Fort Lauderdale DUI Defense Lawyer

Fort Lauderdale DUI Attorney Dave L. Simmons Defends Your Rights After a Drunk Driving Arrest

A DUI arrest is one of the most stressful experiences a person can face. The uncertainty about what comes next — your license, your job, your record — can feel paralyzing. That uncertainty is normal. And it is exactly what experienced legal representation is designed to resolve.

Under Florida Statute 316.193, a person commits DUI when driving or in actual physical control of a vehicle while:

• Under the influence of alcohol or a controlled substance to the extent their normal faculties are impaired, or
• Having a blood or breath alcohol level of 0.08 or higher

That is the standard the State must prove beyond a reasonable doubt.

A DUI arrest in Broward County triggers two simultaneous legal proceedings:

• A criminal case handled by the Broward State Attorney’s Office
• A civil administrative action against your driver’s license managed by DHSMV

Both begin immediately. Both carry serious consequences. And one of them has a deadline most people miss entirely.

Fort Lauderdale criminal defense lawyer Dave Simmons has defended hundreds of DUI cases in Broward County over more than 27 years — and before that, prosecuted them as an Assistant State Attorney. That experience, on both sides of the courtroom, shapes how every case is evaluated from the moment of arrest.

Immediate Consequences of a Broward County DUI Arrest

• Automatic License Suspension: Triggered immediately upon arrest for a BAC of 0.08 or higher, or for refusal to submit to testing
• 10-Day Deadline: Failure to request a formal DHSMV review hearing within 10 days makes the suspension permanent and unchallenged
• Criminal Prosecution: The Broward State Attorney’s Office prosecutes DUI independently — the arrest report, breath or blood results, and officer observations form the basis of the State’s case
• Potential Employment Impact: A DUI conviction creates a permanent criminal record that cannot be sealed or expunged under Florida law
• Insurance Impact: A DUI arrest and conviction can result in significantly increased auto insurance premiums or loss of coverage entirely

The Advantage of a Former Broward County Prosecutor

Fort Lauderdale DUI defense attorney Dave L. Simmons brings 27 years of criminal law experience to every case. As a former Broward County Assistant State Attorney and Assistant Public Defender, he provides the insider perspective required to navigate the 17th Judicial Circuit’s criminal and administrative proceedings simultaneously.

He understands how the State evaluates DUI evidence, how breath and blood test results are used in prosecution, and how Broward County judges approach bond and sentencing in DUI cases.

Early legal intervention — beginning within hours of arrest — is the most effective way to protect both the driver’s license and the criminal case simultaneously.

Why Clients Trust The Law Offices of Dave L. Simmons, P.A.

Broward clients choose Dave Simmons for direct, personal representation from an attorney who has tried cases on both sides of the 17th Judicial Circuit courtroom — and who limits his practice exclusively to Broward County.

• Avvo 10.0 Superb Rating — Avvo’s highest designation
• Justia 10.0 Rating — perfect score on one of the nation’s leading legal directories
• Martindale-Hubbell® AV Preeminent — the highest peer review rating in the legal profession
• 200+ five-star client reviews
• Exclusive Broward County practice
• Supported by a legal team — Dave handles every case personally — not a paralegal or associate
• Extensive courtroom and trial experience
• Regular appearances before Broward County Circuit and County Court Judges

Call 954-765-3540 for a free, confidential case evaluation directly with Dave L. Simmons.

What Is DUI Under Florida Law?

Under Florida Statute 316.193, a person commits DUI when they are driving or in actual physical control of a vehicle while:

• Under the influence of alcohol or a controlled substance to the extent their normal faculties are impaired, or
• Having a blood or breath alcohol level of 0.08 or higher

Florida’s standard jury instruction defines “normal faculties” as the ability to:

• See and hear
• Walk and talk
• Judge distances
• Drive an automobile
• Make judgments and act in emergencies
• In general, perform the many mental and physical acts of daily life

Impairment means that the alcohol or controlled substance affected the defendant’s faculties to an extent that a person could observe the difference. That is the standard the State must prove beyond a reasonable doubt.

“Actual physical control” is broader than most people expect. A person seated in a parked vehicle with the keys in the ignition can be charged with DUI under Florida law — the vehicle need not be moving at the time of arrest.

DUI charges in Florida can also be based on impairment by prescription medication, marijuana, or other controlled substances — not only alcohol. In those cases, the State relies on:

• Officer observations
• Drug Recognition Expert (DRE) evaluations
• Toxicology results

The 10-Day Rule: Your Driver’s License After a DUI Arrest

This is the part most people miss — and missing it can cost a driver their license before the criminal case is even resolved.

When a person is arrested for DUI in Florida, DHSMV initiates a separate civil administrative proceeding against the driver’s license. The arrested driver has 10 days from the date of arrest to request a formal review hearing. Failing to request a hearing within 10 days results in an automatic suspension and permanently waives the right to challenge it administratively.

What triggers the administrative suspension:

• Breath or blood test result of 0.08 or higher — suspension begins 10 days after arrest
• Refusal to submit to a breath, blood, or urine test — suspension begins 10 days after arrest

Administrative suspension periods:

• First suspension for BAC 0.08 or higher: 6 months
• First suspension for refusal: 1 year
• Second or subsequent refusal: 18 months license suspension + first-degree misdemeanor criminal charge

The Hearing or the Business Purpose Only License: Understanding the Choice

Following a DUI arrest, the driver faces a choice between two paths:

Request the Formal DHSMV Review Hearing

• Preserves the right to challenge the suspension
• Extends the temporary driving permit during the process
• Creates a sworn record of the arresting officer’s testimony that can be used in the criminal case

Waive the Hearing and Apply Directly for a BPO License

• Requires enrollment in DUI school and application through DHSMV
• Restricts driving to business, employment, educational, medical, and church purposes
• Maybe the more practical path, depending on the circumstances

Which option makes more sense depends on the specific facts of the arrest, the strength of the evidence, and the driver’s immediate needs. Understanding that choice — and making it strategically — is one of the first decisions in the case.

What Are Common DUI Charges in Florida?

DUI in Florida is not a single charge. The offense level, penalties, and long-term consequences vary significantly depending on prior convictions, BAC level, and the presence of aggravating factors.

Standard DUI (First or Second Offense)

A first DUI or second DUI with a BAC below 0.15 and no aggravating factors is charged as a misdemeanor. While classified below the felony threshold, even a misdemeanor DUI conviction results in a permanent criminal record, mandatory license sanctions, DUI school, probation, and potential jail time.

DUI with Enhanced Penalties

A BAC of 0.15 or higher, or the presence of a minor in the vehicle, triggers enhanced penalty provisions — increasing the maximum fine, potential jail time, and probation exposure even on a first offense.

Felony DUI

A DUI charge becomes a felony under several circumstances:

• A third DUI within 10 years of a prior conviction
• A fourth or subsequent DUI regardless of timing
• DUI causing serious bodily injury

Felony DUI carries state prison exposure, mandatory minimum terms in certain circumstances, and permanent collateral consequences including firearm prohibitions.

How Are DUI Cases Evaluated in Broward County?

The Broward State Attorney’s Office evaluates DUI cases under a totality of the circumstances standard. No single piece of evidence is automatically determinative — prosecutors assess the complete picture before making a filing decision.

That picture typically includes:

• The circumstances and lawfulness of the traffic stop
• The arresting officer’s observations — driving pattern, appearance, demeanor, speech, and physical coordination
• Statements made by the driver during the stop
• Field sobriety exercise results and the conditions under which they were administered
• Breath or urine test results
• Car camera and body-worn camera footage

Each of these categories is also a category of evidence that can be examined, challenged, or reframed by the defense.

How DUI Cases Are Built — And Where They Break Down

Because DUI cases are evaluated on the totality of the circumstances, the defense analysis follows the same framework. Each category of evidence that the State relies upon is a category of evidence that can be examined, challenged, or reframed.

The Traffic Stop

The stop is the foundation of the entire case. If the officer lacked a lawful basis to initiate contact, suppression of all evidence obtained as a result may be available. Grounds for challenge include:

• No observable traffic infraction or equipment violation
• Insufficient basis for reasonable suspicion of criminal activity
• Unlawful initiation of contact

Officer Observations

Following the stop, the arresting officer documents their firsthand observations of the driver. These observations form the narrative core of most DUI prosecutions and typically include:

• Odor of alcoholic beverage on the breath: Can be present after minimal consumption and does not establish impairment
• Slurred or thick-tongued speech: Can result from fatigue, anxiety, a medical condition, or a speech impediment
• Glassy, bloodshot, or watery eyes: Can be caused by allergies, fatigue, contact lenses, or environmental irritants
• Flushed face: Can result from stress, heat, exertion, or a medical condition
• Unsteady on feet or difficulty maintaining balance: Can be caused by an injury, a neurological condition, fatigue, or an uneven road surface
• Trouble locating or retrieving documents: Can reflect nervousness during a traffic stop, not impairment
• Confusion or difficulty following instructions: Can result from anxiety, a language barrier, or a cognitive condition

Each of these observations is subjective and recorded under pressure after the fact. Where body-worn camera or dash camera footage is available, the video may contradict or fail to corroborate the officer's documentation in the arrest affidavit. Cross-examining the officer on lighting conditions, distance, duration of contact, and the sequence of events frequently reveals inconsistencies that are not apparent in the written report.

Statements by the Driver

Statements made during the stop can be used against the driver at trial. They can also be challenged. Reviewable issues include:

• Whether the driver was in custody at the time the statement was made
• Whether Miranda warnings were required and properly given
• Whether the statement was accurately recorded

Field Sobriety Exercises

NHTSA protocols governing the administration of Standardized Field Sobriety Exercises are specific and documented. Deviations from proper administration go directly to the evidentiary weight and admissibility of the results. Grounds for challenge include:

• Improper instructions or demonstration by the officer
• Unsuitable testing surface or environmental conditions
• Failure to account for physical limitations or medical conditions
• Scoring errors by the administering officer

Breath or Urine Results

A result at or above 0.08 is the beginning of the analysis, not the end of it. Grounds for challenge include:

• Maintenance record gaps or failed inspections
• Operator certification defects
• Mouth alcohol contamination
• Radio frequency interference
• Medical conditions affecting breath composition
• Urine collection, handling, and analysis issues

Video Evidence

Car camera and body-worn camera footage are among the most consequential pieces of evidence in a DUI case — and among the most frequently underutilized by the defense. Video often captures what the arrest affidavit does not:

• The actual driving pattern prior to the stop
• The conditions and circumstances of the stop itself
• Field sobriety exercise administration
• The officer’s interactions with the driver throughout

When the video contradicts the written account, that contradiction is significant. Preservation and early review of all available footage is a priority in every case.

What Are the Penalties for a DUI Conviction in Florida?

DUI penalties in Florida escalate based on prior convictions, BAC level, and aggravating factors. Certain consequences are mandatory under Florida law regardless of the circumstances.

Potential Court-Imposed Penalties

• County jail or state prison
• Formal probation (often 12 months or more)
• Mandatory DUI school and substance abuse evaluation
• Ignition interlock device requirement
• Vehicle impoundment
• Community service (50 hours mandatory on first offense)
• Court fines and statutory costs
• Permanent criminal record

First DUI (No Prior Convictions)

• Fine: $500–$1,000 (up to $2,000 if BAC 0.15 or higher or minor in vehicle)
• Jail: Up to 6 months (up to 9 months if BAC 0.15 or higher or minor in vehicle)
• Probation: Up to 1 year
• License revocation: Minimum 180 days
• DUI school, 50 hours of community service, vehicle impoundment required
• Ignition interlock required if BAC 0.15 or higher

Second DUI

• Fine: $1,000–$2,000 (up to $4,000 if BAC 0.15 or higher or minor in vehicle)
• Jail: Up to 9 months; mandatory 10 days if within 5 years of prior
• License revocation: Minimum 180 days; 5-year revocation if within 5 years of prior
• An ignition interlock device is required for at least 1 year

Third DUI (Within 10 Years of Prior)

• Third-degree felony
• Fine: Up to $5,000
• Prison: Up to 5 years
• License revocation: Minimum 10 years

Felony DUI — Fourth or Subsequent / Serious Bodily Injury

• DUI Serious Bodily Injury: Third-degree felony, up to 5 years prison
• Fourth or subsequent DUI: Third-degree felony regardless of when prior convictions occurred

These are statutory ranges. Actual outcomes depend on the facts, the evidence, and how the case is handled from the moment of arrest.

Can a DUI Be Sealed or Expunged in Florida?

A DUI conviction cannot be sealed or expunged under Florida law — regardless of how much time has passed, how minor the circumstances were, or whether adjudication was withheld. This is one of the most significant long-term consequences of a DUI conviction and one of the primary reasons why the outcome of the case matters so much.

Why Early Strategy Matters

Because a conviction permanently forecloses sealing and expungement, the objective in many DUI cases is not simply minimizing the immediate penalty — it is avoiding a DUI conviction on the record entirely. That may mean:

• Dismissal based on suppression of evidence or legal defects in the stop or arrest
• Negotiated reduction to reckless driving — commonly called a “wet reckless” — which does not carry the same permanent record bar
• Acquittal at trial

Long-Term Consequences of a DUI Conviction

• Employment background checks and professional licensing
• Commercial driver’s license (CDL) disqualification
• Immigration consequences for non-citizens
• Auto insurance rates and potential loss of coverage
• Permanent public criminal record

If charges are dropped or the defendant is acquitted, the arrest record may be eligible for expungement. The disposition of the case — not just the outcome of sentencing — determines what record relief is available.

Defense Strategies in Broward County DUI Cases

DUI cases in Broward County are rarely as straightforward as the arrest affidavit suggests. Effective defense begins with a detailed review of what actually happened — from the reason for the stop to the procedures followed during testing.

Unlawful Stop

The stop is the foundation of the entire case. If the officer lacked a lawful basis to initiate contact, suppression of all evidence obtained as a result may be available. Grounds for challenge include:

• No observable traffic infraction or equipment violation
• Insufficient basis for reasonable suspicion of criminal activity
• Pretextual or otherwise unlawful initiation of contact

An unlawful stop does not just weaken the case. It can end it.

Field Sobriety Exercise Challenges

NHTSA protocols governing the administration of Standardized Field Sobriety Exercises are specific and documented. Deviations from proper administration go directly to the evidentiary weight and admissibility of the results. Grounds for challenge include:

• Improper instructions or demonstration by the officer
• Unsuitable testing surface or environmental conditions
• Failure to account for physical limitations or medical conditions
• Scoring errors by the administering officer

Breath Test Challenges

A reported Intoxilyzer 8000 result above 0.08 is the beginning of the analysis, not its end. Grounds for challenge include:

• Maintenance record gaps or failed inspections
• Operator certification defects
• Mouth alcohol contamination
• Radio frequency interference
• Medical conditions affecting breath composition

Witness Credibility and Inconsistent Statements

Officer observations are subjective and recorded under pressure. The formal DHSMV review hearing — if timely requested — places the arresting officer under oath before the criminal case proceeds. Areas of examination include:

• Inconsistencies between the hearing testimony and the arrest report
• Discrepancies between the written narrative and the available video
• The officer’s basis for each specific observation is documented in the affidavit

Negotiated Reduction to Reckless Driving

When the evidence does not support dismissal but a DUI conviction is not inevitable, negotiating a reduction to reckless driving is a legitimate and commonly pursued strategy. Compared to a DUI conviction, a reckless driving conviction:

• Does not carry the same mandatory penalties
• Does not trigger the same DHSMV administrative consequences
• May be eligible for sealing in certain circumstances — preserving the possibility of record relief that a DUI conviction permanently eliminates

Breath Test Refusal in Florida

Florida’s implied consent law provides that anyone who operates a motor vehicle on Florida roads has legally consented to submit to a breath, blood, or urine test if lawfully arrested for DUI.

Refusing the test triggers an automatic administrative license suspension — 1 year for a first refusal, 18 months for a second or subsequent refusal. Effective October 1, 2025, a first refusal now also carries a second-degree misdemeanor charge — making refusal a far more consequential decision than under prior law.

Refusal does not eliminate the DUI charge. The State may use the refusal itself as evidence of consciousness of guilt — the argument being that an innocent person would have had no reason to refuse.

Whether that argument is persuasive depends on the specific circumstances:

• Whether the implied consent warning was properly administered
• Whether the updated Trenton’s Law warning was given
• Whether the arrest itself was lawful
• What other evidence does the State have independent of the test results

Refusal cases require fact-specific analysis of everything that occurred from the moment of the stop.

How a Fort Lauderdale DUI Defense Attorney Can Help

Strategic Intervention in the Early Stages

In Broward County DUI cases, the most consequential decisions are often made before formal charges are filed and before the administrative suspension becomes final. The 10-day window after arrest is the period of maximum legal leverage — and the period most often wasted without counsel.

Early, strategic action can influence:

• Whether formal charges are filed
• Whether reduced charges are considered

Protecting the Driver’s License

Following a DUI arrest, the administrative license suspension process begins automatically. Requesting the formal DHSMV review hearing preserves the right to challenge the suspension, extends the temporary driving permit, and creates a sworn record of the arresting officer’s testimony for use in the criminal case. Missing the 10-day deadline eliminates both the administrative challenge and a pre-trial discovery opportunity that exists nowhere else in the process.

If Charges Are Formally Filed

Once formal charges are filed, the case enters the discovery phase, and the prosecution must disclose the evidence it intends to rely upon. The defense review includes:

• Body-worn camera and dash camera footage
• Intoxilyzer 8000 maintenance and inspection records
• Operator certification documentation
• Blood draw records, chain of custody documentation, and lab analysis
• Field sobriety exercise scoring sheets and officer notes
• 911 recordings and dispatch records
• Witness statements and prior criminal history

When appropriate, depositions are conducted to evaluate witness credibility, lock in testimony, and assess the overall strength of the State’s case.

Motions to Suppress

Where the evidence supports it, motions to suppress are a central part of the defense strategy. Grounds for suppression in DUI cases can include:

• An unlawful traffic stop lacking reasonable suspicion or probable cause
• An improperly administered implied consent warning
• Defective breath test procedure or operator certification issues
• A warrantless blood draw without valid consent or exigent circumstances
• Miranda violations where the driver was in custody during questioning

When critical evidence is suppressed — particularly a breath or blood result — the State’s ability to prosecute is often severely compromised or eliminated entirely.

As a former Broward County Assistant State Attorney and Assistant Public Defender, attorney Dave Simmons understands how DUI cases are evaluated and prosecuted in the 17th Judicial Circuit. That experience — built over 27 years and thousands of cases — enables anticipation of prosecutorial strategy, identification of evidentiary vulnerabilities, and development of a defense tailored to the specific facts of the case. Every case is prepared with trial readiness in mind — whether pursuing dismissal through suppression, negotiating a reduction, or litigating before a jury.

Frequently Asked Questions About DUI in Broward County

Can a DUI be dismissed in Florida?

Yes. DUI charges can be dismissed when:

• Evidence is suppressed due to an unlawful stop
• Breath or blood test results are excluded due to procedural violations
• The State cannot meet its burden of proof at trial

Cases are also resolved through plea negotiations that reduce the charge to reckless driving, which carries significantly less severe consequences and does not carry the permanent record bar that a DUI conviction does.

What is the difference between a DUI and a reckless driving charge?

A DUI conviction in Florida is permanent, cannot be sealed or expunged, and carries mandatory license sanctions, DUI school, fines, and potential jail time. A reckless driving conviction does not carry the same mandatory penalties and, under certain circumstances, may be eligible for sealing. Negotiating a reduction to reckless driving is a common defense strategy when the evidence does not support outright dismissal, but the State’s case has vulnerabilities.

Will someone go to jail for a first DUI in Florida?

Not necessarily. First-offense DUI does not carry a mandatory minimum jail sentence unless the BAC was 0.15 or higher or a minor was in the vehicle. Many first-offense resolutions involve:

• Probation
• DUI school
• Community service
• Fines

Jail remains a statutory possibility, and the outcome depends on the facts of the case, the evidence, and how the case is handled.

Can a DUI be sealed or expunged in Florida?

No. A DUI conviction cannot be sealed or expunged under Florida law, regardless of how much time has passed. This is one of the central reasons why fighting the charge or negotiating a reduction matters. If charges are dropped or the defendant is acquitted, the arrest record may be eligible for expungement.

How long does a DUI stay on a Florida record?

A DUI conviction is permanent in Florida and cannot be removed from either the driving record or the criminal record. Florida also applies a 75-year lookback period for DUI priors when determining whether a subsequent offense should be charged as a felony — effectively a lifetime lookback for most drivers.

Is an attorney necessary for a DUI charge in Broward County?

Yes. DUI cases in Florida involve parallel criminal and administrative proceedings with strict deadlines, procedural requirements, and nonintuitive evidentiary issues. Key reasons include:

• The 10-day DHSMV hearing deadline is routinely missed without counsel
• Suppression issues must be identified and addressed early
• The difference between a DUI conviction and a reduced charge — or a dismissal — frequently turns on how quickly representation begins and what happens in the first days after arrest.