DUI Defense Lawyer In Broward County
Many people underestimate the severity of a drunk driving conviction. You could face not only heavy fines and driver’s license suspension but also jail time – even for a first driving under the influence (DUI) offense.
As a former prosecutor, attorney Douglas Rudman has handled first-time and multiple DUI charges and other traffic violations from both sides of the courtroom. At The Rudman Law Group in Boca Raton, he knows how to put cases together and take them apart. With his experience as a Boca Raton DUI attorney, he works zealously to defend your rights, your freedom and your reputation.
What Are The Penalties For A DUI Conviction In Broward County?
Upon conviction for driving under the influence, you could be subject to any or all of the following criminal and administrative penalties:
- First DUI:
- License suspension of at least 180 days up to one year
- Jail time of up to six months
- A minimum fine of $500 and up to $1,000
- Mandatory 50 hours of community service
- Probation for up to one year
- Vehicle impoundment for 10 days
- Ignition interlock (at your expense)
- Second DUI:
- License suspension of 180 days to one year (or five-year revocation if within five years of the first DUI)
- Jail time of up to nine months (minimum 10 days if within five years)
- A minimum fine of $1,000 and up to $2,000
- Vehicle impoundment for 30 days
- Ignition interlock
- Third DUI:
- License revocation of 10 years (or 180 days to one year if it has been more than 10 years since the last DUI)
- Mandatory jail time of 30 days and up to 12 months
- A minimum fine of $2,000 and up to $5,000
- Vehicle impoundment for 90 days
- Ignition interlock
- Hardship license available after two years
- Fourth DUI:
- Habitual offender imprisonment of up to five years
- Permanent license revocation (hardship license possible after five years)
- Fines of $2,000 up to $5,000
Enhanced DUI penalties apply when there are aggravating factors that harm others or put others at grave risk. These include:
- BAC of .15% or greater
- Impaired driving with a child in the vehicle
- Causing an accident resulting in serious injury or death
It is very common to have to take DUI driving classes. However, before you agree to do so, consult a DUI attorney. Aggravating factors can trigger years in prison, bigger fines, longer license revocation and other punishments.
However, the impact of a DUI conviction ranges much further than criminal sentencing. With a DUI on your criminal record, employers might be reluctant to hire you. Landlords might not want to approve your application for an apartment or house. Colleges and universities often have academic consequences for students who drive drunk. Anyone who runs an internet search on your name could see your conviction and attach to you the negative stigma associated with drunk driving.
You have only 10 days to request a hearing to challenge your DUI license suspension. Never waive your rights with the DHSM Talk to an experienced DUI lawyer in Boca Raton without delay. The Rudman Law Group represents anyone accused of drunk driving: college students and young adults, business owners and professionals, and ordinary people pulled over after happy hour at the bar or wine with friends.
What Are The Possible Defense Strategies For A DUI In Boca Raton?
Mr. Rudman investigates the circumstances of your arrest thoroughly to determine whether:
- The police had probable cause to pull you over.
- The police administered any field sobriety tests appropriately.
- The police calibrated the breath test machine properly, and it received regular maintenance.
- Other factors, such as prescription medications or other health problems, contributed to your driving behavior.
He knows how to analyze the facts of your traffic stop and arrest for opportunities to challenge the evidence. He understands the complexities of DUI and felony DUI defense, including how to present a compelling case in court or work out the best plea deal possible, given your unique circumstances. He has won DUI cases in court and are effective negotiators who have worked with local prosecutors and judges to secure favorable outcomes.
What Should I Do If I Get Pulled Over In Florida?
It is always nerve-wracking if a police officer pulls you over. Although it might feel difficult to keep your wits in this moment, try to remember these tips:
- Remain polite and cooperative, even if you do not think the cop is treating you fairly.
- Produce your driver’s license and registration if asked.
- Invoke your Fifth Amendment right to remain silent; do not give any information that is not on your driver’s license.
- Do not submit to a field sobriety test. However, if you choose to refuse the breath test, be aware that the state has the right to revoke your driver’s license.
Finally, you need to consult an attorney as soon as you can. Do not agree to an interview or provide excessive information before you have a lawyer present.
Get Answers To Your Questions About DUI In Broward County
What is blood alcohol content (BAC) or level?
Your blood alcohol level is actually a numerical value that is assigned to the alcohol saturation in your blood. In short, that is the unit of measurement that the government uses to determine whether you are over the legal limit. In Florida, the legal limit is .08%. It takes an experienced defense attorney to be able to get in there and actually try to use the facts and circumstances of your case to show the jury that, perhaps, you were actually under the legal limit at the time of driving.
What is the legal limit for blood alcohol concentration (BAC)?
You can be charged with DUI if you have a blood alcohol content (BAC) of .08% or higher. This is known as a per se DUI, meaning that you are presumed to be impaired at that level. It is possible to get a DUI if your BAC is below the legal limit, but the prosecution must show other compelling evidence of impairment. There are special rules for:
- Underage drivers: Drivers under age 21 can be charged with a “zero tolerance” violation at .02% BAC (any alcohol in their system). The penalty is a six-month license suspension. An underage driver who tests at .05% BAC will also be required to take a substance abuse course. An under-21 driver who tests at .08% BAC or greater is subject to full DUI penalties.
- Truck drivers: Drivers of trucks, buses and other commercial vehicles can be charged with DUI at .04%. They will lose their commercial driver’s license (CDL) for at least one year, with no opportunity for a hardship license.
As for drugs, there is no legal limit or reliable test for drug impairment. Thus, you can be declared “under the influence” on the basis of any trace of drugs (illegal substances or prescription meds) in your system.
How is BAC measured?
The authorities use a blood, breath or urine test to measure the percentage of alcohol in your bloodstream as a percentage; this figure is known as your BAC.
Can I refuse to take a breathalyzer test?
Under Florida’s implied consent law, you must submit to a breath or blood test if you are arrested for DUI in Boca Raton. Refusing the chemical test results in:
- 12-month license suspension (first offense)
- 18-month license suspension (subsequent offenses)
- Ineligibility for a hardship license (third offense)
What happens if I refuse a breath test in Florida?
In Florida, when you agree to accept the privilege to operate a motor vehicle, you do so with the understanding that you are consenting to any sobriety test authorized by law. When you refuse to submit to a breath test, you are essentially breaching that contract that you entered into with the state of Florida. That triggers administrative penalties that can actually result in the suspension of your driving privilege for up to 12 months for your first refusal and 18 months if it’s your second refusal. If you’ve previously refused a breath test, that second refusal could be treated as a first-degree misdemeanor, punishable by up to one year in the county jail.
Will I lose my driver's license following a conviction in my Florida drunk driving case?
If you’re convicted of drunk driving, DUI, in the state of Florida, you are going to lose your license for a period of time. It could be as little as six months for your first offense and could go all the way up to a lifetime revocation if it’s your fourth or subsequent offense. And with DUI convictions, they say that the more you get, the worse it gets. That’s why you want an experienced DUI defense attorney working on your case as soon as possible. They will try to mitigate the damage and even resolve your case to a lesser offense, like reckless driving, which doesn’t carry a mandatory revocation and allows you to continue to live, thrive, survive, pick your life up and continue on as if nothing happened.
Can I still drive with a suspended license?
You can petition the court for a hardship license, which allows you to drive to work if losing your license would cause undue financial hardship on you and which allows you to drive for necessities of life such as work, school, religion, medical, and food.
How long does a DUI stay on my record?
Florida does not expunge DUIs. If convicted, it stays on your record for 75 years or until your death.
Can I have my drunk driving conviction expunged in Florida?
Driving under the influence (DUI) in Florida is what’s called a mandatory adjudication offense, which means, if you’re convicted, you must be adjudicated guilty. Also, in Florida, you cannot expunge adjudications. You cannot seal adjudications. If you’ve been adjudicated guilty of any charge or have been previously adjudicated guilty of a charge, you cannot receive a Florida expungement.
Are there alternative sentencing options for a Florida DUI?
Jail time, loss of driving privileges and other penalties can seriously affect your job and other aspects of life. The Rudman Law Group explores alternative programs and penalties that hold you accountable but enable you to earn a living and get your life back on track. Depending on the circumstances, you might be eligible for:
- Alcohol or drug treatment in lieu of jail time
- Electronic monitoring in lieu of jail time
- Probation and/or community service in lieu of jail time
- Additional fines in lieu of community service
- A hardship license that allows you to drive to work or school
- License reinstatement after attending DUI school
First-time offenders may have the opportunity for a pre-trial diversion program, but do not automatically qualify for it. There are exclusions. Contact The Rudman Law Group to help determine if you are eligible or should fight the charges.
Could a DUI affect my Second Amendment rights?
If you have a felony DUI on your record, it could affect your right to purchase or own firearms. Florida prohibits convicted felons from owning firearms of any kind. If the court convicts you of felony drunk driving, you would have to surrender your guns to the state.
What is an ignition interlock device?
An ignition interlock device is the device that is installed in your car after you’ve been convicted of DUI or pursuant to a plea negotiation between you and the state of Florida. It is a breath unit that you must blow into both before starting your car and while driving your car – it will actually ask for breath during the course of your operation of the car. The reason behind this is because they want to avoid situations in which you have someone blow into it just to get the car started, and then you drive away without that person in the vehicle. Some of the new, modern ignition interlock devices also actually have a camera attached to the tube that accepts the breath and takes a photograph of the individual blowing into the instrument.
What should I do if I have been charged with BUI?
First off, boating under the influence (BUI) is a much different charge than driving under the influence (DUI). The reason is because you’re out on the water, and when you’re out on the water, your balance is already different than what your balance would be on the ground. When the police go through their investigation, they’re supposed to use different field sobriety testing to determine whether your faculties are impaired. But, a lot of times, the police don’t do that because they aren’t trained in these alternative field sobriety exercises. That’s why it’s so important to contact an experienced DUI and BUI defense attorney, because we know the difference, and we know what the police are supposed to do and what they fail to do in a lot of investigations.
Get Help From A Skilled Broward County DUI Attorney Today
At The Rudman Law Group, your lawyer makes every effort to avoid a conviction or soften the consequences to prevent this episode from ruining your future. Contact the firm’s law office in Boca Raton to schedule a free consultation. Please call locally at 561-464-2615, call toll-free at 888-870-7457 or send an email.
