Florida DUI Lawyer Blog

Driving under the influence (sometimes called driving while intoxicated) is the kind of charge that many drivers are slapped with unexpectedly, according to Fort Lauderdale DUI lawyer William Moore. After watching the football game with the guys, having dinner with friends, or even attending a family birthday party, a driver sees the flashing blue lights behind him or her. The hassle of getting a speeding ticket is the first thought on the minds of some, although others are worried that the officer will smell the two beers’ worth of alcohol and become suspicious. Either way, it is not an idyllic ending to the night.

Many drivers are shocked to learn that even a few drinks can have a very real effect on their driving -- depending on the circumstances. For some, especially men or those who consume alcohol regularly, the effect is often small. However, it is important to remember the possibility of multiplying effects of intoxicants. This means that when a person consumes two or more substances, the effects can multiply -- and the level of intoxication may be higher, notes Broward County criminal lawyer Moore.

For example, consumption of two beers or the therapeutic dose of a prescription drug, such as Xanax, might not have an impairing effect on all drivers. However, having a few beers along with several Xanax pills could cause a much stronger effect, even causing a blackout experience.

Under Florida law, the operation of a motor vehicle by itself is proof of your consent to a breath, blood, or urine test to determine if you are under the influence of any substances. Refusal can have adverse consequences, such as administrative penalties or even additional criminal charges under some circumstances. Breath tests are generally the preferred method for most law enforcement agencies, but these only claim to measure the levels of alcohol in one’s breath. If the officer believes the driver is more impaired than the numbers on the breath test reveal, or if he or she notes that the driver appears to exhibits symptoms of intoxication that are inconsistent with alcohol or only alcohol, the driver may be asked to submit to a blood or urine test. Generally, blood tests are more accurate, because they provide not only which substances are in a person’s system but also in what amounts. A urine test does not quantify the substances, so a driver who smoked marijuana two weeks prior to the test may still have a positive result, even though he is no longer under the influence of the drug.

In any case, if you are arrested for DUI/DWI/, remember that you may be filmed, especially during the intake process or during a breath test:

Fort Lauderdale DUI attorney William Moore is often asked about persons who were convicted for operating a vehicle where their license was permanently revoked prior to 2003.

Broward County DUI attorneys know that prior to 2003:

Any person whose driver's license or driving privilege has been permanently revoked pursuant to law and who drives a motor vehicle upon the highways of this state is guilty of a third-degree felony, punishable as provided by law. However, a defendant who drives on a road that is closed for construction cannot be convicted of driving while license permanently revoked where the statute defining “highway” in the context of driver's licenses does not include roads closed for construction, and the rule of lenity precludes the use of a broader definition to the defendant's prejudice.

Although the statute barring driving with a permanently revoked license was unconstitutional as a result of a single subject violation that occurred in the process of its enactment, its subsequent reenactment in 2003 cured the single subject violation and thus a defendant who allegedly committed the offense after the state's laws were reenacted could be charged with driving while his license was permanently revoked. Defendants who fall within the window period, i.e., who committed their offenses on or after July 1, 1998, but before the reenactment became effective on May 21, 2003, will be entitled to have their convictions for driving while license permanently revoked vacated.

If you have questions about a conviction for driving on a permanently revoked driver license we would be happy to help point you in the right direction.

Additional Resources:
Broward County DUI Lawyer