How strong or weak is your case?
When making a DUI arrest, there are specific statutory and constitutional procedures that law enforcement must follow. If the police do not follow them, it could lead to the dismissal of your case. Every DUI has its own set of facts. DUI lawyer Adam Harmelin will look at each element of your case to determine a defense and work toward the most favorable result the facts allow.
Did you know? You have 10 days
You have 10 days from the date of your notice of suspension, which for most people is the day of the arrest, to request a review of your license suspension or to choose a hardship license. After that, the suspension stands. Find your deadline with the 10-day calculator.
Two cases from one arrest
The license case. At the arrest, the officer suspends your driver license on behalf of the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The suspension is 6 months for a first breath or blood result of .08 or more, and 1 year for a first refusal to take the test. You can fight that suspension at a formal review hearing, or, if it is your first DUI suspension, choose a business-purposes license for the whole suspension instead. This decision has to be made within 10 days.
The criminal case. The DUI charge goes to the county court in Broward, at the courthouse in downtown Fort Lauderdale or one of the regional courthouses in Hollywood, Plantation or Deerfield Beach. If you are convicted, the court must impose minimum penalties and revoke your license, and Florida does not allow a judge to withhold adjudication on a DUI. See Florida DUI penalties.
The two cases run on separate tracks. Winning one does not automatically win the other, which is why both need attention from the start.
What Florida must prove
Under Florida law, a person commits DUI by driving or being in actual physical control of a vehicle while under the influence of alcohol or a controlled or chemical substance to the extent that their normal faculties are impaired, or with a blood or breath alcohol level of .08 or more. Normal faculties include the ability to walk, talk, judge distances, act in emergencies and drive. The State has to prove each part beyond a reasonable doubt, and you have the right to a jury trial.
Where DUI cases are won and lost
DUI defense can be technical. Some of the questions Adam asks in every case:
- Was the stop legal? An officer needs a legally sufficient reason to pull you over. If the stop was illegal, a judge can suppress the evidence that came from it.
- Were the field sobriety exercises fair? How they were explained, where they were done, your footwear, the surface, your health and the officer’s own notes all matter, and in South Florida most stops are recorded on video.
- Was the breath test done by the rules? The officer or operator must reasonably make sure you had nothing by mouth and did not regurgitate for at least 20 minutes before the test, to rule out mouth alcohol, and the instrument must be maintained and operated as the rules require. In Broward, the Broward Sheriff’s Office runs breath testing on the Intoxilyzer 8000, including its mobile breath testing truck.
- Were you told your rights? Officers are expected to follow the implied consent rules when they ask for a test, and you may have an independent test at your own expense. Problems with warnings and statements can keep evidence out.
- Does the evidence add up? Driving pattern, video, timing and the officer’s observations often tell a different story than the arrest report.
DUI resources
- The 10-day rule and your driver license
- Florida DUI penalties
- What to do after a DUI arrest
- What to expect when you are pulled over
- Refusing a breath test in Florida
- DUI with property damage or injury
Personal service
When you call attorney Adam Harmelin, you will speak with him. Throughout his career in private practice, Adam has always listed his cellular telephone on his business card and website.
The reason is simple. Accessibility to your attorney is important! My clients never complain that they cannot reach me. I am available to speak with my clients during business hours, nights, weekends and holidays.
Adam has defended DUI cases throughout South Florida. Many of his DUI case results were reductions to reckless driving without a license suspension, and some were not guilty verdicts at trial. Every case is different, and past results do not predict yours.
Frequently asked questions
I blew under .08. Why was I still arrested?
In Florida the breath test comes after the arrest, so by the time you blow you have already been arrested. A result under .08 does not end the case by itself: the State can still try to prove impairment of your normal faculties, including by drugs. A result of .05 or less creates a presumption that you were not impaired by alcohol. Results between .05 and .08 carry no presumption either way.
Can I drive after a DUI arrest?
Usually, for a short time. The notice of suspension acts as a temporary permit for 10 days if you are otherwise eligible. What happens after that depends on what you do within those 10 days. Read about the 10-day rule.
Can a DUI be reduced to reckless driving?
Sometimes, depending on the evidence and the prosecutor. Florida law does not allow a plea to a lesser offense when the breath or blood result was .15 or more. When a reckless driving plea is accepted and alcohol was involved, the court must still order the DUI program course and evaluation.
Will a DUI conviction stay on my record?
A DUI conviction cannot be sealed or expunged in Florida, because a judge may not withhold adjudication on a DUI, and sealing and expunction require that you were not adjudicated guilty. A DUI arrest that ends in a dismissal, an acquittal or a plea to a different offense may be eligible.
Do I have to go to court?
A DUI charge requires a court appearance in Broward County, and a lawyer can appear with you or, for some hearings, for you. People who live outside Broward, Miami-Dade and Palm Beach counties may have other options. Ask Adam.