Broward DUI Lawyer Blog

The question I have been asked more than any other in the 25 years I have been practicing as a DUI defense attorney in South Florida is, "Should I blow into the machine?" The better question to ask is "What can I do to minimize the risk of going to jail for DUI once I have been pulled over?" The second question takes into account that in Florida, and that includes Ft. Lauderdale in Broward County, all Miami-Dade County and anywhere in Palm Beach County, a law enforcement officer cannot ask you to submit to a breath test unless you have already been arrested.

There are three typical DUI scenarios: The one officer scenario, the two officer scenario and the accident scenario. And, sometimes there are combinations of each. However, we can take each at a time since these are the most common. Before we begin you should keep one thing in mind. The following "rules" apply only to those who are legally DUI under any objective criteria. Police officers do not usually arrest the obviously innocent, although I have seen lots of exceptions to that rule. In this post, however, we will speak only to those that are obviously guilty.

Continue reading "Frequently Asked DUI Questions Pt. 1" »

Equally as important as providing effective assistance of counsel in court, the DUI defense attorney must also provide proper representation of the client before the Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews. In 1991, the Florida legislature enacted what was then referred to as the "roadside suspension" statute. In effect, this law gave law enforcement officers the authority to suspended drivers licenses on behalf of the DHSMV. Police officers can now suspend the licenses of those persons they arrest for DUI provided the person blows above a .08 or refuses to provided a legally requested breath, urine or blood test. The most important element of the suspension process is the availability of a "formal review," of the department imposed administrative suspension.

If it appears that a person arrested for DUI is having their license suspended twice for the same conduct. That would be correct. I was part of an effort back in the early 90's to challenge the administrative process as a violation of double jeopardy. At the time, it was clear that according to a United States Supreme Court opinion dealing with forfeitures, that the administrative suspensions did violate double jeopardy. However, when the Florida appellate courts reviewed the issue they defended the administrative suspension law and today it is still intact.

Continue reading "Administrative DL Hearings" »