Florida DUI Lawyer Blog

The relationship between convictions for driving under the influence of alcohol (or DUI, sometimes called driving while intoxicated or DWI) is popularly believed to be clear-cut, says Fort Lauderdale DUI attorney William Moore. For most people, who have never been arrested for drunk driving, they falsely deduce that those who are must regularly drink to excess and be full-blown alcoholics. The hypothesis does not actually pan out, says Broward County DUI lawyer Moore.

The reason people believe this myth is frequently rooted in their own personal contacts and experiences. A homemaker may know that she does not drink heavily and has never been arrested for DUI, but her great-uncle famously drank heavily, often embarrassing himself, and was arrested several times for DUI. Further, if she believes that the other people in her social group who lead lifestyles similar to her own have also never been arrested for DUI, it seems to prove her notion. One issue with logic is that she may know people who have been arrested for or convicted of a single DUI, but did not publicize the incident.

Fort Lauderdale DUI lawyer Moore believes that the reliance on personal knowledge (or sometimes lack thereof) of the drinking habits of others fuels the misconception. Studies bear out the idea that a lot of people get arrested for driving under the influence but are not alcoholics. They are frequently young people who have had too much to drink at a party or nightclub and are seriously shaken by their arrest -- enough that they are never again arrested.

However, the profile for a fourth-time DUI offender, a crime that is charged as a felony in the state of Florida, paints an interesting picture, according to a recent Kansas study. Those who are arrested for driving under the influence multiple times share many common characteristics: 90 percent are men, 87 percent have an income less than $30,000 per year, 79 percent are white, 67 percent are unmarried or separated from their spouses (many are divorced), and 15 percent have a mental illness that is not being properly treated. The average age of a DUI offender who has been arrested more than once is mid-forties, which may be another surprise to those who envision young people as the only ones who drive after too much to drink. Although the rate for reoffending after a first DUI is lower, the same study showed that of those who were convicted for a second DUI, 80 percent would go on to a third incident. This information leads to the conclusion that aggressive, long-term treatment is perhaps more appropriate than harsh punishment for repeat offenders.

Broward County DUI attorney William Moore knows better than anyone that the perception of driving under the influence of alcohol or drugs (DUI or DWI) has changed significantly over the past few decades – socially as well as from the perspective of law enforcement officers and the criminal justice system more generally. In the 1960s, if a police officer pulled over a female driver who appeared to be too impaired to drive, he would likely have quietly shuttled her home, says Fort Lauderdale DUI lawyer Moore. Now, the same thing would not happen, even if the driver’s impairment seemed only borderline. Likewise, a partying college student home for the summer who has had a little too much to drink would not be left to go on his way or taken home to his parents’ house: instead, he would be arrested and booked for DUI.

Beginning in the 1980s, states began lowering the BAC at which a driver is presumed to be impaired for the purposes of DUI. Until recently, most states presumed intoxicated with a blood or breath alcohol concentration of 0.10 percent, says Broward DUI lawyer Moore. Now, however, every single state has lowered the BAC at which a driver is “per se” committing a DUI to 0.08 percent, which affects significantly more drivers.

Mothers Against Drunk Driving campaigned hard to have the level lowered in each of the fifty states, but its success came as a result of federal legislation passed by the United States Congress. Congress mandated that states could only receive federal highway funding – on which they were heavily dependent – with the lowered per se DUI laws in place.

Since that time, DUI has become more punitive, and has also become an “enhanceable” offense. Previously, a driver might accrue two DUIs in as many years, but probably would not be punished any more harshly for the second DUI than he or she was for the first. Now, DUIs are punished harsher the more times a person is convicted of the crime. For example, if you are arrested for DUI in Florida for the third time in ten years – and your previous two DUIs resulted in guilty pleas or convictions, even if they occurred in other states – the state will almost certainly charge the third offense as a felony. Similarly, if you are in the same position but it is your fourth DUI ever, regardless of the timeframe, the State Attorney’s Office will probably charge the crime as a felony. Even a second DUI in five years will result in tougher sentencing than the first conviction for driving under the influence, a fact of which many drivers in the Fort Lauderdale area are unaware.

Continue reading "Broward County DUI attorney: A Brief History of Drunk Driving Issues by a Broward DUI Attorney" »

West Palm Beach DUI lawyer William Moore follows the latest drunk driving news stories around the state. A few of recent newsworthy cases have caught his attention.

A Longwood, Florida man was convicted last month of three DUI manslaughter charges. Carlos Ortiz attempted to pass another vehicle by using the emergency lane, but smashed into another vehicle parked on the highway near Viera at about 11:40 in the morning on July 1, 2007. A young couple, Jacqueline Dieppa, 33, Alexis Rodriguez, also 33, and their two-year-old son Nayib Suarez, were killed in the accident. Ortiz was sentenced to three life terms in prison, one for each of their deaths. Before Ortiz’s vehicle crashed, three different motorists had contacted police regarding his unsafe driving, including speeding and passing in the emergency lane. Crispy, the family dog, also died as a result of the accident. The family had parked to wait for relatives they planned to meet at the beach.

According to law enforcement officials, the family was killed instantly in the crash, when Ortiz’s car hit theirs at 77 miles per hour. Prosecutors say his blood alcohol concentration was 0.176 percent, more than twice the level at which Florida law presumes a driver is impaired. The State Attorney’s Office argued that Ortiz should receive the life sentences due in part to his prior convictions for two armed robberies, although one of those occurred when he was a juvenile.

Another high-profile DUI manslaughter case came out of Gainesville this week. Amanda Boyd, who is 23, has been charged with DUI manslaughter following a fatal accident on September 21, 2008. Investigators allege that Boyd’s truck went over the curb, crashing hard into another car at the intersection. The woman driving the other vehicle, Betty Ruth Hinson, was 74 years old. She was pronounced dead at the scene of the accident on University Avenue. Hinson was on her way to pick up a friend so that they could attend an evening church service.

Palm Beach DUI lawyer Moore says that investigators determined that Boyd’s truck was going 54 miles per hour at the time of the impact, although Boyd was traveling faster prior to hitting the brakes to avoid the collision. A blood test revealed that Boyd’s BAC was .210 thirty minutes after the accident. Boyd told law enforcement officials that she had consumed just one beer before driving. A trial date has not yet been set in the DUI manslaughter case.

Continue reading "Recent DUI News in Florida" »

Fort Lauderdale DUI attorney William Moore has studied criminal procedure extensively, especially as it pertains to DUI defense. The United States Constitution and the Florida Constitution provide many protections to criminal defendants, such as the right to a speedy and public trial, the right to trial by a jury of one’s peers, and the right to confront one’s own accuser. All of those rights are major tenets of the criminal justice system. The Founding Fathers, as well as legislatures and Supreme Court justices of later times, have steadily insisted that these rights be protected and, where necessary for fairness, expanded. For example, the case that required reading of Miranda rights prior to criminal interrogations was only decided in 1966. Similarly, women and African-Americans were not allowed to sit on juries until the twentieth century. Female and African-American criminal defendants were instead tried by all-white, entirely male juries – which does not really constitute a jury of one’s peers. Now, the law has expanded to prevent lawyers from striking potential jurors during the selection process on the sole grounds of race. Broward DUI lawyer William Moore is especially interested in the constitutionality of stopping vehicles at sobriety checkpoints.

Fort Lauderdale DUI defense lawyer Moore is also concerned about the ongoing use of breath and blood alcohol testing as a constitutional matter. The Sixth Amendment of the United States Constitution guarantees the right to confront one’s accuser. This was included in the Bill of Rights to prevent the abuse of the criminal justice system with secret prosecutions or secret evidence. The Sixth Amendment reads as follows:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Florida and the other 49 states have “per se” driving under the influence laws, in addition to other DUI-related legislation. The per se laws provide that a person accused of DUI should be convicted if the prosecution can demonstrate that his blood or breath alcohol content met or exceeded the legal limit of 0.08. The constitutional issue is that the “accuser” is a machine.

To be convicted of DUI under the per se statute, Broward DUI defense attorney Moore says that the breath test machine must show a reading of at least 0.08 and the jury must believe its accuracy. Many factors interfere with the accuracy of the machine, such as mouth alcohol, body size, body temperature, and numerous other factors. Most problematically for confronting the “accuser” is the fact that the manufacturers of the Intoxilyzer machines used by Florida law enforcement agencies will not disclose how the machine works. The company has refused to disclose the machine’s software coding, making it impossible to understand how the machines operate and how accurate they really are.

One YouTube user has set out to demonstrate the unreliability of the Intoxilyzer:

Continue reading "Fort Lauderdale DUI Lawyer – Breath, Blood, and the Right to Confront Your Accuser" »

Broward DUI lawyer William Moore is experienced in DUI defense for all ages, including minors. A DUI conviction for an underage driver is especially problematic, due to the harsh lifelong consequences. Broward DUI defense lawyer Moore urges young people in the Miami-Dade/Broward/Palm Beach metropolitan area to develop responsible habits.

The legal age for consuming alcohol in Florida is 21. Anyone who consumes alcohol prior to that age is subject to criminal penalties if discovered; likewise, anyone who serves underage customers or purchases alcohol for people under the age of 21 can face criminal charges. Florida law also punishes underage DUI differently than adult DUI. Also, if the person arrested for DUI is under the age of 18, she will appear before a juvenile court.

An adult aged 21 or more may be convicted of DUI in Florida if his blood alcohol content is 0.08 or higher. Alternatively, he may be convicted if his impairment was too great to drive, although his BAC may be lower than 0.08 or if he is under the influence of other intoxicating substances. For example, if you are 24 years old and have a BAC of 0.06 or if you are driving under the influence of cocaine, police can arrest you for Driving Under the Influence if they have evidence to demonstrate that you were too impaired to drive safely. Once your BAC reaches 0.08, then you are presumed to be too drunk to drive properly, even if you appear to have all of your faculties.

Broward DUI lawyer Moore has found that drivers under 21 years of age are often unaware that DUI laws affecting them are different than for older drivers. The blood alcohol content level required for a finding of underage DUI is only 0.02, far lower than for adults. Although each person’s body differs in its ability to process alcohol, a 120 pound woman will generally reach that level after just one drink in an hour’s time.

Young people may be less inclined to locate another driver, if necessary, or to contact their parents for a ride due to the stigma and criminal nature of underage drinking. For this reason, it is imperative that parents discuss the risks of underage DUI and appropriate measures to take in those situations.

An informative video concerning the physiological effects of alcohol and the personal consequences felt by a family affected by a teenager’s drinking and driving:

Mothers Against Drunk Driving, an organization that successfully lobbied for tougher sentencing in DUI laws around the country, also produces anti-underage drinking public service announcements. The organization is opposed to underage DUI, as well as underage drinking generally, and was behind the effort to raise the legal drinking age to 21 in every state. One of their public service announcements can be viewed below:

Continue reading "Hollywood DUI Attorney – “Baby DUI” and the Consequences of Underage Drinking & Driving" »

Fort Lauderdale DUI attorney William Moore wants his clients to be aware of the potential criminal penalties that can follow a Broward DUI arrest as well as the devastating administrative penalties. Administrative penalties, like the Florida drivers license suspension for a DUI arrest, can occur immediately after the arrest – and months before the case goes to trial. If you have been arrested for DUI in the Broward/Palm Beach/Miami-Dade area, protect yourself by hiring a Broward DUI lawyer immediately. The window of opportunity for challenging administrative penalties is extremely narrow. As an experienced Fort Lauderdale DUI lawyer, William Moore knows that his clients can reap benefits from challenging their drivers license suspension. If the challenge is successful and your driving privileges are reinstated, you will be able to continue driving for all of your regular needs, such as employment. If you have been arrested for DUI, remember that drivers license suspension in Florida occurs immediately following your arrest – not after trial or when you have been convicted. Also, you have only 10 days to challenge the suspension of your Florida drivers license, so it is imperative to act quickly. How long the suspension lasts will depend on whether or not you are convicted (or plead guilty) and if you have a prior DUI record. Drivers licenses are regulated by the Florida Department of Highway Safety and Motor Vehicles.

The periods of Florida DUI drivers license suspension are as follows:
First conviction: between 180 days and one year
Second conviction, but first was more than five years ago: between 180 days and one year
Second conviction within the preceding five years: No less than five years; hardship license available after one year
Third conviction, both more than ten years ago: between 180 days and one year: No less than five years; hardship license available after one year
Third conviction, one within the last five years and one between five and ten years ago:
Third conviction within the preceding decade: No less than ten years, hardship possible after two years
Fourth DUI conviction, regardless of time frame: Permanent license revocation
DUI Manslaughter and Murder with Motor Vehicle conviction: Permanent license revocation
DUI with Serious Bodily Injury or Vehicular Homicide: Revoked for at least three years, longer if prior DUI record

Losing the privilege of driving in south Florida can have far-reaching consequences for you and your family. Driving is critical to the everyday life of most people. In addition to driving to and from work, you may be required to drive as part of your job description. Picking up groceries can be extremely inconvenient without access to a car. You will no longer be able to run your child’s carpool. Explaining the loss of your license can be embarrassing at your job and in your social life. In short, the suspension of your drivers license for a DUI can derail your life in more ways than one. If you have been arrested for DUI in south Florida, Fort Lauderdale DUI attorney William Moore will fight to get your life back on track.

Continue reading "Florida DUI Lawyer on DUI Administrative Penalties " »

In Florida and all 49 other states, a driver is presumed to be intoxicated if his blood alcohol level exceeds 0.08 percent. Prior to a nationwide Mothers Against Drunk Driving campaign, the level in most states was 0.1. Fort Lauderdale DUI lawyer William Moore believes the lower level and increased DUI enforcement has resulted in more arrests of female drivers. To give some perspective, the average 160 pound man would have a 0.07 blood alcohol content after consuming four 12-ounce beers in an hour at a Fort Lauderdale bar, although that figure varies significantly from person to person. If the same man had four margaritas during the same period, he would be at approximately 0.11, well over the limit. Four glasses of celebratory New Year’s champagne at a Miami party would put the same man at about 0.09. It is important to remember, however, that alcohol continues absorbing in the bloodstream even after you have stopped drinking. For that reason, you could blow a 0.09 breathalyzer reading when a Fort Lauderdale police officer pulls you over on the way home, although you were only at a 0.07 when you left the bar.

Florida DUI laws can result in harsh punishment, including jail time. Anyone arrested for DUI in the West Palm Beach/Fort Lauderdale/Miami-Dade area should contact a Broward DUI lawyer immediately. Despite the stringent Florida sentencing policies, the 0.08 limit would be considered very lenient in most other parts of the world.

In Hong Kong, for instance, driving over the 0.05 percent blood alcohol limit can result in fines and in extreme cases, imprisonment for three years. In Pakistan, Nepal, Laos, Vietnam, as wells as many nations in Eastern Europe and the Middle East, the legal limit is zero. Drivers are not allowed to be under the influence of any alcohol whatsoever. In other European nations, the limit varies from a low of zero up to 0.08 in just a few countries, but is between 0.02 and 0.05 in most countries. The average 160 pound man would have a blood alcohol content of approximately 0.02 percent after consuming two 12-ounce beers in one hour.

In addition to lower limits, punishment is often more severe in other parts of the world. For instance, the Swedes punish DUI of above 0.02 percent with imprisonment of up to six months; a BAC of 0.10 percent – the legal limit in the United States until relatively recently – is punishable by up to two years behind bars. A number of European countries impose lower limits for young drivers or those who drive professionally.

Continue reading "Fort Lauderdale DUI Attorney: Florida, U.S. DUI Laws Less Restrictive than Other Countries" »

Fort Lauderdale DUI lawyer William Moore is extremely familiar with the plea bargaining process, which is shrouded in mystery for most lay people. The vast majority of criminal cases in Broward County do not go to trial. In some instances, the charges are dismissed. Most of the time, however, the prosecutor and the criminal defense attorney on the case negotiate until they reach an agreement that is as favorable as possible to both sides – a plea bargain.

Plea bargaining for DUI and other offenses in Broward County can take many forms. Your Broward DUI lawyer might persuade the state attorney to file reduced charges. For instance, you might agree to plead guilty to reckless driving instead of DUI. Your attorney could also bargain for fewer counts in return for a plea bargain on one of them. The form of plea bargaining that the public is probably most familiar with is for sentencing. In these cases, your attorney negotiates your sentence down with the prosecutor. In exchange for a guilty plea, you can agree to an acceptable sentence. For example, you might agree to a plea bargain if the prosecution has a very strong DUI case and, if you go to trial and are found guilty, it will be your third DUI conviction. A skilled Fort Lauderdale DUI attorney might negotiate a plea deal with the prosecutor in order to avoid jail time.

One study estimated that approximately 95 percent of felony cases in the United States end in plea bargains. Fewer and fewer cases go to trial, in part due to the increasingly full calendars of judges. Likewise, state attorneys often have full caseloads, a factor which makes resolution by plea bargain an attractive option from their point of view. A plea bargain is often most advantageous when the state has a strong case against the defendant (person charged with the DUI or other crime) and the sentence for that crime may be severe. The risk and uncertainty of going to trial may seem too great.

Critics of the high percentage Broward plea bargains include some DUI attorneys. There is always the problem that some innocent people might elect a plea bargain to avoid a trial outcome that is even more negative. For instance, an innocent person might accept a plea bargain to avoid any jail time, despite the fact that the plea would mar her criminal record. The weaker the state’s case is – and the less evidence it has – the more likely it is that the prosecutor will offer the innocent person an attractive deal. Rather than face the risk of a jury trial, she may well opt for a good deal from the prosecutor – or at least what would have been a good deal, if she had been guilty. Another problem is that there appears to be a racial divide in Florida in terms of which defendants are offered plea deals by prosecutors.

Continue reading "Broward DUI Attorney: Plea Bargaining" »

PALM BEACH, FLORIDA – According to The South Florida Sun-Sentinel, a Palm Beach Circuit judge sentenced a 21-year-old male to 25 years in prison for DUI manslaughter and failing to render aid. Bendy Sainthilaire was sentenced for the 2005 death of Terry “TJ” Brown, 28.

The DUI accident occurred on December 18, 2005, when Brown was riding his bike along North Federal Highway in Boca Raton. He was headed to work as a chef at the Boca Raton Resort & Club. Sainthilaire was 18 at the time of the incident and reportedly had been out all night drinking.

Sainthilaire’s Ford Explorer was stopped by a Broward Sheriff’s Office deputy near Hillsboro Beach after the deputy noticed a bike lodged in the grill of the SUV. The defendant testified that another man had been driving at the time of the crash but had forced Sainthilaire, at gunpoint, into the driver’s seat.

Sainthilaire said he made a mistake by drinking and driving, but under questioning by prosecutors, he denied that he was the driver. He was sentenced to 25 years in prison.

DUI death brings 25 years, The South Florida Sun-Sentinel, September 20, 2008

Continue reading "Florida Man Sentenced to 25 Years for DUI " »

Individuals convicted for their first DUI offense in Palm Beach County are required, at a minimum, to serve six months probation, pay a $250 fine plus court costs, attend a Level I DUI class, and have their vehicle immobilized for ten days. In many cases, those convicted must also follow-up with treatment for alcohol dependency. As if that weren’t enough, MADD is now seeking for legislation that would require a first time offender to have what is known as an ignition-interlock device placed in their automobile. Currently, interlock devices are only used for repeat offenders and have been criticized for routinely malfunctioning and being an overwhelming embarrassment to those forced to utilize them. Interlock devices require the driver to blow into a machine before their automobile will operate. These devices must be leased by a private outside agency at a cost to the offender. The current state of DUI minimum mandatories absent this new requirement, places driving under the influence penalties at the top of the list for being the most numerous as compared to other offenses. The overwhelming amount of penalties imposed on an individual convicted for this offense has the effect of forcing people to take cases to trial that they would otherwise admit guilt to had penalties been reasonable. Such increased legislation has the effect of not only taxing our criminal justice system but effectively over-penalizes some individuals who simply made a mistake and are otherwise law-abiding citizens.