Criminal Lawyer in Broward County
If you have been charged with committing a crime, contact a Broward County criminal attorney at Seltzer Law, PA for an aggressive defense. Attorney David Seltzer is a former Miami-Dade Cyber Crime Prosecutor with extensive criminal defense experience. He was voted a Rising Star in 2010, and has received an Avvo rating for professional excellence. Our firm provides representation in cases involving DUI, weapons & firearm charges,
drug charges such as
drug trafficking and
drug cultivation. Our team has helped numerous clients with
bankruptcy fraud and
worthless checks charges as well. We also represent individuals charged with parole violations,
sexual battery, and
attempted felony murder.
Criminal Defense for Your case
Have you been arrested for DUI? Under Florida Law, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs. If you are found to have a blood-alcohol concentration of 0.08% or more, you could face DUI charges. In this situation, having a DUI criminal defense attorney from Broward County to advise you of your options is crucial.
When making a traffic stop on suspicion of DUI in Florida, the police look for certain signs. That includes the driver's speed, ability to stay within the traffic lanes, turn signals or anything else allowing officers to pull you over. Once they stop you, they are looking and smelling for signs of alcohol intoxication. The officer will look at your eyes to see if they are red or bloodshot. They are also looking to see if you (or your vehicle) smell like alcohol or narcotics. Finding one or more of these signs will lead the officer to investigate further, which often means field sobriety tests.
Under Florida law, you automatically consent to lawful field sobriety tests by driving on a roadway in our state. Failure to comply and submit to the lawful request will result in an immediate suspension of your driving privileges for a minimum of 6 months. You will also be charged with a misdemeanor.
Field sobriety tests, or roadside exercises, may include test such as the Horizontal gaze nystagmus (eye test - follow the finger), walk the line (walk and turn), one-legged stand and finger to nose. Based on the results, the police may ask you to submit to further testing. The additional tests may include any of the following:
- Breath Test -- you would be required to blow into an Intoxilyzer (breathalyzer) machine, which will read your blood-alcohol level and allow the police to decide whether you are above the legal limit.
- Urine Test -- you would be required to give a urine specimen in order for the police to determine whether you are above the legal limit. This is usually used when the police suspect that the driver is intoxicated with a narcotic.
- Blood Test -- you would be required to give a blood sample in order for the police to determine if you are above the legal limit. This is usually used when the police suspect that the driver has used drugs, or when you are too intoxicated to provide one of the two above methods. This test is also used when a driver is involved in an accident involving injury to others. The court may order a blood sample taken, usually involuntarily.
If the police decide you were driving while intoxicated, they can and usually do suspend your driver's license in addition to charging you with DUI. You are entitled to challenge this, but you have only ten days to file for a hearing with the DMV. You can and should have a DUI criminal defense attorney present at this hearing, which should happen within 30 days of your filing. At the hearing, an officer will decide whether there is a basis for the suspension supported by a preponderance of the evidence, and then notify the driver. This decision may be appealed to a higher court. The outcome of this case has no effect whatsoever on your criminal DUI case.
During this time, you may be able to get a hardship license that lets you continue to drive for work purposes, both while you wait for trial and possibly throughout the entire ordeal. Additionally, a DUI criminal defense attorney may appeal the suspension to the DMV, which would not directly affect any pending criminal charges.
Our firm represents drunk driving clients throughout South Florida. Don't delay; let an experienced former prosecutor help protect your good name and reputation. We offer a free, confidential consultation, 24 hours a day and 7 days a week to all potential clients. You can contact the firm at any time for the legal assistance that you both need and deserve.
Resource Links for Broward County, FL
Resources for Criminal Defense
Broward County, FL Map
Overview of Broward County, FL