Why This Case Matters
When facing a DUI, many people feel like a conviction is inevitable—especially after refusing roadside tests or losing a pretrial motion. But this case proves that trial preparation and strategic pressure can still deliver a win, even when early rulings don’t go your way.
Our client didn’t think he was doing anything wrong when he accidentally turned into a secured port entrance while driving through South Florida. But that wrong turn led to an unexpected encounter with law enforcement, followed by a DUI investigation—and ultimately, an arrest.
He hadn’t been pulled for mistakenly passsing a check point. There was no crash, no breath test, and no field sobriety exercises. Still, based on a brief interaction and some subjective observations, he was charged with driving under the influence. Fortunately, early legal intervention and strategic trial preparation led to a much more favorable outcome.
The Charge He Faced
Our client was arrested for driving under the influence (DUI)—a charge that carries serious penalties in Florida, even for first-time offenders, including:
- Up to 6 months in jail
- License suspension
- Fines, court costs, DUI school, and probation
- Mandatory adjudication of guilt, making the record permanent
If convicted, our client faced the life-altering consequences of a DUI, including increased insurance rates, difficulty securing employment, and the inability to expunge the charge from his record.
What Happened
The case began when our client inadvertently made a wrong turn and entered the secured checkpoint at Port Everglades, a heavily monitored area where vehicles are required to stop for inspection. Upon arrival, port security conducted a brief initial screening and then called in a Broward Sheriff’s Office (BSO) deputy to further investigate.
The responding officer claimed to observe two typical indicators of impairment: bloodshot eyes and the odor of alcohol on our client’s breath. Based solely on these observations—and without noting any slurred speech, poor coordination, or erratic behavior—the officer initiated a DUI investigation.
He asked our client to perform field sobriety exercises, which the client legally refused. In Florida, individuals are not required to perform roadside exercises, although refusals can sometimes be used as evidence in court. At the time of this case, a first-time refusal was not a criminal offense. Nonetheless, the refusal became a central part of the prosecution’s theory, and our client was arrested and charged with Driving Under the Influence, a first-degree misdemeanor under Florida Statute § 316.193.
Our Strategic Approach to Handling This Florida DUI Charge
We immediately filed a motion to suppress, arguing that the stop and detention were unlawful and lacked probable cause. Unfortunately, the court denied the motion—but that didn’t stop us.
Instead of backing down, Fort Lauderdale DUI defense attorney Dave Simmons took the case into full trial preparation mode, showing the State that:
- There were no allegations of slurred speech, unsteady balance, or erratic driving.
- Our client exercised his legal right to refuse the roadside exercises, which at the time was not yet subject to criminal penalty under Florida law.
- The arrest video didn’t show compelling signs of impairment. We were confident it would leave room for reasonable doubt.
By setting the case for trial and refusing to plead to a DUI, we shifted the balance of power.
The Result: No Conviction, No Suspension, and No DUI
On the day of trial, after months of preparation, the State relented. We negotiated a favorable plea to:
- Reckless driving
- Withheld adjudication (no conviction)
- No driver’s license suspension
- No jail time
Because adjudication was withheld, our client was later able to seal the record. This outcome would have been impossible with a DUI conviction.
This case is a reminder that not every DUI needs to end in a conviction, especially when the facts are weak and the defense is strong. Even though our motion to suppress was denied, we didn’t give up. By pushing the case to trial and maintaining pressure, we secured a resolution that preserved our client’s record, driving privileges, and future.
Charged With DUI in Fort Lauderdale?
If you’ve been arrested for DUI in Broward County, don’t assume your case is unwinnable—even if you refused the roadside tests or lost a pretrial motion. The strength of your defense depends on how early and aggressively your attorney gets involved.
At the Law Offices of Dave L. Simmons, P.A., we’ve spent more than two decades defending DUI cases in Fort Lauderdale, Lauderhill, Plantation, and beyond. As a former prosecutor and public defender, attorney Dave Simmons knows how DUI cases are built—and how to break them down.
Our office serves clients in Fort Lauderdale and surrounding areas, including Lauderhill, Plantation, Coral Springs, and Pembroke Pines. Contact our office today at 954-765-3540 for a confidential consultation.
Note: Every case is unique, and past results do not guarantee future outcomes. The specific facts and circumstances of your case will determine the available defense strategies and potential outcomes.
