Broward DUI Lawyer Blog

Law enforcement will be stepping up its efforts to make arrests this Fourth of July holiday weekend, so if you are charged with this crime, contact Fort Lauderdale DUI Attorneys before you do anything.

DUI in Fort Lauderdale is a serious crime and can be punished with severe penalties. Even first-time offenders can face sanctions that can ruin their careers, reputations and make family life difficult.

In Florida, the following penalties apply to first-time DUI convictions, according to the Florida Department of Highway Safety and Motor Vehicles:

• Fines of $500 to $1,000 or up to $2,000 if the blood-alcohol level is .15 or higher


• Mandatory 50 hours of community services


• Probation of up to a year


• Jail time of up to six months or up to 9 months if the blood-alcohol level is .15 or higher


• Vehicle impoundment of 10 days


• Driver's license revocation for 180 days to 1 year


• DUI school completion


• Ignition interlock device if ordered by the court or at least 6 months if blood-alcohol level is .15 or higher or a minor is in the vehicle

All told, those sanctions can cost thousands of dollars on top jail time and license suspensions. And unlike some other crimes, DUI has a stigma attached that can cause the public to assume a person is guilty solely based on an arrest. People get fired from jobs all the time without the state even proving the charges. But fighting the charge aggressively is essential to repairing one's reputation.

And with the Fourth of July holiday upcoming, local and state law enforcement will be out in full force, conducting DUI checkpoints, speed traps and other traffic-related monitoring in order to boost their traffic ticket numbers.

In 2010, the Florida Highway Patrol reported it issued 9,334 citations and arrested 100 people for DUI. They also cited more than 4,500 people for speedy and seat belt use alone.

Regardless of which law enforcement agency made the arrest, DUI is a charge that can be fought in court. Many aspects should be challenged by a diligent Fort Lauderdale DUI Attorney.

First, are breathalyzer results. In Florida, refusing a breathalyzer means a driver's license is automatically suspended, but requesting a Florida driver's license suspension hearing within 10 days is the only way to try to keep your license. But by refusing a breath test, the state is stripped of possible valuable evidence. These devices, however, have been shown to be unreliable and sometimes their results can be thrown out of a trial.

If a driver consents to performing standardized field sobriety tests, these, too, can be challenged based on the officer's inexperience or lack of proper training and sometimes the driver's ability to perform these tests due to medical issues.

There are other avenues for challenging an arrest, as well and our firm will discuss these with our clients as soon as they see us. A DUI arrest isn't a DUI conviction and we pride ourselves on providing aggressive DUI defense representation throughout South Florida.

Continue reading "Arrested for DUI in Fort Lauderdale This Fourth of July? Call Fort Lauderdale DUI Lawyers" »

In a tight 4-3 vote the Florida Supreme Court gave some rights to drivers recently by ruling that a person's driver's license can't be suspended if they refuse a breathalyzer test during an unlawful arrest for DUI, The Associated Press reports.

This is good news for drivers throughout Florida because it now helps people retain their driver's licenses if police make a bad arrest. What some people don't realize is that an arrest for DUI and a driver's license suspension are separate issues. Fort Lauderdale DUI Lawyers have successfully defended many clients charged with DUI and been able to get their driver's licenses returned. Broward DUI Lawyer Blog recently detailed the case of baseball player Miguel Cabrera, whose driver's license was reinstated though he still has a pending DUI case.

In Florida Department of Highway Safety and Motor Vehicles V. William Hernandez and George McLaughlin, the Florida Supreme Court, in dealing with a pair of cases where appellate courts made different rulings on the same issue, ruled that Florida's "implied consent" law allows license suspensions for valid arrests. Implied consent means that anyone driving in Florida must consent to testing or else faces an automatic driver's license suspension. A license can be suspended for one year for a first refusal and 18 months for each subsequent refusal.

When a person refuses to submit to a breathalyzer in Florida, their driver's license is automatically suspended. But within 10 days of an arrest, a driver can request a driver's license administrative suspension hearing from the Florida Department of Highway Safety and Motor Vehicles. There, a hearing officer must determine whether the arrest was lawful.

Some people may wonder how a person can be arrested for DUI and still get their license back in a separate hearing. It can happen simply if officers make mistakes. In Cabrera's case, for instance, he was arrested in Fort Pierce after officers saw him drinking scotch in his Land Rover that was broken down on the side of the road, but officers didn't see him drive it there. Under Florida law, a person can lose their license if they are above the .08 blood alcohol level limit if they are "operating or in actual physical control" of a vehicle. In his case, they didn't see him driving and the vehicle was inoperable.

But that's just one example. Officers have arrested people for DUI after pulling them over when they had no reason to pull them over in the first place. There are many avenues for a person getting their license returned if they are arrested for DUI. But it requires the experience and knowledge of decades of handling these cases. Don't let the state take what's yours. Call today.

Continue reading "Florida Supreme Court: Unlawful to Suspend Driver's License for Refusing Breathalyzer in Miami DUI Investigation" »

DUI and reckless driving charges against Atlanta Braves pitcher Derek Lowe were recently dropped and a video shows that he repeatedly denied being drunk or racing, The Atlanta Journal-Constitution reports.

To Fort Lauderdale DUI Lawyers, this is another example of overzealous law enforcement officers hoping to make an arrest of a big-name athlete without true evidence. DUI in Fort Lauderdale is a serious criminal charge and it's too bad that officers sometimes rush to make arrests that can ruin reputations. But our firm is committed to righting those wrongs and fighting to protect your rights and defend your case.

Lowe was arrested in April in a posh Atlanta neighborhood near his house after George State Patrol troopers alleged an Aston Martin and a Camaro were racing. The driver of the Camaro was pulled over, questioned and released. But Lowe, who drives a Porche, was pulled over, questioned, asked to perform field sobriety tests, twice asked to take a breathalyzer and then was arrested after telling troopers he's a baseball player.

After prosecutors reviewed the evidence, they dropped charges against Lowe. Dash-cam video of the incident includes a back-and-forth conversation about Lowe, his position on the Braves and other details about his profession. The 37-year-old also denies several times being drunk or racing. While troopers said they smelled alcohol on his breath, he said it may have been the tobacco he was chewing.

Its unfortunate that an arrest was made, it became a public spectacle and not only a distraction to his team, but also an embarrassment to him. But Lowe isn't the first major league baseball player to be arrested and charged with DUI. In fact, when he was arrested, he was the fifth player to pick up that charge this year. Many celebrities, driving expensive cars, are unfairly targeted.

But it's not just a problem with celebrities. Everyday people can be wrongly arrested for DUI and have their own lives and careers ruined. While it may not necessarily be covered in the news media, the information is public in Florida and can lead to ruined reputations and careers.

DUI penalties in Florida range from months to years in prison, thousands of dollars in fines and fees, having to pay to attend a DUI school, install an ignition interlock device on your vehicle and other sanctions.

Law enforcement officers will often rely on field sobriety testing and breathalyzer testing to secure a DUI arrest. But don't be fooled -- those tests can be beaten with the right lawyer by your side.

As in Lowe's case, he gave field sobriety tests, and police determined that he failed. But prosecutors reviewed the evidence and decided that there wasn't enough to bring him to trial. So, obviously the troopers made mistakes in the case. Spending time talking about his profession may have done in their case as well.

Continue reading "DUI Charges Dropped Against Braves Pitcher After Police Screwups" »

A West Palm Beach man faces charges of DUI and child neglect after being arrested on Father's Day with his 4-year-old in the car, The Palm Beach Post reports.

Palm Beach County DUI Lawyers know that being arrested and charged with DUI can cause significant hardship for families. DUI penalties in West Palm Beach can range from probation and fines to years in jail. Convictions carry serious consequences, so hiring the right lawyer is crucial. Such cases are often complicated by the presence of children, which can interject child welfare authorities into your affairs.

The 43-year-old was arrested after deputies witnessed a car swerving in the middle of Okeechobee Boulevard. The deputy's report states that after running the car's tag, which came back to a truck, he noticed the car was starting and stopping abruptly.

After pulling the vehicle over, the deputy noted a smell of alcohol coming from the driver and noted a 4-year-old boy was in the back seat. The son wasn't injured, but the man was charged with child neglect on top of the DUI charge.

Facing DUI charges can range from a first-time offense to DUI with injuries or death, depending on the circumstances. And the severity of the penalty depend in part on the driver's criminal background.

For example, a first-time DUI offender in Florida can be fined between $500 and $1,000 if the person's blood-alcohol level is less than .15. The state limit is .08. The driver can be sent to jail for up to six months, be required to do 50 hours of community service, up to a year of probation and have to attend a DUI school and have a vehicle impounded for 10 days.

A second DUI conviction adds to those penalties. So, fighting a first charge is very important. Getting the charge dropped altogether or being able to negotiate a plea to reckless driving, for instance, means that a subsequent arrest can't be considered a second DUI offense.

But these charges can be beaten, too. Aggressively seeking to keep crucial evidence out of trial is important, as is challenging the officer's actions during the arrest.

Sometimes, the field sobriety tests, such as walking in a straight line and following an object with your eyes, are conducted incorrectly or the officer isn't properly trained. Breathalyzers are notoriously unreliable and have caused prosecutors throughout the country to drop charges. They simply don't work correctly and can lead to unjust convictions. And officers may lack legal authority to draw blood for testing. All of these factors are important to consider.

Our firm is committed to providing the best DUI defense in Palm Beach County and making sure that clients are well informed about their case and that their rights are protected to the fullest extent of the law. We will use our years of experience battling side-by-side with you to help ensure that the best possible outcome in your case is achieved.

Continue reading "West Palm Beach Dad Jailed For DUI, Child Neglect on Father's Day" »

The Florida Supreme Court recently addressed the important issue of probable cause in license suspension hearings. In 2006, the Florida Legislature enacted a change to Florida Statute 322.2615. This statute is also known as the 'Administrative Suspension Law.' The change effected several important sections of the law. The issue of probable cause was foremost among these. Before 2006, contesting the legality of the initial traffic stop was critical to any challenge of an administrative suspension based upon an unlawful breath alcohol content or refusal to submit to testing.
The legislature removed from hearing officer consideration whether there existed probable cause to believe that the driver was DUI. They substituted language to the effect of whether the officer had probable cause to arrest for DUI. The difference may appear subtle but the effect was substantial.
Shortly after the new changes were enacted legal challenges were undertaken across the state. One of those was Department of Highway Safety & Motor Vehicles v. Pelham. It was this case that made its way to the Supreme Court. The Pelham case involved a driver arrested for DUI who was offered a breath test and refused. Pelham's lawyer challenged the legality of the initial traffic stop. The hearing officer denied the challenge citing the recent change in the law. The Second District Court of Appeal held that the hearing officer committed error. The court wrote in its opinion that hearing officers were required to consider the whether the traffic stop was legal despite the change in the law.
This decision was further appealed to the Florida Supreme Court. This recent decision affirmed the previous Pelham opinion. Essentially, the Supreme Court held that hearing officers at DUI administrative license hearings are required by law to consider whether the patrol officer legally stopped the DUI subject.
The importance of this case cannot be understated. Your lawyer's ability to argue the legality of the traffic stop at the license hearing is a major tool for winning back a suspended license. For the time being this device is once again available to anyone who lost their license through a DUI administrative suspension.

Continue reading "Important New Supreme Court Decision concerning Florida Administrative Suspension Law" »

Miami rapper Flo-Rida was arrested recently and charged with DUI in Miami Beach after being pulled over in his $1.7 million Bugatti Veyron sports car, Fox News reports.

Miami DUI Lawyers represent everyone charged with DUI, from bus drivers to teachers to millionaires. We believe everyone charged with this crime deserves an aggressive defense. DUI in Miami can carry penalties ranging from fines and fees and jail time to long stays in prison, depending on the circumstances. Even people not convicted can suffer ruined careers and reputations.

Flo Rida, whose real name is Tramar Dillard, was arrested after police say he was driving erratically in his red and white sports car. Police reported he had bloodshot eyes and slurred speech when he was pulled over.

Fox reports that Dillard told officers he "had a few drinks" and couldn't walk a straight line when asked to perform field sobriety tests. He also submitted a breathalyzer test, which registered a .185 blood-alcohol level, more than twice the .08 legal limit. He faces a charge of DUI and driving with a suspended license.

Many motorists suspected of DUI choose not to take a breathalyzer test. While a person's driver's license is suspended if they refuse to submit to the test, refusing can keep potentially devastating evidence away from the prosecution. If the driver refuses to give a test, their license will be suspended for 12 months or 18 months if the person has previously refused these tests.

Broward DUI Lawyers will fight to get your license reinstated during a Department of Highway Safety and Motor Vehicles administrative suspension hearing. That type of hearing and a DUI criminal case are separate, so don't think that simply being charged with DUI means you can't get your license back. As reported on Broward DUI Lawyer Blog, Detroit Tigers first baseman Miguel Cabrera is charged with DUI but got his driver's license reinstated.

Broward DUI Lawyers believe that breathalyzer testing is inherently inaccurate and unreliable. Check the news -- prosecutors across the country have found problems with breathalyzer testing based on its inaccuracies, poorly calibrated testing machines and how outside factors can influence them. The machines don't "test" a person's blood-alcohol level, but only "estimate" it, so it's not scientific.

We will challenge any roadside testing in a DUI case and fight to keep that evidence out of your trial. Officers sometimes aren't properly trained to conduct these tests and outside factors, such as a driver's illness or inability to perform tests, can explain why they failed them. We will fight to protect your rights and defend you from these serious charges.

Continue reading "Rapper Flo-Rida Makes Headlines for Miami DUI in $1.7 million car" »

Apple recently announced that it would no longer accept designed applications to the App Store that alert drivers so they can avoid DUI checkpoints, USA Today reports.

Broward DUI Lawyer Blog previously discussed how these mobile phone applications came under fire in the spring as politicians asked mobile phone companies to ban their use. Whether being arrested for DUI in Fort Lauderdale at a checkpoint or by a law enforcement officer, Fort Lauderdale DUI Lawyers are prepared to stand by your side and fight your case.

According to the news article, the decision by Apple comes after four Democratic U.S. senators asked smartphone manufacturers to stop selling downloadable applications or remove the DUI checkpoint function. Some companies complied, while Apple did not. The article says the senators also asked Google, which makes Android-based applications, to ban the apps, but the article doesn't say whether Google has made a decision on it.

But recently, Apple updated its guidelines for applications, banning apps that contain DUI checkpoint information not published by law enforcement agencies. The senators argued that such applications encouraged drunk driving by allowing drivers to avoid the usually guarded locations of DUI checkpoints.

"PhantomAlert", is a common DUI checkpoint application, and has approximately 500,000 locations listed in its database, which grows each time a driver sends in real-time alert regarding DUI checkpoint details. Based on the GPS data provided by the reporting user, the next driver that encounters the checkpoint while running the application will receive a warning. This program is also commonly used to warn drivers of speed traps. This application can be purchased and used starting at $9.99 a month.

While the Fourth Amendment protects you from unreasonable search and seizure and DUI checkpoints violate that right, the courts have permitted it. And now, politicians have successfully lobbied technology makers to permit technology to fight back.

In 1990, a Michigan court ruled that DUI checkpoints violated a driver's Fourth Amendment rights, but the U.S. Supreme Court in Michigan Department of State Police Et Al. V. Sitz Et Al. ruled 6-3 that the interest of the state in trying to curtail drunk driving outweighs the rights of the citizens. In a sharply worded dissent, justices said the ruling gives "no weight to the citizen's interest in freedom from suspicionless unannounced investigatory seizures."

Drivers with smartphones have increasingly looked to the devices to avoid speed traps, red-light camera violations and other traffic violations. But as the article points out, the government has again infringed and thrown its weight around to persuade technology companies from allowing people to connect and use free speech to warn other drivers.

As you can see, the government will continue to do everything in its power to punish drivers suspected of DUI. Lawmakers love to show voters they are tough on crime so they can get re-elected. And as the penalties in Florida increase, the need for an experienced and aggressive Fort Lauderdale DUI lawyer is even more apparent.

Continue reading "Apple Halts Apps That Would Alert Drivers To DUI Checkpoints in Fort Lauderdale" »

A former West Palm Beach Fire Captain convicted of DUI has now asked for a new trial, alleging that his judge had an "intimate relationship" with the fire lieutenant who is his adversary, the Palm Beach Post reports.

Broward DUI Lawyer Blog previously reported on the saga of this particular DUI defendant and why it's crucial aggressively fighting these charges. West Palm Beach DUI Lawyers have witnessed how this charge in particular has ruined reputations, especially those already in the public eye. Aggressively defending DUI in West Palm Beach can mean the difference between salvaging a person's career and reputation and watching years of work disappear in an instant.

In this case, the former fire captain was arrested in January 2010 by North Palm Beach Police and charged with DUI and speeding. He alleged that his efforts to sue the fire department for racial discrimination played a part in his arrest. But he was later found guilty of DUI and sentenced to 12 months on probation, ordered to pay $951 in court costs, serve 50 hours of community service, attend DUI school and not consume drugs or alcohol while on probation. He was also sentenced to three days in jail.

Now, according to news reports, he is asking for a new trial, alleging that his trial judge was in a relationship with a lieutenant with whom the defendant had a "contentious relationship" before he was fired following his conviction. According to news reports, the defendant learned of a possible romantic relationship between the two after he was sentenced.

What the article shows is how hiring the right DUI lawyer can eliminate potentially biases from creeping into a defendant's case and work out possible incriminating evidence, such as field sobriety test results, breathalyzer test results and blood testing.

DUI in Florida carries tough penalties and they shouldn't be taken lightly. They can include all of the laundry list of penalties this defendant was sentenced to endure as well as having to install an ignition interlock device, a driver's license suspension and other sanctions.

And as evidenced with this news article, a DUI arrest can expose someone to unwanted attention in the news media, the loss of a job, a ruined reputation and problems within one's own family. It can cause a host of problems and an acquittal can go a long way to straightening out these problems.

But these types of charges require an experienced attorney, one who has defended countless clients and seen all the latest court rulings, local rules and strategies in defending DUI clients. Consulting with an aggressive attorney as soon as you are arrested is ideal because it would be advisable not to give a statement to police, take a breathalyzer test or perform field sobriety testing.

While refusals can result in an automatic driver's license suspension, an experienced Fort Lauderdale DMV license hearing lawyer will fight for your driver's license, which is a separate hearing from the DUI criminal case. So, act quickly and consult with a law firm willing to go the extra mile in your case.

Continue reading "Ex-West Palm Beach Fire Captain Asks for New DUI Trial" »

A recent study from the National Highway Traffic Safety Administration shows that from 2005 to 2009, drug use among those killed in traffic accidents is on a steady rise.

At the same time, there are few officers who are certified in determining whether drugs were a factor in the crash and, if so, what types of drugs were the cause. That's why fighting a DUI charge involving drugs in Fort Lauderdale is so crucial. Law enforcement will try to use any evidence they can dig up against you and sometimes it's not credible, so being prepared by hiring Fort Lauderdale DUI Lawyers could help you fend off a jail or prison sentence.

According to the NHTSA report, data from fatality accidents was collected over a five year period from 2005 to 2009 and among 21,798 drivers who were killed in 2009, 63 percent were tested for drugs. Of them, 3,952 tested positive for drug involvement, which is 18 percent of the total. Using similar data in previous years, the study found that in 2008, the total was 18 percent, 16 percent in 2007, 15 percent in 2006 and 13 percent in 2005.

The study also pointed out that not every driver killed was tested for drugs and that there is a disparity among states regarding the extent of the drug testing that was conducted. The study also noted that drug involvement doesn't necessarily imply impairment or indicate that drug use was the cause of the crash.

A story from the Patriot Ledger in Brockton, Massachusetts recently reported that there are only 77 officers trained and certified to recognize signs of impairment in drivers under the influence of drugs in that state. Numbers from Florida aren't available, but officers here must go through a strict course through the Institute of Police Technology and Management. The institute reports that 5,000 officers worldwide are certified, which is less than 1/10 or 1 percent of all officers.

So, odds are if you pulled over and charged with DUI involving drugs, the officer may have no idea how to prove it. This is where Fort Lauderdale DUI Lawyers come in. We are trained to spot when law enforcement and the state try to sneak in a piece of evidence that has no business being seen by a jury. In Fort Lauderdale felony DUI cases or even DUI manslaughter cases can benefit greatly by challenging such evidence. Even when an officer has been "trained," we hold such training in no more regard than field sobriety testing. An officer looking for evidence of your guilt will usually find it -- plain and simple. We could seek to suppress that evidence under the law so that a jury isn't tainted.

We offer aggressive defense of these cases because we understand how traumatic they can be for the defendant. And we act as a checks and balance system for police, who often go too far with their aggressiveness in trying to turn an arrest into a conviction. We will uphold your rights and fight for what's right.

Continue reading "Drug Use Among Killed Drivers On the Rise In Fort Lauderdale Accidents" »

Judges in 13 Central Florida counties have decided they will no longer issue warrants to force blood tests in cases where a driver is facing a misdemeanor DUI charge, Florida Today reports.

This is good news for drivers and hopefully it is a precedent that will trickle down to South Florida as well. Fort Lauderdale DUI Lawyers have seen blood testing results in many DUI cases tossed out because police didn't have the authority to ask for it in the first place. An aggressive Miami DUI attorney will fight to withhold this type of evidence, which can give the defendant a better chance at winning the case.

The Central Florida decision comes after a man was stopped by Melbourne police in September 2009 and charged with misdemeanor DUI. Because he refused to perform field sobriety tests and a breath test, a judge authorized a warrant to draw blood to test his blood-alcohol level. A circuit judge disallowed the blood evidence in court, but the state appealed and a court of appeal allowed the blood evidence in.

According to the news article, future cases will proceed on a "good faith" exception, meaning officers must believe they have legal authority to conduct blood draws. According to 316.1932, blood can be drawn if the person is suspected of DUI and they are already being treated at a hospital or medical clinic. The statutes also say a person can refuse a blood test.

DUI charges can be felonies if the driver has two prior DUI convictions, with at least one in the past 10 years. A fourth suspected DUI after three previous convictions would be a felony, as well as cases that involve property damage, injuries or death.

In any type of case, including felony DUI and DUI manslaughter in Broward, blood testing will be tested by any competent DUI attorney. Any serious DUI charge where authorities drew blood to test a driver's blood alcohol level should result in a motion to suppress the evidence. This is very important because that evidence can put the defendant in a bad light, which could lead to a conviction.

Penalties for DUI in Florida are steep. For DUI manslaughter, it's a second-degree felony, which is punishable by up to 15 years in prison on top of a $10,000 fine. Leaving the scene of a DUI manslaughter accident can result in a 30-year prison sentence. That's why putting so much time, energy and effort into these types of cases is so critical. And hiring the right attorney with decades of experience is the right first step.

Continue reading "Counties Rule Out Warrants For Blood Testing in Miami Misdemeanor DUI Cases" »

Many consider the summer the "100 deadliest days" for teen driving, so Broward DUI Lawyers have seen many teens charged with traffic-related crimes over the years, especially during the summer. Underage drinking and driving, reckless driving and accident-related charges are all areas where teens can be introduced to the criminal justice system. And while many consider charges as a teen no big deal, they can lead to problems in the future if not properly defended.

Here are the top 10 deadly teen driver mistakes, which parents should discuss with their teens before letting them get behind the wheel:

• Risk Taking
• Driving Without a Seat Belt
• Speeding
• Rowdy Passengers
• Using Cell Phones
• Messing with Music
• Late Night Cruising
• DUI
• Peer Pressure
• Overconfidence

Parents should make many efforts to talk with their teens about safe driving, especially as they get out of school and we enter the summer months. Perhaps using a Parent-Teen Driving Agreement can help keep them safe on the roads.

But if your teen gets into trouble with the law, don't hesitate to contact an experienced and aggressive Fort Lauderdale DUI lawyer. These charges must be fought aggressively. Having a criminal record can cause teens to lose their ability to serve in the military, earn scholarships and get jobs. So, being aggressive for the teen's first charge can save them trouble in the future.

Hiring an attorney with decades of experience handling these kinds of cases can make a big difference. Juvenile charges can be punished with community service and other sanctions, while adult charges can result in jail or prison time for your teen.

According to the Centers for Disease Control and Prevention, motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than 1 in 3 deaths. In 2009, eight teens 16 to 19 die every day from a motor vehicle accident. In 2009, 3,000 teens 15-19 died and 350,000 were sent to emergency rooms for injuries in motor vehicle accidents.

Everyone knows that teens can have problems driving. It's a big responsibility and in such a traffic-heavy area as Miami, Fort Lauderdale and throughout South Florida, they can find themselves in accidents, some causing property damages, injuries or deaths, depending on the severity. Talk with your teens and keep them safe as they drive. If they get in trouble, though, call today so we can work to find the best resolution possible for their future.

Continue reading "Fort Lauderdale Teens Beware of 100 Deadliest Days This Summer" »

Detroit Tigers first baseman Miguel Cabrera got his driver's license back recently after a Florida Department of Highway Safety and Motor Vehicles administrator ruled the arresting officer did not have probable cause to believe Cabrera was driving under the influence of alcohol, the Detroit Free Press reports.

What many people don't understand is that criminal charges and a driver's license administrative suspension hearing are completely separate. Fort Lauderdale DUI Lawyers are proficient in both types of cases and should be trusted to handle both. Administrative suspension hearings in Miami are best left to attorneys who have decades of experience.

A person's driver's license is suspended if they refuse to give a roadside test, such as a breath test, a urine test or a blood test during an investigation for DUI. If the driver refuses to give a test, their license will be suspended for 12 months or 18 months if the person has previously refused these tests.

On the one hand, losing a driver's license can be a real hardship for people, especially if driving a vehicle is necessary to work. But on the other hand, refusing to give one of these tests can potentially keep a great deal of evidence from the state in its criminal prosecution.

In Cabrera's case, which was previously reported by Broward DUI Lawyer Blog, he was arrested in February in Fort Pierce. According to news reports, Cabrera was seen drinking scotch in his Land Rover that was broken down on the side of the road, but officers didn't see him drive it there.

Under Florida law, a person must be in control of a vehicle to be required to submit to breath testing:

• The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.

But while Cabrera's driver's license has been returned, the hearing has no effect on his criminal case. He still faces misdemeanor charges of suspicion of DUI and two counts of resisting an officer without violence. He could still face a driver's license revocation if he is convicted of DUI charges.

Fort Lauderdale DUI Lawyers have been fighting these driver's license suspensions for two decades and over the years, the firm has won many of these case just like Miguel Cabrera's. But trying to do it alone or hiring an inexperienced attorney gives one little chance to get back their license.

Continue reading "DUI Administrative Hearing Separate from Criminal Charges, Miguel Cabrera Learns" »

Arecent report by the South Florida Sun Sentinel says that divers are asking law enforcement to crack down on boating violations, including boating under the influence.

Boating under the influence is just as serious a charge in Florida as driving under the influence. In fact, the penalties are very similar. Miami BUI Lawyers are committed to preparing the best defense possible in any alcohol-related criminal case. Like Miami DUI, BUI is a serious crime with serious penalties. It should not be taken lightly.

With Memorial Day weekend passing by, many consider that to be the unofficial start to the summer boating season. Sunny weekends and warm weather tend to get people out of their houses and into the water.

But according to 2009 data analyzed by the Florida Fish and Wildlife Conservation Commission, 26 percent of all boating accidents that resulted in fatalities involved alcohol or drugs. Among the victims, 18 percent were affected by drugs or alcohol.

Also in 2009, 320 citations were handed out by Florida Fish and Wildlife Conservation Commission officers and other law enforcement. That's up from 2008, when 276 citations were levied against boaters. That's a 16 percent increase.

According to the Florida Department of Highway Safety and Motor Vehicles, there were 941,589 registered vessels in Florida in 2010. There were 61,357 in Miami-Dade County alone and another 42,976 in Broward County.

Boating under the influence can be as dangerous or more dangerous as driving under the influence. While there are far more vehicles on the roads than boats in the water, there is the possibility of drowning and it takes much longer for marine patrols and helicopter ambulances to reach boating victims.

In Florida, boating under the influence is punishable similarly to driving under the influence. Under Florida Statute 327.35, which governs the crime of BUI, a first-time BUI offender can face up to $1,000 in fines and six months in jail. But if the offender has a blood-alcohol level of .15 or higher, which is about twice the state's .08 blood-alcohol level limit, they can face up to 9 months in jail and up to $2,000 in fines just for a first conviction.

The defendant will likely also have to spend time on probation, perhaps for a year, attend substance abuse courses, have the vessel impounded and possibly other sanctions. As you can see, the charge is serious and requires an attorney who will diligently fight for your rights. If possible, we will also work to ensure you will still be able to enjoy boating on the great waters of South Florida.

Continue reading "With Miami Boating Season Here, BUI Arrests Must Be Defended" »

A recent ruling by the Fourth District Court of Appeal in a Broward County DUI case reversed the defendant's conviction and sent his case back for a new trial because troopers had no reason to take blood samples from the driver after a fatal crash.

The decision highlights just how important hiring the right attorneys can be. Miami DUI Manslaughter Lawyers have seen many cases when judges, prosecutors and police make incorrect decisions, but the defendant must wait for the appeals process, which can take years, for justice. That's why hiring the right attorney can help protect the rights of DUI suspects in Miami.

The case is based on a 2005 accident on I-595 in Broward County. After a three-vehicle accident, the driver, Juan Guardado, survived, but two of the passengers in his vehicle died. When Florida Highway Patrol troopers arrived on scene, they took Guardado to Broward General Medical Center for treatment. There, nurses drew blood at the troopers' request.

Guardado's attorneys objected to the state seeking his medical records and tried to get the blood draw results suppressed so the jury wouldn't be able to hear that information. According to the opinion by the appeals court, the state stipulated that troopers had no probable cause to draw blood to get a blood-alcohol level. There was no testimony that troopers smelled alcohol or anything to suggest Guardado was drunk.

The judge denied suppressing the medical blood evidence, saying that based on prior cases, the relevance of the medical blood evidence was obvious and that a compelling state interest existed to support its admission. In other words, the judge decided that the state's rights outweighed the defendant's rights.

But on appeal, Guardado's attorneys argued that the state failed to create a link between the crash and the need for drawing blood. Because there was no evidence of alcohol impairment, there shouldn't have been a need to draw his blood.

DUI Manslaughter in Miami, is punishable by up to 15 years in prison, which is serious time for any driver. An experienced DUI manslaughter attorney knows that prosecutors will use the most well-versed investigators and use crime labs that will quickly and thoroughly analyze blood tests.

That is why all DUI manslaughter cases must be challenged with a motion to suppress to make sure a jury isn't influenced by private medical records that police shouldn't have gotten their hands on in the first place. Our firm uses a network of experts who can be called on to testify if the case goes to trial in order to secure the best possible result for the client.

But even after a trial or a plea there is an avenue for appeal, Miami DUI Manslaughter Lawyers can help there, too. Miami DUI manslaughter appeals can be time consuming, but as evident in the Guardado case, they are an important area of the criminal justice system.

Continue reading "Guardado vs. Florida Shows Importance of Trial and Appellate DUI Attorney" »