Broward DUI Lawyer Blog

Fort Lauderdale DUI Defense Lawyer Carlos Canet and the staff at our law offices wish each of you a safe and enjoyable New Year holiday. Please celebrate responsibly and call if you are arrested for drunk driving in Broward County or elsewhere in South Florida.

The Sun-Sentinel reports a number of organizations are offering rides to impaired drivers through the New Year's holiday.

"Tow to Go" can be reached at 800-222-4357. A tow truck will be dispatched to give a driver a ride home, along with his or her car. "If you're at a bar, a restaurant or even a holiday party, you can call 1-800-AAA-HELP and basically we will send a tow truck driver to your location. And, they'll give you a free, confidential tow and ride home," said Jessica Brady, a public relations manager for AAA Auto Club South.

The Florida Highway Patrol reports alcohol was involved in more than half of all fatal accidents that occurred during last year's New Year's holiday.

Law enforcement will be out in force conducting saturation patrols and law enforcement road blocks through the weekend. Many times, such emphasis on arresting drunk drivers leads to marginal arrests. Law enforcement roadblocks, in particular, often result in unfair and/or unwarranted arrest. Those who are stopped and arrested should remain polite, and remain silent. You are not required to participate in field sobriety testing. Whether you take the breathalyzer is a personal choice. You will automatically lose your license if you refuse the test. But you will lose your license anyway by being convicted of DUI and refusing the test denies prosecutors a key piece of evidence to use in your conviction.

In each case, an experienced drunk driving defense attorney should be consulted. As we report here frequently, only about half of those charged with DUI in Florida are convicted of the charge in any given year. A DUI conviction can lead to job loss, jail time, license suspension, thousands of dollars in fines, court costs and supervision fees, and may even result in an ignition interlock device being placed on your vehicle.

Whether a misdemeanor or felony, a drunk driving charge is a very serious charge. Please celebrate responsibly and contact an attorney if you, a friend, or family member, is targeted by law enforcement over the holiday weekend.

Continue reading "Lauderdale DUI Defense Attorney wishes you a safe and enjoyable New Year Holiday " »

The 73-year-old founder of the Ron Jon Surf Shop empire has been charged with DUI in South Florida, according to NBC Miami.

Ron DiMenna was stopped in his pickup truck on Merritt Island. He reportedly had trouble walking when he stepped out of his truck and police reported finding a half-full can of a popular alcoholic energy drink.

He was booked into Brevard County Jail and later released on $5,500 bail.

DiMenna has a history of drunk driving arrests, according to media reports. He pleaded guilt to reckless driving in 2005. And, in 2007, he lost his license for six months after being convicted of DUI.

If the 2005 reckless driving charge was reduced from a drunk driving charge, it illustrates the importance of hiring an experienced Broward DUI lawyer or drunk driving defense attorney elsewhere in South Florida.

Under Florida drunk driving laws, a conviction for a third DUI in 10 years comes with a penalty of up to a year in jail and can be charged as a felony punishable by up to five years in prison. It also requires a 10-year license suspension with no hardship eligibility for the first two years. In this case, it appears DiMenna will face less serious penalties because of the previous reduction.

DiMenna started Ron Jon Surf Shop in New Jersey in 1959.

Continue reading "Ron Jon founder's DUI arrest illustrates importance of fighting drunk driving charges in South Florida" »

The Florida Department of Highway Safety and Motor Vehicles is reminding motorists about the high costs associated with a DUI conviction in an effort to reduce the risk of drunk driving accidents in Fort Lauderdale and elsewhere in South Florida through the holidays.

It's imperative that anyone cited as a result of a DUI accident seek the representation of an experienced Fort Lauderdale criminal defense attorney immediately. Prosecutors frequently make an example of such defendants and the media reports are typically one-sided affairs. Judges, for their part, are only too happy to hand down long prison sentences in cases where serious or fatal injuries occur.

But, as the state points out, drunk driving arrests in South Florida that do not result in a serious or fatal accident can also be quite costly. Frequently, an inexperienced defendant, already stressed about being charged, will attempt to go it alone -- without the assistance of an attorney.

This is usually a mistake. DUI defense lawyers in Lauderdale and Miami understand being accused of drunk driving is a stressful time. And we know that cost of legal representation is often a concern. But we also know the typical cost of a DUI conviction has been estimated at $10,000 to $15,000 or more. Paying a defense lawyer could be the best money spent throughout the process.

Costs associated with a DUI arrest or conviction can include:

-Towing and impound fees.

-Ignition interlock and other pretrial fees.

-Fines and court costs.

-Missed work or lost job associated with the arrest, jail time, alcohol classes or other requirements.

-Skyrocketing insurance premiums (200 to 300 percent increases are the norm).

-Costs of alcohol classes, mandated treatment, and probation.

-Costs associated with losing your driver's license.

-License reinstatement fees.

Continue reading "Attorney fees the least of your worries in wake of holiday DUI arrest in Fort Lauderdale or Miami" »

Residents of Broward County wondering what to do if they are pulled over for a DUI in Fort Lauderdale need not worry about a lot of complex advice.

Just SHUT UP!

The law requires that you must provide the police officer with your license and registration. You do not need to answer a lot of questions. You do not need to engage in a lot of nonsense involving the ABCs and standing on one foot for field sobriety testing. And you do not need to take a breathalyzer unless you are sure (absolutely certain) that you will test below the legal limit. Yes Florida's applied consent law means refusing testing will result in the loss of your driver's license. So will being convicted of DUI, which also comes with other penalties, like possible jail time, treatment and probation. By not testing, you will be denying prosecutors a key piece of evidence needed to convict you.

The Fifth Amendment protects us from incriminating ourselves so you can remain silent and not answer any questions. This is important due to the fact that suppose you are nervous and stutter when you speak or you slur your words. In court, the police officer can testify that you were stuttering or slurring your words which can then be held against you.

Nor is it the time to get angry or belligerent. Or to try to be witty. Just be polite. And be quiet. Too often a defendant's own words and actions during a DUI arrest in Fort Lauderdale become some of the most damning evidence used against him in court.

Most people don't realize that when you get your driver's license you are agreeing to take a chemical test of your blood, urine or breath if asked. It is called the Implied Consent Law. There is no law that says you have to get a driver's license. But if you do, you have certain obligations that come with having it.

The ramifications of refusing to take a chemical test are you will automatically lose your license. The only time you can't refuse a chemical test is if you are in an accident where death or serious injury occurred.

Stay safe and use a designated driver or public transportation. If you have had too much to drink, stay with a friend or call for a ride.

Continue reading "Holiday DUI defense in Broward County: SHUT UP!" »

Unless the police officer asks you to do so, don't get out of your vehicle when stopped for suspicion of drunk driving in Fort Lauderdale.

If you need to speak to a veteran Fort Lauderdale drunk driving defense lawyer, contact Carlos Canet in Fort Lauderdale or Miami.

If the police do ask you to exit your vehicle, it is probably for them to give you a field sobriety test. In Florida, it includes the following tests:

- Horizontal gaze nystagmus - the officer will ask you to follow their finger or the tip of a pen with your eyes. If you are unable to follow the pen or finger or if your eyes are jerking you fail the test.

-Walk and Turn - the officer will ask you to take 9 heel-to-toe steps, then turn, and take 9 heel-to-toe steps in the other direction. If you can't follow these directions and/or lose your balance you fail.

-One-Leg Stand - the officer will ask you to stand on one leg while the other is 6 inches off the ground and begin counting out loud. You must remain balanced and not put your foot down or you will fail.

It is important for you to know that these are voluntary tests. You are not obligated to perform any of them. Once again, don't incriminate yourself if you don't have to. The reality of it is these tests are designed to fail. The above is an over-simplification. There are more than a dozen criteria upon which an officer can fail you. And, since he is attempting to gather evidence of your guilt, you have little or no chance of passing.

Unfortunately, motorists often think a good performance will allow them to dodge an arrest and go on their way. This is rarely, if ever, the case. The reality of it is the officer has likely decided to arrest you for drunk driving before even asking you to perform the tests, and is simply gathering evidence of your guilt.

A veteran DUI defense lawyer can defend against such testing. In many cases, the tests are not properly performed or the officer has not received the proper training or certification. Often, a motorist will be asked to recite the ABCs or to perform other tests that are not recognized standards. The above three tests are the only nationally recognized and sanctioned field sobriety tests.

Continue reading "Field sobriety testing in Fort Lauderdale: Just say "No Thanks"" »

For nearly 30 years, veteran Fort Lauderdale DUI Defense Attorney Carlos Canet has advised motorist stopped on suspicion of drunk driving to refuse to take a breathalyzer examination.

Yes, you will automatically lose your driver's license. Florida drunk driving law provides for a one-year driver's license suspension for a first refusal and an 18-month suspension for second or subsequent offenses. But you will lose your driver's license anyway if you are convicted of drunk driving.

By refusing the breath test (and field sobriety testing) you will be denying the state two key pieces of evidence that will be used against you at trial. Avoiding a DUI conviction, even if refusing a breath test allows for the loss of your driver's license, has many benefits. Other sanctions that typically result from a DUI conviction include the possibility of jail time, hefty fines, alcohol treatment and probation sanctions and/or restrictions. Your car insurance premiums will also double or triple, costing you thousands in additional insurance costs for years to come.

The state's implied consent law is what permits it to suspend your driver's license for refusing a breath test. Under implied consent, you agree to take the tests, if asked, when you are issued your driver's license.

In the event of an accident causing serious or fatal injuries, you can be made to take a blood test-- even if an officer must physically force you to do so. And even if you refuse.

The only time you should voluntarily submit to such testing is if you are not feeling any effects of alcohol at the time of the request. If you are feeling any effects, no matter how minimal, DO NOT BLOW.

Continue reading "Fort Lauderdale DUI stops: To blow or not to blow " »

The National Highway Traffic Safety Administration is launching a $7 million television and radio campaign aimed at drunk driving prevention through the holiday season.

With that will come plenty of police overtime in the form of law enforcement roadblocks, or so-called sobriety checkpoints. Those who are stopped at a sobriety checkpoint and are charged with drunk driving should always consult an experienced Fort Lauderdale drunk driving defense attorney to fight the charges.

As we reported last month on our Broward DUI Lawyer Blog, DUI cases involving checkpoint arrests have been dismissed by a judge in Sarasota County for the second time in less than a year. The judge ruled the checkpoints were not properly conducted by law enforcement.

Checkpoints violate a motorist's right to privacy. They are also a violation of our right to be free from unlawful search and seizure. As a nod to the Constitutional rights upon which this nation was founded, the courts have at least ruled that law enforcement must follow certain rules. Too often, they do not.

A checkpoint plan must be established to ensure that each vehicle entering and leaving the roadblock is treated in the same manner. The stops must be publicized in the media. And the officers working the stops must have the proper training in conducting field sobriety testing and other mechanics.

In this case, Sarasota's plan required drivers to submit to breathalyzer testing even if field sobriety testing showed no evidence of intoxication. Frankly, this is not much different than what officers do in the normal course of business. We often report that field sobriety testing is nothing more than a tool used (and often misused) by law enforcement to gather evidence of your guilt. You have virtually no chance of passing. But in the context of a sobriety checkpoint, the rules are more strictly applied and in this case Sarasota's plan was shown to violate motorist's rights for the second time in less than a year.

Sobriety checkpoints have been shown to provide no deterrent to motorists. And less than 1 in 100 DUI arrests result from such law enforcement roadblocks. They are also inherently dangerous for motorists as well as law enforcement. The object is to set up on a dark road, where you are not expected to be by the motoring public, and then hope drunk drivers drive past!

They remain a popular law enforcement tool primarily because of the millions of dollars in grants and tax dollars that are used each year to pay for the overtime used to staff such roadblocks.

Continue reading "Holiday arrests at sobriety checkpoints in Miami and Fort Lauderdale need aggressive legal defense" »

The Florida Department of Highway Safety and Motor Vehicles has announced a crackdown on so-called "drugged driving" through the upcoming holiday season. As part of National Drunk and Drugged Driving (3D) Prevention Month, authorities will be specifically targeting drivers who are under the influence of drugs.

"As traffic crashes and fatalities steadily drop each year, it is disconcerting to see drug-related injuries and crashes rise, which is exactly what happened between 2008 and 2009," said Florida Highway Patrol Director John Czernis said. "The Florida Highway Patrol will participate in the nationwide, Drunk Driving. Over the Limit. Under Arrest. national crackdown this month to enforce Florida's tough DUI law. In addition, the Department will propose legislative changes this Spring that further strengthen the law as it pertains to drugged driving."

Those facing a traffic stopped for drunk or drugged driving in South Florida, should heed the advice of a veteran Fort Lauderdale drunk driving defense lawyer. Unless you are sure you will pass a breath test, refuse the breathalyzer examination. And never agree to take a urine or blood test for drugs. As we reported recently on our Broward DUI Lawyer Blog, a South Beach promoter recently passed a breathalyzer examination, only to be asked to submit to a test for drugs.

If asked, do not provide a urine sample.

"The hardest kind of DUI case to prove is a urine refusal," Broward DUI Attorney Carlos Canet said. "Unless the person is completely wasted on video, without a chemical result it is nearly impossible for the state to convict."

The state is reminding drivers that it is not just illegal narcotics that can lead to a charge of driving under the influence, prescription drugs and over-the-counter medications have also led to DUI charges. From a defense standpoint, your attorney will look at several factors, including how much of the drug was found in your system and how long it remains. Marijuana, for instance, will remain in a person's system for as long as a month after consumption. A person may test positive days or even weeks after consuming a drug and thus not be under the influence at the time of arrest.

Your attorney may also question probable cause for requesting that you submit to testing or for making an arrest. While officers typically note an odor of alcohol when making a drunk driving arrest, many drugs are odorless. And more and more departments are relying on officers who have allegedly received "special training" that permits them to recognize whether someone is likely impaired by drugs. The federal government's Drug Evaluation and Classification Program has trained 1,000 instructors and more than 6,000 police officers.

Again, from a defense perspective, such training is a joke. Like sobriety testing, it is a law-enforcement procedure conducted by an officer who is attempting to gather evidence of your guilt. We find it very unlikely that one of these "specially trained officers" would be called to a scene and find a motorist cleared to proceed on their way.

Continue reading "Allegations of drugged driving require experienced defense attorney in Fort Lauderdale" »