Article Summary
A DUI charge in Fort Lauderdale, Florida, carries severe immediate and long-term consequences, including license suspension, hefty fines, mandatory jail time, and a permanent criminal record. Florida’s strict DUI laws impose harsher penalties for high BAC levels, repeat offenses, or DUIs involving accidents or injuries. Administrative penalties, such as an automatic 10-day license suspension, begin immediately upon arrest, and you only have **10 days** to request a formal review hearing with the Florida DHSMV to challenge it. Beyond legal consequences, a DUI conviction can lead to skyrocketing insurance rates, job loss, and professional license revocation. Given the complexity of Florida’s DUI laws and the aggressive prosecution in Broward County, securing an experienced **Fort Lauderdale DUI lawyer** is critical to protecting your rights and minimizing penalties.
What This Means for You
- Immediate Action: Contact a **Fort Lauderdale DUI lawyer** immediately to request a formal review hearing with the Florida DHSMV within **10 days** of your arrest. Missing this deadline means automatic license suspension.
- Legal Risks: A first-time DUI in Florida carries up to **6 months in jail**, $500-$1,000 in fines, 50 hours of community service, and a **6-12 month license suspension**. A BAC of 0.15% or higher or a minor in the vehicle escalates penalties.
- Financial Impact: Expect **$5,000-$10,000+** in total costs, including fines, DUI school ($250+), ignition interlock device ($70-$150/month), increased insurance premiums (200-300% higher), and attorney fees.
- Long-Term Strategy: Expungement is **not** available for DUI convictions in Florida, but a skilled attorney may negotiate reduced charges or explore record sealing under limited circumstances.
Fort Lauderdale DUI Lawyer: Your Best Defense Against Drunk Driving Charges
What Is a DUI in Florida?
Under **Florida Statute § 316.193**, a DUI occurs when a driver is:
- Impaired by alcohol/drugs to the point of “normal faculties” being affected, **or**
- Has a blood alcohol concentration (BAC) of **0.08% or higher** (0.02% for drivers under 21).
Florida is a **”per se”** state, meaning a BAC of 0.08% alone is enough for conviction, even without signs of impairment.
Florida’s Implied Consent Law & Chemical Tests
By driving in Florida, you automatically consent to breath, blood, or urine testing if lawfully arrested for DUI (§ 316.1932). Refusal triggers:
- 1st refusal: 1-year license suspension (18 months if prior refusal).
- 2nd refusal: Misdemeanor charge + 18-month suspension.
Breathalyzer results can be challenged due to improper calibration, officer error, or medical conditions (e.g., GERD). Blood tests require strict chain-of-custody documentation.
Types of DUI Offenses in Fort Lauderdale
First-Time DUI
- Penalties: Up to 6 months jail, $500-$1,000 fine, 50 community service hours, 6-12 month license suspension, 10-day vehicle impoundment.
- BAC ≥ 0.15% or minor in car: Fines up to $2,000, mandatory ignition interlock device (6 months).
Repeat DUI
- 2nd offense (within 5 years): Mandatory 10 days jail (up to 9 months), $1,000-$2,000 fine, 5-year license revocation.
- 3rd offense (within 10 years): Felony charge, up to 5 years prison, $5,000 fine.
DUI with Property Damage or Injury
- Property damage: 1st-degree misdemeanor (up to 1 year jail).
- Serious bodily injury: 3rd-degree felony (up to 5 years prison).
Common DUI Defenses in Fort Lauderdale
- Illegal traffic stop: Police must have reasonable suspicion for the stop.
- Inaccurate field sobriety tests: Poor lighting, uneven ground, or medical issues can skew results.
- Rising BAC defense: Your BAC may have been below 0.08% while driving but increased by the time tested.
- Breathalyzer malfunctions: Maintenance logs and calibration records must be reviewed.
Florida’s DUI Legal Process
- Arrest & Booking: You’ll be held until sober or released on bond.
- DHSMV Hearing: Must be requested within **10 days** to fight license suspension.
- Arraignment: Enter a plea (guilty, not guilty, no contest).
- Pre-Trial Motions: Your attorney can file motions to suppress evidence.
- Trial or Plea Deal: Most cases settle, but trial may be necessary.
Choosing a Fort Lauderdale DUI Attorney
Look for:
- Exclusive focus on DUI defense (not general criminal law).
- Familiarity with Broward County judges/prosecutors.
- Success in challenging breath/blood tests.
People Also Ask:
- “How much does a DUI lawyer cost?” $2,500-$10,000+, depending on case complexity.
- “Can I get a DUI expunged in Florida?” No, but diversion programs may avoid conviction.
Florida-Specific Case Example
A Fort Lauderdale client’s breathalyzer result (0.09%) was dismissed after their attorney proved the officer failed to observe the required 20-minute waiting period before testing.
People Also Ask About:
- “How long does a DUI stay on your record in Florida?” Permanently, but penalties lessen after 10 years.
- “Can I drive after a DUI arrest?” Only with a hardship license after 30 days (if eligible).
Other Resources
For official Florida DUI statutes, refer to the Florida Legislature’s website (Title XXIII, Chapter 316).
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Expert Opinion
- Florida prosecutors aggressively pursue DUI cases—never plead guilty without consulting a lawyer.
- Ignition interlock devices are mandatory for high-BAC or repeat offenses.
- Diversion programs like Back on Track may reduce penalties for first-time offenders.
Key Terms
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*featured image sourced by Pixabay.com
