If You've Been Arrested for Driving Under the Influence in Florida, You Need to Hire the "Go-To" Fort Lauderdale DUI Defense Attorney
Once the initial outrage and embarrassment of getting arrested for DUI wears off, you realize you're in trouble. Getting arrested for DUI has serious consequences. You not only face stiff penalties but also the possibility of doing jail time — and you could lose your job. And if it’s not your first time, the penalties for a second or subsequent offense are even stiffer. You need to hire Fort Lauderdale DUI lawyer Robert Malove. Since the mid-1980s, Robert Malove has helped hundreds of people facing DUI charges and will leave no stone unturned in fighting for you.
Understanding Florida DUI Charges
In Florida, you can be charged with DUI if law enforcement has probable cause to believe you're driving or in actual physical control of a vehicle while under the influence of alcohol or drugs. Many people don't realize you can face DUI charges even if your car isn't moving. Simply being behind the wheel with the keys in the ignition could lead to an arrest.
The state can pursue DUI charges in two ways. First, if your blood alcohol content (BAC) measures 0.08% or higher. Second, if your "normal faculties" are impaired – meaning you can't drive safely – regardless of your BAC level.
For commercial drivers, the standards are even stricter. A BAC of 0.04% or higher can result in DUI charges. Drivers under 21 face Florida's "zero tolerance" policy, where a BAC of just 0.02% can trigger legal consequences.
Your DUI charge severity increases with certain factors, such as having a minor in the vehicle, causing property damage, or having previous DUI convictions.
Florida DUI Testing: What to Expect
When pulled over for suspected DUI, you'll likely face several types of testing. The officer may first request that you perform field sobriety tests. These typically include walking in a straight line, standing on one leg, or following a pen with your eyes.
After field sobriety tests, you may be asked to take a breath test using a device called the Intoxilyzer 8000. Florida's implied consent law means refusing these tests can result in an automatic one-year license suspension – even if you're eventually found not guilty of DUI.
If you're involved in a crash or appear to be under the influence of drugs, law enforcement may request a blood test. These tests must follow strict protocols. The person drawing blood must be qualified, use proper procedures, and maintain a proper chain of custody.
Common Defenses to Florida DUI Charges
Each DUI case presents unique circumstances that may lead to viable defenses. The officer must have legal justification to pull you over. Without proper cause, the entire case could be dismissed.
The accuracy of field sobriety tests is often questioned. It's important to remember that these tests are subjective and depend heavily on the officer's interpretation. Factors such as physical conditions, weather, improper instructions, or uneven testing surfaces can affect your performance, but the subjective nature of the test offers room for interpretation.
Additionally, problems with breath or blood testing procedures provide another avenue of defense. The testing equipment must be properly maintained and calibrated. The officer must observe you for a specific time before administering a breath test to ensure mouth alcohol doesn't affect the results.
Sometimes, medical conditions can mimic intoxication or affect test results. Diabetes, acid reflux, and certain medications can cause false positives on breath tests. Physical injuries or neurological conditions might explain poor performance on field sobriety tests.
Finally, constitutional issues may arise in DUI cases. Was your traffic stop legal? Did the officer read your rights properly? Were you coerced into taking tests? These questions could lead to evidence being thrown out of court.
Consequences of a DUI in Florida
Over the years, laws regarding driving under the influence have changed dramatically, and the legal and monetary consequences for driving drunk are more severe. In Florida, a DUI conviction can cost you a great deal, even if it’s only a first offense. Possible outcomes include:
- A permanent criminal conviction on your record
- Stiff fines
- Loss of your license
- Probation
- Community service
- DUI school
- Mandatory vehicle immobilization
With so much at stake, you need to take action and make smart decisions. The first thing you need to do is hire a Fort Lauderdale DUI lawyer who believes in second chances and will fight to protect your rights.
Act Quickly After a Fort Lauderdale DUI Arrest
Once arrested for DUI, you only have 10 days to request a special hearing before the Florida Department of Highway Safety and Motor Vehicles suspends your driver’s license. If the hearing isn’t requested in time, you stand to lose your driver’s license for up to 18 months! Before this happens, contact our Fort Lauderdale DUI lawyer at The Law Offices of Robert David Malove. We're ready to take on the criminal justice system and fight for you.
How a DUI Lawyer Can Help
When you work with Attorney Robert Malove, you can be sure he'll keep you informed through each stage of the process while providing the most effective strategy to increase the odds of a positive outcome. But you don’t have to take our word for it. Read what former clients say about him.
As a founding member of the National College for DUI Defense, he's handled hundreds of DUI cases over his 35+ year legal career. Regardless of whether this is your first DUI offense or a second or subsequent DUI charge, Robert Malove is qualified to handle your case and is ready to start your defense.
If you or someone you know is charged with DUI manslaughter, Robert Malove will leave no stone unturned to make sure the evidence was lawfully obtained in accordance with the applicable laws and regulations so that any legal argument appropriate for your case will be presented. Our Fort Lauderdale DUI lawyer knows how to:
- Help people get their licenses back from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
- Get illegally-obtained evidence thrown out of court.
- Discredit the reliability of the field sobriety exercises.
- Demonstrate to judges and juries that breath tests often overestimate a person’s true blood alcohol by as much as 200 percent.
- Have blood test results thrown out of court.
- Get juries to find their clients NOT GUILTY!
Don’t trust your DUI case to just any criminal lawyer. Your family and your future depend on you finding the toughest, most experienced Fort Lauderdale DUI defense attorney in South Florida.
What is Probable Cause in a Fort Lauderdale DUI Case
Get Straight Answers From An Experienced Fort Lauderdale DUI Lawyer!
The internet offers a lot of information. The problem is, how do you know what’s true and what’s hype and B.S.? To help you, Fort Lauderdale DUI lawyer Robert Malove wrote a FREE consumer guide, How to Choose a DUI Lawyer in Florida, to arm you with the 10 questions you must ask any lawyer to have the best chance of winning your DUI case. Until you get straight answers to your questions, don’t hire us or ANY lawyer. Get the information you need to help you make smart decisions, and then contact our Fort Lauderdale DUI defense attorney in Florida to schedule a consultation.