute. It spells out the criteria for determining driver impairment and the potential penalties.

One of the first things people want to know after a DUI arrest is, “Am I going to jail?” The answer is, “Probably yes, at least for booking. But how long you stay there – and the seriousness of the other penalties you face thereafter – depends on a number of factors that are going to be specific to your case.”

If it’s your first offense, you’re over the age of 21, don’t have a BAC of 0.15% or higher and you didn’t cause an accident, hurt anyone, or have a child under 18 in the car, you’re most likely facing a second-degree misdemeanor. You’ll be looking at fines ranging from $500 to $1,000, up to 6 months in jail, up to 1 year of probation, 50 hours of community service, vehicle impoundment, possible interlock ignition mandate, and completion of a DUI substance abuse course. Continue reading

June 6, 2024

6 Ways Fort Lauderdale DUI Lawyers Fight the Charges Against You

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

Fort Lauderdale DUI lawyers know that even when the evidence against you seems overwhelming, there are always strategies to minimize the damage. Some clients are surprised at how effective a skilled defense lawyer can be, particularly when they know their actions may have crossed certain legal boundaries.

According to recent state law enforcement data, there were an estimated 1,300 DUI arrests in Broward County in a single recent year. But arrest doesn’t mean guaranteed conviction – particularly if you prioritize legal representation.

A Florida DUI conviction can have serious consequences — for your freedom, your finances, and your future. Even if you know you were in the wrong, do not simply resign yourself to pleading guilty to DUI until you have first consulted with a Fort Lauderdale DUI defense attorney. We can explain exactly what a guilty plea to F.S. 316.193 will mean for you, and offer possible defense approaches that could work substantially in your favor.

Fort Lauderdale DUI Defense Strategies

Not every defense strategy will work for every situation. That’s why it’s important to have a lawyer look at the individual facts of your case, compare it to existing law, and map out potential weaknesses in the prosecution’s case. Some of the elements we’ll be examining closely:

How did the officer handle the stop?

Drivers can’t be pulled over for absolutely no reason. The officer must have reasonable suspicion that the driver violated the law — either a traffic law or some other. They can’t merely stop you on a hunch or gut feeling. They have to be able to clearly articulate good cause for their action. DUI checkpoints may be the exception, but even then, certain rules must be followed. If the stop was invalid from the start, any evidence gleaned thereafter can be tossed.

What kind of field sobriety tests were administered?

Standardized field sobriety tests are frequently used in DUI stops, but they aren’t an exact science — and police aren’t scientists or medical professionals. There are many peer-reviewed studies by actual scientists who concluded field sobriety tests may only be accurate 30% to 60% of the time. Courts allow them to be used as evidence to support an officer’s conclusion, but they aren’t mandatory (the way breathalyzer tests are per Florida’s implied consent law). Nor do they paint a complete picture, even if they are accurate. Our defense team will look closely at the type of test, the methodology, and the results. Continue reading

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

March 1, 2020

Should You Refuse the Breathalyzer During a Florida DUI Sobriety Test?

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

Recent reporting by The New York Times reveals that breathalyzer tests, used in almost every police department in America, routinely generate skewed results – even though they’re marketed as being precise to the third decimal. Last year, judges in New Jersey and New Hampshire tossed more than 30,000 breathalyzer test results as evidence in DUI cases due to human error and a lack of government oversight. The same thing has happened thousands of times over across the country after tests showed that improperly-calibrated machines can show blood-alcohol percentage results that are 40 percent too high.

But does that mean drivers suspected of DUI shouldn’t take it?

Fort Lauderdale DUI defense lawyers know the answer to this truly depends on the situation, but you should know two things: Continue reading

May 9, 2019

DUI on a Lawnmower? Florida DUI Defense Lawyers Discuss Other Applicable Vehicles

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

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.

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

April 19, 2019

Florida DUI Defense Lawyer Answers: Are Roadside Blood Tests Legal?

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

Law enforcement officers wishing to obtain a blood sample of a driver suspected of being impaired would be wise to get a warrant. However, the latest practice of so-called “e-warrants” is making that process much easier, a fact our Fort Lauderdale DUI defense attorneys want to make individuals aware.

When it comes to sobriety testing during traffic stops of suspected impaired drivers, there are a few things a Florida DUI defense lawyer will want you to know in advance: Continue reading

February 17, 2017

Florida Lawmakers Seek THC Blood Limits for Marijuana DUI

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

Florida’s law against driving under the influence, F.S. 316.193, covers the offense of operating a vehicle while intoxicated not just by alcohol, but by any chemical substance that impairs the person’s normal faculties. This includes marijuana. However, now that the drug has become legal for medicinal purposes in the Sunshine State, some lawmakers say this statute does not go far enough.

Now, House Bill 237, the Driving Under the Influence of Drugs Act, proposes that DUI arrests can be made and convictions secured if evidence is presented the driver had 5 nanograms or more of THC per milliliter of blood. If the law is passed, it would go into effect this October.

However, there has been significant push back from the scientific community on this because blood testing for THC, which is a fat-soluble compound, is known to be an inaccurate means of testing impairment. That’s because the substances stays in one’s body long after consumption, unlike alcohol, which dissipates quickly. What that means is if you find a certain amount of alcohol in one’s blood or breath or urine, that alcohol was consumed fairly recently and one can opine with reasonable certainty about the degree of intoxication. But that isn’t true with marijuana. In fact, all a test like this will tell you is that the person is a marijuana user. A high level of THC in the blood stream is not necessarily indicative of impairment. It may only indicate the person is a regular user. So if a person consumes a little of the drug every evening for a month and is pulled over one morning – completely sober – he or she could well have a THC level above that 5-nanogram limit. Continue reading

September 29, 2016

FSU Coach Arrested for DUI in Florida, Suspended

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

Florida State University football team’s strength & conditioning coach was suspended for a month without pay following his Florida DUI arrest in Tallahassee, following a blow-out party with crew members of the “Showtime” network.

According to The Tallahassee Democrat, Coach Vic Viloria spent the evening drinking whiskey on the Florida State campus, first at his office and then, after deeming that “inappropriate,” fearing other employees might see, moving to the Showtime crew’s trailer. Although he initially planned to “sleep it off” in his office (a wiser choice), he chose to drive home early on a recent Saturday morning. However, he did not make it home before he was stopped by police. The FSU team and its season is the focus of Showtime’s latest series, “A Season With,” which debuted this month. Viloria said he was given a bottle of whiskey by the crew to celebrate the closing of the preseason camp. He reportedly opened the bottle in his office and shared it with three Showtime crew members.

The case is illustrative of the fact that a Florida DUI arrest can impact multiple areas of your life. Obviously for someone with a high-profile position like Viloria, the impact is severe. In this case, the 30-day suspension handed down by the university represents one-third of the team’s regular season schedule, which spans a total of 12 games. The suspension began Sept. 2 and will last through Oct. 1. Continue reading

July 6, 2016

U.S. Supreme Court: DUI Warrantless Breath Tests OK, Blood Tests Not

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

The U.S. Supreme Court handed down an important Fourth Amendment decision recently in the case of Birchfield v. North Dakota, which dealt with warrantless breathalyzer tests and blood tests, ultimately invalidating implied consent laws that pertain to warrantless blood draws.

Essentially, the court decided that while the government cannot require a person to submit to a blood draw without first obtaining a warrant, the government can require a person arrested for drunken driving to submit to a warrantless breath test.

The case was the result of consolidated appeals from three separate drunk driving arrests in which the defendants were prosecuted – or threatened with prosecution – for refusing to take a blood or breath test. Continue reading

April 9, 2016

DUI, Hit-and-Run Charges for Hollywood Man

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

A Hollywood man has been arrested for DUI and hit-and-run after he allegedly caused a fatal crash and then failed to remain at the scene.

According to The Sun-Sentinel, 53-year-old Gabriel Tommie could be facing up to 5 years in prison.

Officials report defendant was driving a pickup truck in January when he reportedly struck a vehicle at the Stirling Road and South University Drive intersection. The driver of the other vehicle involved in the crash was reportedly injured, but Tommie left the scene. Continue reading