Multiple DUI Lawyer in Fort Lauderdale
Act Now to Protect Your Freedom and Future
A second, third, or subsequent DUI on your record can severely impact your life. You may face lengthy license suspensions, steep financial penalties, and even jail time. Having the right legal representation can make all the difference in reducing the severity of the charges and penalties.
At George Reres Law, P.A., we understand the stress and consequences of multiple DUI offenses. We have years of experience defending clients in Fort Lauderdale and throughout Florida. Our dedicated DUI defense team is here to protect your rights and work tirelessly to secure the best possible outcome in your case.
What Is DUI in Florida?
In the state of Florida, a DUI can be charged when an individual is caught driving under the influence of alcohol, chemical substances, or controlled substances. It can be proved by a breath or blood alcohol level at or above the legal limit of .08, by evidence of impairment of normal faculties, or by a combination of both. Regardless of how the offense is proven, the penalties are the same. A first DUI can result in fines, mandatory DUI education, license suspension, and possibly a short time in jail. With multiple DUIs, however, the consequences are much harsher, and penalties become more severe with each subsequent offense.
What Is the Impact of Multiple DUI Offenses?
Florida laws heavily punish drivers who have multiple DUIs. The penalties escalate with each additional DUI charge. If you are charged with a second, third, or subsequent offense, the consequences can be severe. It is crucial to act quickly and secure skilled legal representation to minimize the potential consequences. As stated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), the following penalties are applied to multiple DUIs:
- Second conviction: Fine of $1,000 to $2,000; imprisonment for up to nine months; and impoundment or immobilization of your vehicle for 30 days if the second conviction is within five years of a prior conviction. With a blood alcohol level (BAL) of .15 or higher or with a minor in the vehicle, a second DUI conviction carries a fine of $2,000 to $4,000, as well as mandatory imprisonment for at least 10 days if the second DUI occurred within five years of the first.
- Third conviction: A third DUI carries a fine of $2,000 to $5,000 and imprisonment for up to 12 months. If it occurs within 10 years of a prior conviction, imprisonment is mandatory for at least 30 days, and the vehicle is impounded or immobilized for 90 days. With a BAC of .15 or higher or a minor in the vehicle, the fine is not less than $4,000.
- Fourth or subsequent conviction: A fourth DUI carries a fine of not less than $2,000, and not less than $4,000 with a BAL of .15 or higher or a minor in the vehicle. It is punishable by imprisonment for up to five years, or as provided in the Florida Statutes at Section 775.084, for habitual or violent offenders.
What Are the Legal Defenses Against DUI Charges?
The defense strategies your DUI attorney uses will depend on the specific circumstances of your case. The goal is to create doubt in the mind of the judge or jury, potentially leading to a reduction in penalties or a dismissal of the charges. The following are some common legal defenses against DUI charges:
- Improper traffic stop: Law enforcement must have had reasonable suspicion to pull you over in the first place for a DUI arrest to be valid. If the officer did not have a valid reason for the traffic stop, such as witnessing erratic driving behavior or other indicators of impairment, any evidence obtained after the stop may be deemed inadmissible. Actions by your DUI defense lawyer about rights violations could result in the dismissal of the charges.
- Improper administration of field sobriety tests: Law enforcement often uses field sobriety tests to assess a driver’s impairment. These tests involve walking in a straight line, standing on one leg, and following the officer’s finger with your eyes. Many factors other than impairment can affect a person’s performance in these tests, including health issues, physical disabilities, environmental conditions, and nervousness or anxiety.
- Inaccurate breathalyzer results: Police officers commonly use breathalyzer tests to measure blood alcohol concentration (BAC). However, breathalyzers can produce incorrect results due to faulty equipment, improper calibration, and medical conditions such as acid reflux, gastroesophageal reflux disease (GERD), and diabetes.
- Rising blood alcohol level: If a breath or blood test was administered hours after the arrest, your BAC may have been rising at the time of the test. You may have a defense based on the concept of “rising BAC” if you tested under the legal limit while driving but over the limit when tested.
- Faulty blood test results: Blood tests are a method of measuring BAC that is also subject to flaws, including contamination, laboratory errors, improper handling and storage, and chain of custody issues.
- Lack of probable cause: Police officers must have probable cause to arrest you. When law enforcement did not observe any behavior that gave them probable cause, the traffic stop, and the arrest may be illegal. The evidence obtained in that arrest could be successfully challenged.
A DUI charge with prior convictions can wreak havoc on your life. It is vital to act quickly to ensure you have the protection of a criminal lawyer when your freedom and driving privileges are on the line. Our Fort Lauderdale multiple DUI lawyers at George Reres Law, P.A., can thoroughly examine the prosecution’s evidence against you and challenge every flaw. We have successfully represented clients facing all types of criminal charges, including multiple DUIs. We offer a free consultation. Contact us at 954-543-1186.