DUI Defense Attorney, South Florida

Florida DUI Law, What You Are Facing

Under Florida Statute § 316.193, a DUI conviction requires the State to prove you were operating or in actual physical control of a vehicle while impaired by alcohol or drugs, or with a blood or breath alcohol level of .08 or higher. That sounds straightforward. In practice, police and prosecutors cut corners, and those shortcuts create defenses.

A first-offense DUI in Florida carries up to six months in jail, fines between $500 and $1,000, a mandatory license suspension, 50 hours of community service, probation, and required DUI school. Second and subsequent offenses escalate quickly. A third DUI within ten years is a third-degree felony.

What Robert Davis Looks at First

Every DUI defense starts with the traffic stop. Law enforcement must have reasonable suspicion to pull you over. If that basis is weak, a vague lane infringement, an equipment issue that turns out to be nothing, the stop itself can be challenged. Evidence obtained after an unlawful stop can be suppressed, which often ends the case before trial.

From there, Robert examines the field sobriety tests. These tests were designed by the National Highway Traffic Safety Administration and must be administered in a specific way. Officers frequently skip steps, give incomplete instructions, or score the tests incorrectly. A single procedural error can undermine the State's case.

If a breath test was taken, Robert pulls the calibration and maintenance records for the Intoxilyzer 8000, the machine Florida uses. These instruments require regular maintenance and certified operators. Gaps in documentation, improper observation periods, or machine errors can render the result inadmissible.

Blood Tests and Rising Blood Alcohol

When a blood draw was taken, the chain of custody becomes critical. Who drew the blood? How was it stored? Was the sample analyzed correctly? These are not technicalities, they are constitutional protections. Robert reviews every link in that chain for the defense.

Florida also recognizes the "rising blood alcohol" defense. Alcohol continues to absorb into the bloodstream for 30 to 90 minutes after your last drink. If you had a drink shortly before driving, your BAC at the time of driving may have been below .08 even if it tested higher later at the station.

License Issues and the DHSMV Hearing

When you are arrested for DUI in Florida, you have just 10 days to request a formal review hearing with the Department of Highway Safety and Motor Vehicles. Missing this deadline means automatic license suspension. Robert handles the DHSMV hearing in parallel with the criminal case, protecting your ability to drive while fighting the charges.

Why Robert Davis for Your DUI Case

Robert spent years as a Broward County prosecutor watching DUI cases built and tried. He knows the standard arguments, the weak points in the State's evidence, and which defenses hold up in front of South Florida judges. He handles DUI cases across Fort Lauderdale, Pompano Beach, Hollywood, Deerfield Beach, Miami, Boca Raton, and throughout South Florida.

Frequently Asked Questions