DUI Lawyers In Fort Lauderdale
Protecting Your Rights
South Florida and Fort Lauderdale are well-known for their nightlife. People come from all over to enjoy the many bars and clubs that the city has to offer. With so many people out enjoying themselves, it is no surprise that there are also a large number of drunk driving arrests each year.
If you have been arrested for driving under the influence (DUI) in Broward County, you may be feeling scared and alone. You likely have never faced criminal charges before and may be wondering what will happen to your job, your family, and your future. You are not alone. An experienced Fort Lauderdale DUI lawyer can help you navigate the complex legal system and fight for the best possible outcome in your case.
At George Reres Law, P.A., our South Florida team understands how stressful a DUI arrest can be. We will work diligently to protect your rights and help you obtain the best possible outcome in your case. We have successfully represented clients facing a wide range of DUI charges, including first-time offenses and multiple DUI offenses.
No two cases are alike. Our firm will take the time to get to know you and your case so that we can tailor our approach to fit your specific needs. We understand that this is a difficult time for you, and we will do everything in our power to help you through it. Fight against your DUI charge with an experienced DUI defense attorney like George Reres.
Call us today at 954-523-3811 to get the right criminal defense attorney for your DUI case.
Why Was I Pulled Over For A DUI?
There are a number of reasons why a law enforcement officer may pull someone over on suspicion of drunk driving. Some common reasons include the following:
- Weaving in and out of lanes: This is one of the most obvious signs of impairment and one that officers look for when they are on the lookout for drunk drivers.
- Driving too slowly: This can be a sign that a driver is impaired, especially if they are driving well below the posted speed limit.
- Making illegal turns: This can be another sign of impairment, as it can indicate that the driver is having difficulty operating their vehicle.
- Failure to use turn signals: This is a basic traffic violation, but it can also be a sign that the driver is impaired.
- Failing to use headlights at night: This is another basic traffic violation, but it can also indicate that the driver is impaired.
If an officer suspects that a driver is impaired, they may ask the driver to perform a series of field sobriety tests. These tests are designed to give the officer an indication of whether or not the driver is impaired. Some common field sobriety tests administered during a DUI stop include:
- The horizontal gaze nystagmus test: This test involves the officer asking the driver to follow a moving object with their eyes. Impaired drivers often have trouble tracking objects with their eyes, and this can be a sign of intoxication.
- The walk-and-turn test: This test involves the officer asking the driver to walk in a straight line, heel-to-toe. Impaired drivers often have trouble with their balance, and this can be a sign of intoxication.
- The one-leg stand test: This test involves the officer asking the driver to stand on one leg and count out loud. Impaired drivers often have trouble with their balance, and this can be a sign of intoxication.
If a police officer believes that a driver is impaired, they may ask the driver to submit to a chemical test. There are two types of chemical tests commonly used in DUI cases: breath tests and blood tests. Breath tests are typically administered using a device known as a breathalyzer. Blood tests are typically administered at a hospital or medical facility.
The results of a chemical test can be used as evidence in a DUI case. It is important to note, however, that these tests are not always accurate. There are a number of factors that can affect the accuracy of a breathalyzer test, including the type of machine that is used and the way it is calibrated. Blood tests can also be affected by a number of factors, including how the blood was drawn and how it was stored. An experienced DUI lawyer will know how to challenge the results of these tests and use them to your advantage.
If you have been arrested for DUI, you may be feeling overwhelmed and uncertain about what to do next; contact attorney George Reres today!
An Overview of Florida DUI Laws
Florida’s DUI laws are stringent and strictly enforced to ensure road safety. In the state, it’s illegal to drive with a blood alcohol content (BAC) of 0.08% or higher, or 0.04% for commercial vehicle drivers. For drivers under 21, any detectable amount of alcohol is prohibited. Refusing a breathalyzer test can result in immediate license suspension under Florida’s implied consent law.
Penalties for DUI convictions vary based on factors like BAC levels, prior offenses, and whether there was an accident or injury involved. Additionally, Florida has enhanced penalties for aggravated DUI, such as DUI with a minor passenger, causing serious injury or DUI manslaughter, or having exceptionally high BAC levels. These offenses can lead to severe consequences, including significant fines, extended jail time, and mandatory alcohol treatment programs.
Understanding Florida’s DUI laws is crucial to avoid legal troubles and maintain road safety. If charged with a DUI, consulting an experienced attorney can help navigate the legal process and build a strong defense strategy.
What Are The Potential Consequences Of A DUI Conviction?
The penalties for DUI in Florida are very serious. You could be facing jail time, large fines, and a suspension of your driving privileges. The specific penalties that you are facing will depend on the facts of your case, your prior criminal history, and whether anyone was injured as a result of your DUI.
Under Florida law, first-time offenders may be facing up to six months in jail, a $1,000 fine, and a driver’s license suspension of up to 180 days. Second-time offenders may be facing up to 9 months in jail, a $2,000 fine, and a driver’s license suspension of up to five years. Third-time offenders may be facing up to 1 year in prison, a $5,000 fine, and a driver’s license suspension of up to ten years.
In addition to the above penalties, you may also be required to install an ignition interlock device in your car. This device requires you to blow into a breathalyzer before your car starts. You may also be required to attend DUI school and perform community service.
For more information, please see:
- Penalties for a Florida DUI Conviction
- What Happens If A Commercial Driver Is Convicted Of A DUI In Florida?
- Florida DUI and Administrative Suspension Laws
What Qualifies as a Felony DUI in Florida?
Although DUI charges are usually categorized as a misdemeanor, charges can escalate to a felony in Florida under certain conditions, such as:
- If a driver has a third DUI conviction within a ten-year period, which can elevate the offense to a third-degree felony.
- If a DUI leads to serious bodily injury or death, resulting in felony charges.
- DUI manslaughter, a second-degree felony, is applicable if a fatality occurs due to impaired driving.
- If a driver leaves the scene of an accident involving injury or death.
The gravity of a felony DUI charge underscores the importance of finding experienced legal counsel.
How Does a DUI Impact a CDL in Florida?
Driving under the influence during the operation of a commercial vehicle is a serious crime in Florida. While the standard for a passenger vehicle is 0.08% BAC, any CDL driver with a BAC of 0.04% or greater is considered driving under the influence.
In such a scenario, the FLHSMV will suspend the driver’s CDL for one year at minimum. However, the suspension will be for three years if the driver was hauling hazardous materials at the time of the incident. One must also recognize that none of these penalties impact the outcome of the criminal case brought by law enforcement against the CDL holder. The CDL holder, like anyone else facing Florida DUI charges, could be penalized by incarceration, fines and fees, DUI driving school, and additional license suspension.
How Can A Fort Lauderdale DUI Lawyer Defend Me?
There are a number of defenses that can be raised in a DUI case. The specific defenses that apply in your case will depend on the facts of your case. Some of the most common defenses to DUI charges include:
The stop was unlawful: A common defense to DUI charges is that the stop was unlawful. If the officer did not have a valid reason to stop you, then the evidence that was obtained as a result of the stop may be suppressed. There are a number of factors that can contribute to an unlawful stop, including:
- The officer did not have a reasonable suspicion to believe that you were breaking the law
- The officer did not have a valid warrant to arrest you
- The officer did not have probable cause to believe that you were impaired
If you can show that the stop was unlawful, the evidence against you may be thrown out, and your case may be dismissed. An experienced DUI lawyer will know how to challenge the legality of your stop and use it to your advantage.
Duress: Another common defense to DUI charges is that you were driving under the influence of alcohol or drugs because you were coerced or forced to do so. This is commonly known as the “duress” defense. To successfully raise the duress defense, you must show that:
- You were facing an immediate threat of death or serious bodily injury
- You did not have time to seek out a safe alternative
- You had no other choice but to drive under the influence of alcohol or drugs
If you can show that you were forced to drive under the influence of alcohol or drugs, your charges may be reduced or dismissed.
The breathalyzer test was inaccurate: Breathalyzer tests are not always accurate. There are a number of factors that can affect the accuracy of a breathalyzer test, including the type of machine that is used and the way it is calibrated. An experienced DUI lawyer will know how to challenge the results of these tests and use them to your advantage.
The blood test was inaccurate: Blood tests can also be affected by a number of factors, including how the blood was drawn and how it was stored. Our law office can challenge the results of these tests to try to get them suppressed or thrown out.
You were not impaired: Even if you had a high blood alcohol level, you might still be able to successfully defend against DUI charges if you can show that you were not actually impaired. There are a number of factors that can contribute to impairment, including fatigue, stress, and illness.
Actual physical control: You may also be able to defend against DUI charges if you can show that you did not have “actual physical control” of the vehicle. There are a number of factors that can be considered when determining whether you had actual physical control, including:
- Whether the keys to the vehicle were in your possession
- Whether you were asleep in the vehicle
- Whether the vehicle was parked
- Whether the engine was running
If you can show that you did not have actual physical control of the vehicle, your charges may be reduced or dismissed.
These are just some of the defenses that can be raised in a DUI case. If you have been charged with DUI, it is important that you contact an experienced DUI attorney who can help you defend against the charges and protect your rights
Contact A Fort Lauderdale DUI Defense Lawyer Today For Strong And Compassionate Service
Not all DUI lawyers are the same. With experience as a federal criminal defense lawyer, George Reres can provide you with the concrete and thoughtful defense that you need in your DUI case. Whether this is your first DUI or you have been charged with multiple DUI offenses, we can help. Serious consequences like jail time, fines, license suspensions, and more can threaten your livelihood. Prior convictions can make matters worse.
After your arrest, you will likely be feeling nervous and uncertain about what to do next. It is important to remember that you have rights and options, and an experienced Fort Lauderdale DUI attorney can help you navigate the legal process and fight for the best possible outcome in your case. At our DUI law firm, we understand the challenges that you are facing, and we will tailor our approach to fit your specific needs. We know this is a tough time for you, and we’re here to help you every step of the way. You don’t have to go through your DUI charge alone – George Reres is an experienced DUI defense lawyer who can help.
Call George Reres Law at 954-543-1186 or complete an online form today for a free consultation and to get the criminal defense attorney you need for your case.