Fort Lauderdale DUI Lawyer

Fort Lauderdale DUI Attorney Dave L. Simmons Defends Your Rights After a Drunk Driving Arrest

Have you been arrested for driving under the influence in Broward County? You may be worried about potential jail time, fines, and the impact on your driving privileges. At this critical juncture, having an experienced Fort Lauderdale DUI lawyer on your side can make all the difference.

Attorney Dave L. Simmons has dedicated his legal career to defending those accused of DUI and other criminal offenses in Broward County. As a former prosecutor and public defender, Mr. Simmons brings invaluable insider knowledge to your case. He understands how the State builds its case and knows how to craft the strongest possible defense strategy for you.

Understanding DUI Charges in Florida

A DUI arrest in Florida can lead to serious consequences. Under Florida Statute 316.193, you can be charged with driving under the influence if:

You are driving or in actual physical control of a vehicle, and
You are under the influence of alcohol or any chemical substance to the extent that your normal faculties are impaired, or
You have a breath-alcohol level of 0.08 or higher, or
You have a blood-alcohol level of 0.08 or higher

It's important to note that you can be charged with DUI even if you weren't actually driving. "Actual physical control" means being inside the vehicle with the capability to operate it, regardless of whether you were driving at the time of arrest.

Penalties for a DUI Conviction

Penalties for a DUI conviction in Florida can be severe, even for first-time offenders. The specific penalties depend on factors like your blood alcohol level, whether it's your first offense, and if there were any aggravating circumstances like property damage or having a minor in the vehicle.

Mandatory Standard Penalties for a First DUI Offense

Maximum of 6 months in jail.
Maximum of 12 months or reporting probation.
Minimum of 6 months of driver’s license suspension with a maximum of 12 months.
Minimum of a $500 fine.
50 hours of community service
Completion of a 12-hour DUI Substance Abuse Course known as (Level 1 DUI School).
Completion of a psychosocial evaluation to determine if substance abuse treatment is required.
10-day immobilization of your vehicle.

Mandatory Penalties for an Enhanced DUI (Person has a Breath or Blood Alcohol Level of .15 or Higher or Was Accompanied by a Minor at the Time of the Offense)

Maximum of 9 months reporting probation
Minimum of $1,000 fine
Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for 12 months.

Mandatory Penalties for DUI Offense With Property Damage

A maximum of 354 days in jail.
A maximum of 12 months reporting probation.
A minimum of 6 months reporting probation.
50 hours of community service.
Completion of a 12-hour DUI substance abuse course (Level 1 DUI School).
A minimum of a $500 fine with a maximum of 1,000 fine.
Completion of a psychosocial evaluation to determine if substance abuse treatment is required.

Enhanced Penalties for DUI With Property Damage (When a Person Has a Breath or Blood Alcohol Level of .15 or Higher or Was Accompanied by a Minor at the Time of the Offense)

All standard penalties of a DUI.
Maximum of 354 days in jail.
A minimum of $1,000 fine with a maximum of $2,000 fine.
Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for a minimum of 6 months up to a maximum of 12 months.

Mandatory Penalties for a Second DUI Offense Outside of 5 Years

Maximum of 9 months in jail
Maximum of 12 months reporting probation
Minimum of 6-month driver’s license suspension with a maximum of 12 months.
A minimum of $1,000 fine and a maximum of $2,000 fine.
Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for a minimum of 6 months up to a maximum of 12 months.
10-day immobilization of vehicle.
50 hours of community service.
Completion of a 21-hour DUI Substance Abuse Program (Level 2 DUI School).
Completion of a psychosocial evaluation to determine if substance abuse treatment is required.

Mandatory Penalties for a Second DUI Offense Inside of 5 Years

Minimum of 10 days in jail.
12 months of reporting probation
5-year revocation of driver’s license
30-day immobilization of vehicle
50 hours of community service
A minimum of $1,000 fine and a maximum of $ 2000 fine.
Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for 12 months.
Completion of a 21-hour DUI Substance Abuse Program (Level 2 DUI School).
Completion of a psychosocial evaluation to determine if substance abuse treatment is required.

Mandatory Penalties for a Third DUI Offense

Maximum 364 days jail.
Maximum of 12 months reporting probation.
Minimum of 6 months driver’s license suspension up to a maximum of 12 months.
Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for not less than 2 years.
50 hours of community service
Completion of a 21-hour DUI substance abuse program (Level 2 DUI School).
Completion of a psychosocial evaluation to determine if substance abuse treatment is required.
10-day immobilization of your vehicle.
A minimum fine of $2000 with a maximum of $5000.

Mandatory Penalties for a Third DUI Offense Within 10 Years of a Prior Conviction

Minimum of 30 days in jail with a maximum of five years in Florida State Prison.
A maximum of five years reporting probation.
A minimum of ten years of driver’s license suspension.
A maximum of a $5,000 fine.
Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for not less than 2 years.
90-day immobilization of vehicle.
50 hours of community service.
Completion of a 21-hour DUI substance abuse program (Level 2 DUI School).
Completion of a psychosocial evaluation to determine if substance abuse treatment is required.

Mandatory Penalties for a Fourth DUI Offense

A maximum of 5 years in Florida State Prison.
A maximum of 5 years reporting probation.
A permanent driver’s license revocation.
Mandatory placement of an ignition interlock device on all vehicles, used, owned, or operated by the convicted person for not less than 2 years.
Completion of a 21-hour DUI Substance Abuse Program (Level 2 DUI School).
Completion of a psychosocial evaluation to determine if substance abuse treatment is required.
Minimum of $2,000 fine with a maximum of $5000.
Minimum 50 hours of community service.
Minimum of 90 days immobilization of vehicle.

Why You Need an Experienced Fort Lauderdale DUI Attorney

When facing DUI charges, having a skilled defense lawyer is crucial. Attorney Dave L. Simmons will thoroughly evaluate every aspect of your case, looking for any weaknesses in the prosecution's evidence or violations of your rights. Some potential defense strategies include:

Challenging the traffic stop. Was there a legitimate reason for the officer to pull you over? If not, any evidence obtained after an illegal stop may be inadmissible in court.
Scrutinizing field sobriety tests. Field sobriety tests are notoriously subjective and unreliable. Mr. Simmons will examine how these tests were administered and if there were any factors that could have affected your performance unrelated to alcohol.
Contesting breath test results. Breathalyzer machines can produce inaccurate results due to improper calibration, operator error, or other factors. We'll investigate if proper protocols were followed in administering your test.
Exploring alternative explanations. Many common signs of intoxication can have innocent explanations. We'll look at all possibilities to cast doubt on the officer's observations.

In addition to defending you against criminal charges, we'll also fight to protect your driving privileges. You only have 10 days from your arrest to request an administrative hearing to contest the suspension of your license. Mr. Simmons can guide you through this process and represent you at the hearing.