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DUI Defense

An arrest for driving under the influence (DUI) of drugs or alcohol is a humiliating experience that leaves many first-time offenders immediately fearing the possible consequences of a conviction. Several people charged with this crime automatically assume that even though they thought they were able to drive safely, the fact that they had any drugs or alcohol in their systems means that guilty pleas are inevitable.

The truth is that an arrest for DUI in Florida is not the same as a conviction. Flawed testing or any one of a number of other issues may result in criminal charges being reduced or possibly even dismissed.

DUI Defense Lawyer in Broward County, FL

If you were arrested for DUI in South Florida, it is in your best interest to immediately retain legal counsel. The Hoffman Firm can investigate the circumstances of your traffic stop and fight to help you achieve the most favorable outcome with the fewest possible penalties.

Evan A. Hoffman is a criminal defense attorney in Fort Lauderdale who defends clients all over Broward County, including Hallandale Beach, Margate, Hollywood, Miramar, Plantation, and many surrounding areas. You can have him review your case and begin exploring your legal options by calling (954) 524-4474 today to schedule a free consultation.


Fort Lauderdale Drunk Driving Information Center


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Common DUI Offenses in Florida

Under Florida Statute § 316.193, people are guilty of DUI in the Sunshine State if they were driving or in actual physical control of motor vehicles and were either under the influence of alcohol or any controlled substance to the extent that their normal faculties were impaired or had a breath or blood alcohol concentration (BAC) of 0.08 or more. The phrase “actual physical control” means the alleged offender was in or near a motor vehicle with the key and ability to operate the automobile, so a person could feasibly be charged with DUI without ever having actually driven.

In most cases, BAC is measured through breath tests (often called breathalyzer tests) conducted at the site of the traffic stop and at the police station. In certain cases, police may have alleged offenders submit to blood tests to measure alcohol levels.

When an alleged offender has a BAC of 0.08 or higher, it is referred to as “per se DUI”—with per se being the Latin phrase for "by itself" or "in itself" and meaning that the BAC alone makes the person legally intoxicated, regardless of whether that person’s normal faculties appear to be impaired. While 0.08 is the limit for most drivers, Florida sets the limits much lower for commercial drivers (0.04) and minors (0.02).

The Hoffman Firm handles a wide variety of DUI cases, including:

  • First DUI;
  • Second DUI;
  • Third DUI;
  • Fourth or Subsequent DUI;
  • Felony DUI;
  • Bicycle DUI;
  • Boating Under the Influence;
  • Commercial Truck DUI;
  • Driving While Impaired by Drugs (DUID);
  • DUI Manslaughter;
  • DUI Refusal;
  • DUI with Child Passenger;
  • DUI with Injury/Serious Injury;
  • DUI with Property Damage;
  • Out-of-State DUI; and
  • Underage DUI.

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Types of DUI Defenses in Broward County

Alleged offenders facing DUI charges in Florida often feel as though they are presumed guilty and can only hope for some form of mercy from judges or prosecutors. In reality, all arrests for drunk or drugged driving involve several complicated requirements for how police officers are supposed to handle certain elements of the cases.

If law enforcement errs in any seemingly routine aspect of a DUI arrest, the criminal charges can be dramatically affected. Key evidence may become inadmissible and alleged offenders could see their cases being thrown out.

Every drunk driving arrest is different, but common issues tend to arise in these cases. Some of the best defenses against DUI charges include, but are not limited to:

  • Breath test operator did not possess valid license;
  • Failure to calibrate breath test device or other mechanical issues;
  • Failure to read implied consent warning to alleged offender;
  • Improperly administered chemical tests;
  • Improperly administered field sobriety tests;
  • Innocent explanations for alleged impairment of normal faculties;
  • Lack of probable cause;
  • Motorist was forced to drive out of necessity (such as a medical emergency);
  • Officer’s observations contradicted or unsupported by video evidence;
  • Tests taken during time of rising BAC levels; or
  • Weather affected driving and/or field sobriety test performance.

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Florida Resources for DUI Arrests

DUI UNIT | Broward Sheriff's Office — The DUI Unit of Broward Sheriff's Office is comprised of three divisions that work together to enforce DUI laws, process DUI offenders, and increase awareness of the hazards of driving or boating while under the influence of alcohol or drugs. Learn more about the DUI Task Force, DUI/Breath Alcohol Testing (BAT), and BAT Video divisions on this website. You can also find information about some of the educational opportunities offered by the DUI Unit.

Broward Sheriff's Office
2601 W. Broward Blvd.
Ft. Lauderdale, FL 33312
(954) 765-4321

Florida DUI and Administrative Suspension Laws — Find information about consequences of DUI arrests on this section of the Florida Department of Highway Safety and Motor Vehicles website. You can learn more about community service, imprisonment, and impoundment or immobilization of vehicles. The page also discusses license suspensions, including the effects for commercial drivers and reinstatement for employment purposes.


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The Hoffman Firm | DUI Defense Lawyer in Broward County, Florida

Were you recently arrested in South Florida for allegedly driving under the influence of drugs or alcohol? The Hoffman Firm aggressively defends clients accused of DUI in Lauderhill, Cooper City, Pompano Beach, Pembroke Pines, Davie, and several nearby communities in Broward County.

Fort Lauderdale criminal defense attorney Evan A. Hoffman has experience handling these cases on both sides of the aisle as a former Assistant State Attorney for the Broward County State Attorney’s Office. He can help identify all of the possible defenses in your case when you call (954) 524-4474 or submit an online contact form to take advantage of a free, confidential consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Broward County area call The Hoffman Firm today.

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