Florida DUI Lawyer Blog

When a person is pulled over and the law enforcement officer conducts a DUI investigation, he or she is looking for one main thing: evidence that your normal faculties are impaired by a substance (alcohol or drugs). However, the police officer a couple of disadvantage in terms of accuracy in this investigation. The first is that law enforcement is unaware of what your particular normal faculties are. This means that if you have had a knee injury, for instance, doing a heel-to-toe walking pattern on the side of a highway may be difficult for you. Similarly, standing on one foot for a long period of time may cause you to sway for any number of medical reasons that do not reflect on your degree of intoxication or impairment, notes Fort Lauderdale DUI lawyer William Moore.

There are three ways the police try to collect proof against a driver suspected of operating a motor vehicle while intoxicated. The first is by inquiring about alcohol usage, or interrogation about the matter. An officer could ask, for instance, if you have been drinking and if so, how much. The second matter the officer will look at is your performance on roadside field sobriety tests, in which you are asked to complete several physical activities (and follow instructions) to see how well you are able to complete the task. As mentioned before, standing on one leg, possibly while counting, or walking heel-to-toe for a certain number of steps are common tasks. The officer will evaluate your performance on these tasks, although his or her perception is highly subjective, and may be colored by the fact that the officer already suspects the driver is intoxicated. Perhaps the most important test the law enforcement officer will ask you to submit to is a breath test to check for alcohol in your system, more commonly known as a breathalyzer. Although there is evidence suggesting these machines are not nearly as accurate as police or the machines’ manufacturers claim they are, the results are still admissible in a court of law. You may also be asked to submit to a blood or urine test, depending on the circumstances.

The less proof of intoxication exists, or what law enforcement believes is evidence, the less likely a driver is to be convicted at trial. “Triple refusals” can therefore be useful to your DUI defense lawyer, although refusal can have other consequences, including a longer period of driver’s license revocation. Always consult an experienced Broward DUI attorney before making these decisions.

In addition to these tests, the law enforcement official is also checking other signs of intoxication. Bloodshot eyes are an indicator they use, but one which is mimicked by other issues. Foremost among these is dry contacts, but even just being tired after a long day or allergies could cause red eyes.

This article should not be construed as legal advice in any way. Additionally, please note that because the operation of a motor vehicle constitutes implied consent to testing. Further, refusing a second or subsequent time can result in separate criminal charges.

Having a driver’s license is extremely important to virtually every adult. Most of us drive every single day -- to and from work, to pick up the kids from school or take them to soccer practice, to pick up dry-cleaning or take-out food after a long day at the office, or just to go out to the movies. In any case, not having a driver’s license is difficult and can result in traffic tickets or criminal charges, in addition to collateral consequences such as losing or being unable to find employment.

You can be charged with driving without a valid driver’s license if you never actually had a driver’s license. Driving with an expired license can also be a criminal matter, notes Fort Lauderdale criminal attorney Moore. Perhaps the most common situation, however, is driving with a suspended driver’s license. Driver’s licenses can be administratively suspended by the Florida Department of Highway Safety and Motor Vehicles for a number of reasons. An arrest for driving under the influence, even if you have not been convicted, will suspend your driver’s license, and refusing a breath, blood, or urine test at a law enforcement officer’s request can lengthen the period for which the license will be suspended (however, the suspension can be challenged by a Fort Lauderdale DUI lawyer within 10 days of your arrest). Additionally, a drug-related conviction -- even misdemeanor simple possession of marijuana -- can result in a suspension of your driving privileges for two years. Many people are also surprised to learn that falling behind on child support payments can also result in a suspended driver’s license. Modifying child support can be tricky, especially if arrears (back payments still owed) have accrued, and the economic problems in Broward County have worsened the problem.

Sometimes, an experienced Broward DUI lawyer can negotiate a great deal with the State Attorney’s Office -- such as dropping the case if you can come back to court with a valid driver’s license. Of course, these types of agreements depend on which courtroom your case is in, the individual circumstances of your case, and other factors. Sometimes, reinstatement of your license or obtaining a valid license is impossible, but options such as completing classes or just paying court costs can resolve the matter. Also, criminal defendants have the right to a trial, with DUIs being the most commonly tried criminal traffic cases, and Broward DUI lawyer Moore regularly handles these types of cases.

According to experienced Broward County DUI attorney William Moore, holidays are always a favorite time for law enforcement agencies to crack down on DUI enforcement. For example, you may have heard radio announcements around New Year’s Eve, Labor Day, Memorial Day, or the Fourth of July. These are usually put on by the local police department or the county sheriff and frequently announce DUI checkpoints.

Recently, DUI enforcement has been up in Broward County due to the Labor Day weekend. Starting more than two weeks in advance, six law enforcment agencies began conducting sobriety checkpoints throughout the county. Law enforcement officers from the Broward County Sheriff’s Office, as well as the local police departments in Plantation, Hollywood, Wilton Manors, and Hallandale Beach set up sobriety patrols in Broward.

Law enforcement says these operations are necessary to protect the public. Last year, more than 875 people were killed in alcohol-related traffic accidents in Florida. Of those, 29 occurred over the three-day Labor Day holiday weekend, which is a popular time for tourists to travel to south Florida. Likewise, locals in Broward County like to go out and have a good time with friends and family for the holiday.

Unfortunately, Broward DUI attorney Moore notes that the sobriety checkpoints are not the most effective method of conducting enforcement against driving under the influence, and that these operations tend to be tremendous moneymakers for local police departments. Typically, these checkpoints net very few actually intoxicated drivers, but yield many lucrative citations for other violations. For example, although a driver appears totally sober, he may have an expired driver’s license or tag, have an out of date insurance card in the glove compartment, or similar.

Sobriety checkpoints are invasive for all motorists and as a result, the law enforcement agency operating the checkpoint must comply with a specific set of guidelines in order to render any evidence obtained admissible in a criminal court. If the agency does not comply with all of the rules, the charges will be dismissed. Advance publicity of the checkpoint is required. The officers must have a formula for stopping vehicles, rather than simply stopping them randomly or only stopping the ones that they think look suspicious. For instance, they can stop every vehicle, or every other vehicle, or every seventh vehicle, but they cannot deviate from the formula.

Be careful out there and remember that if you are asked if it’s okay to search your vehicle -- it's your right to say no!