First-Time DUI Lawyer in Fort Lauderdale

Protecting Your Rights and Freedoms

A DUI arrest can be an overwhelming experience. If this is your first time facing these charges, you may feel a mixture of confusion, anxiety, and uncertainty about the future. You may wonder how it will affect your life, the consequences, and, most importantly, your defense options.

As a first-time DUI offender, it is crucial to understand that this is a serious situation that could have lasting effects on your freedom, career, and reputation. The good news is you do not have to face it alone. A skilled first-time DUI attorney can guide you through the process, protect your rights, explain your options, and advise you on the best course of action.

What Is DUI in Florida?

Driving under the influence (DUI) is prohibited under Section 316.193 of the Florida Statutes. A person can be charged with DUI for operating a vehicle with a blood alcohol level of .08% or higher or with normal faculties impaired by alcohol, drugs, or chemical substances. You do not necessarily have to be over the legal limit to be charged with DUI in Florida if a police officer determines that you are impaired based on behavior observations, physical evidence, and field sobriety test performance.

While the penalties for DUI are not as severe for first-time offenders as for repeat offenders, they are still significant. These charges are not taken lightly in Florida, and the impact of a conviction can extend far beyond the courtroom.

What Should You Do If You Are Pulled Over?

If you are pulled over on suspicion of DUI, it is important to remain calm and understand your rights and responsibilities. Pull over safely. Be respectful and cooperative. You are not required to answer questions such as “Have you been drinking?” You have the right to remain silent to avoid incriminating yourself. When asked, provide the officer with your driver’s license, registration, and proof of insurance. Do not admit to drinking or using drugs.

You are not required to perform field sobriety tests, although refusing them may make police more suspicious. If you refuse, politely state that you do not wish to perform the tests. If you are arrested and subsequently asked to take a breathalyzer or blood test, you are required to comply with Florida’s implied consent laws.

What Is the DUI Arrest Process in Fort Lauderdale?

The process of a DUI arrest can be complicated, stressful, and exhausting. The following is an overview of the steps typically involved:

Initial stop: The process begins when law enforcement pulls you over under suspicion of DUI. For a traffic stop to be legal, police must have reasonable suspicion that you were committing a traffic violation or a crime.
Field sobriety tests: If the officer suspects you are impaired, you may be asked to perform field sobriety tests designed to assess physical and mental abilities, such as balance, coordination, and the ability to follow instructions. You are within your rights to refuse field sobriety tests in Florida. However, police officers may use a refusal against you to increase suspicion of intoxication.
Breathalyzer test: If you perform poorly in field sobriety tests or refuse to take them, the officer may ask you to submit to a breathalyzer test. Under Florida’s implied consent laws, anyone driving on state roads has given implied consent to submit to any lawful request by law enforcement for a breath, blood, or urine test to determine blood alcohol level if lawfully arrested for DUI. Refusal could lead to license suspension for one year and other penalties.
Arrest: If the officer determines you are impaired, you will be arrested and taken into custody. You will be booked, and your vehicle may be impounded.
Blood test: If the arresting officer suspects impairment due to drugs, they may request a blood test, which would typically be done at a medical facility after your arrest.
Bond hearing: Typically, 24 to 48 hours after the arrest, you will have a bond hearing during which the judge will decide whether you should be released from jail and under what conditions, such as the amount of bail or whether you should remain in custody. Bail is usually allowed for first-time DUI offenders.
Arraignment: After your arrest, you will be scheduled for arraignment. During this court appearance, the charges against you will be read aloud, and you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, the case will proceed to the next stages, in which you may challenge the charges.

What Are the Penalties for a First-Time DUI?

Penalties for DUI in Florida can vary depending on the circumstance of the case, including blood alcohol content (BAC) at the time of arrest, whether anyone was injured, and whether there were aggravating factors. DUI penalties can be influenced by various factors. Working with a skilled DUI lawyer can help you obtain the most favorable outcome possible. Potential DUI penalties include the following:

Fines and jail time: Possible penalties under the law for first-time DUI include a fine of $500 to $1,000 and up to six months of jail time. Fines may increase if your blood alcohol content (BAC) is over .15%. Most first-time DUI offenders are not sentenced to jail time, although with aggravating circumstances, the judge may impose a jail sentence of up to six months.
License suspension: For a first offense, a driver’s license is suspended for six months. You may be eligible for a hardship license, allowing you to drive to and from work, school, or other essential destinations.
Ignition interlock device: With a first DUI conviction, if your BAC was .15% or higher, the court may require the installation of an ignition interlock device in your vehicle, typically for at least six months. Offenders are responsible for paying installation, maintenance, and monitoring costs.
Vehicle impoundment: In some cases, particularly with a BAC significantly above the legal limit, the vehicle may be impounded for a period of time.
Probation: It is common for first-time DUI offenders to be placed on probation as an alternative to jail. Probation may last for up to one year. Conditions typically include requirements to attend DUI school, receive substance abuse counseling, and perform community service.
DUI school: DUI offenders are required under Florida law to attend a state-approved DUI education program. These programs cover the dangers of impaired driving and are designed to deter future drunk driving crimes.
Community service: First-time DUI offenders must typically complete at least 50 hours of community service. This requirement may be one aspect of the probation conditions.

What Are the Legal Defenses Against First-Time DUI Charges?

Every DUI case is unique. Depending on the facts surrounding your arrest and the circumstances of your case, there may be legal defenses available to challenge the charges. The following are common DUI defenses:

Improper traffic stop: Your attorney may challenge the officer’s observations or reasons for the stop. If law enforcement did not have a valid reason to pull you over, the evidence obtained in the traffic stop could be deemed inadmissible.
Faulty field sobriety tests: These tests, administered on the side of the road, are subjective and do not always provide reliable evidence of impairment. Police officers may fail to properly administer or explain the tests, rendering results unreliable. A skilled DUI lawyer can look for any inconsistencies in the administration or results of field sobriety tests and argue that they do not accurately reflect impairment.
Inaccurate breathalyzer results: Breath tests for blood alcohol content are not foolproof. Various factors can lead to inaccurate readings, including equipment malfunction, improper calibration, and medical conditions such as acid reflux.
Improper blood test handling: If a blood sample is not handled or stored correctly, it could be contaminated or spoiled, leading to inaccurate results.
Rising BAC: In some cases, a driver’s BAC may be below the legal limit at the time of the arrest but rises above the limit as time passes. Your defense attorney may argue that your BAC was under .08% while you were driving.
Constitutional rights violations: Police are required to follow certain procedures in DUI arrests. They must provide you with Miranda warnings and inform you of your implied consent rights (meaning you must legally submit to chemical testing). They must conduct the arrest in accordance with the law. If officers conducted an illegal search and seizure, used excessive force, or violated your rights in any way, the defense may argue that any evidence obtained as a result should be suppressed.

How Do First-Time DUI Diversion Programs Work?

Florida has diversion programs as an alternative to criminal prosecution for first-time DUI offenders. These programs focus on rehabilitation, education, and community safety. DUI charges may be reduced or dismissed upon successfully completing a diversion program. Components of a diversion program typically include the following:

Educational sessions on the consequences of impaired driving
Counseling for substance abuse or psychological assessment
Community service for a designated number of hours
Regular monitoring, including sobriety tests and checking in with program supervisors
Payment of enrollment fees and costs associated with the program, as well as fines

Not everyone facing DUI charges is eligible for a diversion program. Typically, participants must meet the following requirements:

First-time DUI offender
No serious bodily injury or death resulted from the incident
BAC below a limit specified for the program
Willingness to comply with all program requirements

Successful completion of a DUI diversion program can make it possible to avoid a criminal conviction if the charges are dismissed altogether. In other cases, it may result in reduced penalties, allowing participants to avoid jail time and potentially reducing license suspension duration.

Do You Need a Lawyer for a First Offense DUI?

If you have been arrested for DUI, your best chance of obtaining the most favorable outcome is to have an experienced criminal defense attorney representing you. Even if it is your first offense, a skilled defense lawyer can make all the difference for the following reasons:

Guiding You Through the Process

The legal process for DUI charges can be confusing and overwhelming, particularly if you have never been involved in the criminal justice system. An experienced DUI attorney understands the process and can guide you through it every step of the way.

Challenging the Evidence

A skilled DUI lawyer knows how to challenge the evidence against you. This may include questioning the validity of field sobriety tests, challenging the results of breath or blood tests, and identifying procedural errors made by law enforcement.

Negotiating with the Prosecution

A seasoned DUI defense attorney can negotiate with the prosecution for reduced charges or a more favorable plea deal. Objectives of negotiations may include reduced fines, fewer probation requirements, or even having the charges dropped.

Protecting Your Rights

A DUI conviction carries serious consequences that can have long-lasting effects on your life. Your attorney can ensure your rights are protected throughout the legal process and keep you from inadvertently making mistakes that could hurt your case.

Reducing or Avoiding Penalties

With a skilled DUI lawyer by your side, you may be able to avoid some of the harshest penalties for DUI, such as jail time or extended license suspension. Your attorney may be able to present mitigating factors that could help reduce your penalties.

At George Reres Law, P.A., we take the time to get to know you and your case so we can tailor our strategies to fit your specific needs. We understand how stressful a DUI arrest can be, and we will do everything in our power to help you through it. Our Fort Lauderdale first-time DUI lawyers can help you navigate the system and fight for the best possible outcome. Contact us for free consultation at 954-543-1186.