Fort Lauderdale DUI Lawyer

Whether you were stopped at a checkpoint, pulled over after a night out, or involved in an accident, the moment charges are filed, a clock starts running on decisions that affect your license, your record, and your future.

Michael White is a former Broward County prosecutor who now represents people facing DUI charges throughout Fort Lauderdale and South Florida. That background shapes how every case here is handled: with a practical understanding of how the state builds its case and where the defense has the most room to work.

What to Do Immediately After a DUI Arrest

The steps you take in the hours and days following a DUI arrest can affect both your criminal case and your driving privileges. Consider the following priorities:

1. Contact an attorney before making any additional statements. You have the right to remain silent, and exercising that right is not an admission of guilt.
2. Keep all paperwork related to the arrest. This includes citations, bond documents, license suspension paperwork, and any other documents provided by law enforcement.
3. Document the details of the stop and arrest. Write down the location, time, arresting officer’s name, and anything you remember about the interaction while it is still fresh in your mind.
4. Identify any witnesses. If anyone observed the traffic stop, field sobriety exercises, or arrest, make a note of their names and contact information.
5. Record any physical conditions that may have affected testing. Injuries, medical conditions, fatigue, balance issues, or medications may be relevant when evaluating field sobriety exercises or other evidence.
6. Note whether officers provided clear instructions during field sobriety exercises. How the tests were administered can be just as important as the results themselves.
7. Pay close attention to deadlines. DUI cases often involve strict deadlines that affect both your driver’s license and your criminal case.

How Florida Defines Driving Under the Influence (DUI)

Florida’s DUI statute defines driving under the influence broadly. Under Florida Statute § 316.193, a person is guilty of DUI if they are driving or in actual physical control of a vehicle while their normal faculties are impaired, or while their blood alcohol content is 0.08 or higher. Commercial drivers face a lower threshold of 0.04, and drivers under 21 can be charged with a BAC as low as 0.02 under Florida’s zero-tolerance law.

The “actual physical control” portion of that definition is one of the most misunderstood parts of Florida DUI law. You do not have to be actively driving to be charged with drunk driving. Sitting in a parked car with the keys in the ignition can be enough. Florida courts have consistently interpreted actual physical control broadly, which means people sometimes find themselves charged with DUI in situations they never anticipated.

Being charged with DUI does not automatically mean a conviction. The circumstances of the stop, the reliability of the testing, and how law enforcement followed procedure all matter when evaluating the strength of the state’s case.

DUI Penalties and Fines in Fort Lauderdale, Florida

Florida imposes significant consequences for a DUI conviction, and those consequences increase sharply with each subsequent offense. The state’s penalty structure is set out in its sentencing statutes, including Florida Statute § 775.082 for imprisonment and § 775.083 for fines. Understanding how these Florida DUI penalties apply to your situation requires looking at what level of offense you’re facing.

First Offense DUI

A first offense DUI in Florida is typically charged as a misdemeanor. Potential penalties include:

• Fines ranging from $500 to $1,000
• Up to six months in jail
• A term of probation
• Mandatory community service
• Completion of a DUI education program
• A driver’s license suspension of at least 180 days

Certain aggravating factors can increase the penalties. If your BAC was 0.15 or higher, or if a minor was present in the vehicle, potential consequences may include:

• Increased fines ranging from $1,000 to $2,000
• Longer potential jail sentences
• Additional restrictions and conditions imposed by the court

Even for a first-time offender, a DUI conviction can create lasting consequences that extend well beyond the immediate penalties.

Repeat Offenses and Felony DUI

You face serious consequences with each subsequent DUI conviction.

Second DUI Within Five Years

• Mandatory minimum of 10 days in jail
• Higher fines
• Five-year driver’s license revocation
• Additional probationary and educational requirements

Third DUI Within Ten Years

• Charged as a felony DUI
• Up to five years in prison
• Ten-year driver’s license revocation
• Long-term impact on employment and professional opportunities

Fourth DUI Offense

• Charged as a felony regardless of when prior convictions occurred
• Up to five years in prison
• Permanent felony record and associated collateral consequences

A drunk driving conviction can affect far more than the criminal case itself. Repeat offenses often create additional challenges involving employment, professional licensing, housing opportunities, and immigration status.

DUI Manslaughter Charges in Fort Lauderdale

When a DUI results in the death of another person, the consequences become significantly more severe. Under Florida law, DUI manslaughter is generally charged as a second-degree felony, punishable by up to fifteen years in prison and a mandatory minimum sentence of four years.

Several factors can increase the potential penalties:

• Standard DUI Manslaughter: Second-degree felony carrying up to 15 years in prison.
• Leaving the Scene: If the driver knew or should have known a crash occurred and failed to remain at the scene, the offense becomes a first-degree felony punishable by up to 30 years in prison.
• Repeat Fatal Driving Offenses: Under Florida law, a second or subsequent conviction for certain fatal driving offenses may result in enhanced felony penalties.

These investigations begin immediately after a fatal crash. Law enforcement officers, crash reconstruction specialists, and prosecutors often begin gathering evidence at the scene and continue developing the case for months afterward. Early legal representation can be critical in protecting your rights and evaluating the evidence the state intends to rely upon.

Vehicular Homicide and DUI Manslaughter

Although people sometimes use the term “vehicular manslaughter,” Florida law refers to the offense as vehicular homicide. Unlike DUI manslaughter, vehicular homicide does not require proof of impairment. Instead, prosecutors must prove that the driver operated the vehicle in a reckless manner that caused the death of another person or an unborn child.

The distinction matters because the state must prove different elements for each offense:

• DUI Manslaughter: Requires proof of impairment and that the impaired driving caused or contributed to the fatality.
• Vehicular Homicide: Requires proof of reckless driving that caused the fatality, regardless of whether alcohol or drugs were involved.

In some cases, prosecutors may pursue both charges when they believe the evidence supports allegations of both impairment and reckless driving. The specific charges filed can affect defense strategy, potential penalties, and the issues that must be challenged in court.

Administrative Consequences for a DUI in Fort Lauderdale

Most people focus on the criminal side of a DUI arrest, but the administrative consequences run on a separate track and begin almost immediately. Understanding both matters because they require different responses on different timelines.

Florida law gives the state authority to suspend your license at the time of arrest, independent of any criminal conviction. This is called an administrative suspension. If you were charged with drunk driving and submitted to a breath or blood test showing a BAC of 0.08 or higher, your license is automatically suspended for six months on a first offense. If you refused testing, the suspension is one year for a first refusal and eighteen months for a second refusal, which also becomes a criminal offense.

You have ten days from the date of arrest to request a formal review hearing or elect a hardship license. Missing that window can mean accepting the full suspension period without any relief. License suspension carries downstream consequences that extend well beyond inconvenience, including loss of CDL privileges for commercial drivers, which can effectively end a career.

An ignition interlock device is required for many DUI convictions, including all second offenses and first offenses with a BAC of 0.15 or higher. The device must be installed on any vehicle the driver operates, at the driver’s expense, for a period set by the court. Additional administrative fees, reinstatement costs, and DUI school requirements add to the financial burden of a DUI conviction significantly.

DUI Testing: Breath, Blood, and Roadside Exercises

The evidence in many DUI cases begins on the side of the road. An officer may ask a driver to perform field sobriety exercises, then request a breath or blood test after an arrest. Each step matters because DUI testing is only as reliable as the process used to conduct it.

Field Sobriety Exercises

Field sobriety exercises, sometimes called roadside tests, are voluntary in Florida. Officers use them to help build probable cause for an arrest.

The standardized exercises usually include:

• Walk-and-turn
• One-leg stand
• Horizontal gaze nystagmus test

These exercises are not perfect measures of impairment. Performance can be affected by medical conditions, uneven pavement, footwear, lighting, nerves, fatigue, and unclear instructions. A poor performance does not automatically mean alcohol caused the issue.

Breath Tests

A breath test estimates blood alcohol content using a breath sample. Florida uses the Intoxilyzer 8000.

Several issues can affect the reliability of a breath test, including:

• Device maintenance records
• Operator certification
• Testing protocol
• Observation period compliance
• Calibration and inspection history

If those requirements were not followed, the result may be challenged.

Blood Tests

Blood testing may be used when a driver is unconscious, involved in a serious crash, or suspected of drug impairment.

Blood results depend on proper procedures at every stage, including:

• Lawful collection
• Chain of custody
• Proper storage
• Lab handling
• Accurate analysis

Problems with collection, storage, testing, or documentation can affect whether the result is reliable or admissible.

Challenging DUI Test Evidence

DUI evidence is not automatically valid because the state says it is. When testing procedures were mishandled, one possible defense strategy is filing a motion to suppress evidence based on violations during the stop, arrest, or testing process.

What to Do Immediately After a DUI Arrest

If you have been charged with DUI, the first priority is contacting an attorney before making any additional statements. You have the right to remain silent, and invoking that right is not an admission of guilt. It is a sound legal decision.

Gather what you can from the arrest: any paperwork given to you at the scene, the name of the arresting officer, the location and time of the stop, and any witnesses who were present. These details matter when reviewing the circumstances of the arrest. Florida DUI penalties are severe enough that understanding the full picture early gives your defense the best foundation to work from.

Document any physical conditions that may have affected your performance on field tests, such as injuries, fatigue, or medications. Note whether you were given clear instructions before each test. These observations can be relevant when evaluating the state’s evidence.