A DUI arrest in Fort Lauderdale can happen even when a driver believes they were well under the legal limit. Florida law allows a DUI charge either when a driver’s normal faculties are impaired or when their blood or breath alcohol level is 0.08 or higher, meaning the charge does not always hinge on visible impairment alone. Attorney Michael G. Salazar Jr. has handled hundreds of DUI cases throughout Broward County, Miami-Dade and Palm Beach Counties for over 34 years.
How Florida Defines a DUI
Under Florida Statute 316.193, a person can be charged with DUI for operating or being in actual physical control of a vehicle while impaired by alcohol, a controlled substance, or a chemical substance, or with a blood or breath alcohol level of 0.08 or higher. You DO NOT have be driving.
What a First DUI Conviction Can Mean
Under Florida’s DUI statute, a first conviction can carry a fine between $500 and $1,000, up to six months in jail, a license revocation, court cost, DUI School, treatment, 50 hours of community service, VIP Class, vehicle immobilization. If the blood alcohol level was 0.15 or higher, or a minor was in the vehicle, the fine range increases to $1,000 to $2,000 and additional penalties can apply. Convictions also come with mandatory DUI school and probation.
Repeat Offenses Carry Escalating Penalties
A third DUI conviction within10 years of a second can be charged as a third-degree felony, carrying up to five years in prison, a fine of up to $5,000, and a 10-year license revocation. The stakes rise significantly with each subsequent offense.
How These Cases Are Defended
DUI cases often turn on details like whether the traffic stop was lawful, whether field sobriety exercises were properly administered, and whether breath or blood testing equipment was correctly calibrated and maintained. Attorney Salazar reviews each of these factors closely in every DUI case he takes on.
The Administrative License Suspension Clock
A DUI arrest in Florida triggers two separate processes: the criminal case itself, and a separate administrative license suspension handled through the Department of Highway Safety and Motor Vehicles. This administrative suspension moves on its own strict timeline (YOU ONLY HAVE 10 DAYS AFTER THE DUI ARREST), and a driver generally has a limited number of days to request a formal review hearing to challenge it. Missing this window can mean losing the opportunity to fight the suspension entirely, which is one of the many reasons acting quickly after a DUI arrest matters.
The Ignition Interlock Requirement
Florida law requires courts to order the installation of an ignition interlock device for convicted DUI offenders, generally for a minimum of six continuous months on a first offense and longer for subsequent offenses. This device, installed at the offender’s expense, requires a breath sample before the vehicle will start, adding another layer of consequence beyond fines and license revocation.
Enhanced Penalties for Injury or Death
A DUI that results in bodily injury to another person is charged as a third-degree felony, and if the injury is serious, penalties increase further. A DUI that results in the death of another person is charged as DUI manslaughter, which carries a mandatory minimum four-year prison sentence. These enhanced charges are treated very differently than a standard DUI, and the stakes involved make experienced representation especially important.
Why Every DUI Case Deserves a Close Look
It can be tempting to assume a DUI charge is straightforward once a breath test result is in hand, but these cases involve considerably more moving parts than most people realize. From the initial basis for the traffic stop, to the administration of field sobriety exercises, to the maintenance records of the breath testing device itself, there are multiple points where a case can be challenged. Attorney Salazar reviews each of these details methodically in every DUI case, rather than treating any single piece of evidence as automatically conclusive.
Frequently Asked Questions
Can I be charged with DUI even if I was not obviously drunk?
Yes. Florida law allows a DUI charge based solely on a blood or breath alcohol level of 0.08 or higher, regardless of whether a driver appeared visibly impaired.
Will I automatically lose my license after a DUI arrest in Fort Lauderdale?
A DUI arrest can trigger an administrative license suspension separate from the criminal case, and there are strict deadlines to challenge that suspension. Speaking with an attorney quickly is important to preserve those options.
Do I have to submit to a breath test if I am pulled over for DUI in Florida?
Florida’s implied consent law means refusing a breath, blood, or urine test can carry its own separate penalties, including license suspension, independent of the DUI charge itself. This is a nuanced area of law worth discussing with an attorney.
If you have been arrested for DUI in Fort Lauderdale, call The Salazar Law Firm at (954) 467-1965 to speak with Attorney Michael G. Salazar Jr.
