DUI defense

Fort Lauderdale DUI Defense Lawyer

A DUI arrest in Florida starts two cases, a criminal charge and a driver license suspension, and the license deadline is only 10 days. Adam looks at each element of your case, from the reason for the stop to the breath test, to find the defense.

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

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.

DUI guides

What to know after a DUI arrest

The 10-Day Rule

After a DUI arrest in Florida you have only 10 days to protect your driver license.

DUI Penalties

Florida's legislature has set minimum mandatory penalties for DUI, and they increase with a second or later conviction, a high breath result, a minor in the car, or a crash.

After a DUI Arrest

Most people are not prepared for the feeling in the pit of the stomach when a police cruiser appears behind them with its lights on.

Pulled Over for DUI

If a police officer stops you on suspicion of DUI, there are some guidelines you should follow.

Breath Test Refusal

Refusing a breath test in Florida has real consequences for your license and, since October 1, 2025, can be a separate crime even on a first refusal.

DUI Accidents

A DUI after a crash raises the stakes.

Attorney Adam D. Harmelin

Your attorney

Adam D. Harmelin

Adam has devoted his legal career to defending people arrested and charged with crimes, and has defended thousands of people throughout Florida. He lists his cell phone on his business card and website, and takes calls during business hours, nights, weekends and holidays.

  • B.A. with honors, University of Florida, 1994
  • J.D., University of Miami School of Law, 1997
  • Admitted to The Florida Bar, 1997
  • U.S. District Court, Southern District of Florida

Talk to Adam about your case

Call now to speak directly with attorney Adam Harmelin. He takes calls during business hours, nights, weekends and holidays.

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