Affordable Legal Team

Affordable DUI Attorney Fort Lauderdale

Affordable DUI Attorney Fort Lauderdale FL | Defending your DUI

Affordable DUI Criminal Defense Attorney Fort Lauderdale

For the State of Florida to prove an accused person was driving under the influence of an alcohol beverage or controlled substance, they must prove that the accused was under the influence, intoxicated at the time he was driving to the point that either his "normal faculties" were impaired, or he blew .08 or greater.

If the driver refuses to give a Breathalyzer or urine sample, his or her license will be suspended for 1 year, yet this is challengeable.


If it’s the driver's second or greater refusal, this license will be suspended for 18 months (also challengeable), and an additional misdemeanor of Refusal will be charged along with DUI.

Normal faculties are walking, talking, judging distances, acting in emergencies, etc. If the driver did not submit to a breath test, then the State must be able to prove his normal faculties were impaired at the time of driving. To prove this, they will use the roadside video typically recorded by the arresting officer, observations by the officer of the driver performing voluntary roadside exercises, and any observations or videos taken at the Breath Alcohol Testing facility, known as the BAT.

If the driver did offer a breath sample and blew above .08, often times an argument can be made that the breath sample was taken over an hour after the driver stopped driving, and the State can only assume or guess that his blood alcohol level was above .08 an hour ago.

Another defense to a breath sample above .08 may be that the Intoxilyzer, the machine that analyzes the sample, wasn't calibrated or maintained properly.


Affordable DUI Defense Fort Lauderdale

There are mandatory minimums for each DUI, and they increase with multiple DUI's, depending on how close in time the DUI's are spaced apart. The following is the minimum sentence a first time DUI defendant can receive if found or pled guilty or no contest.

  • 6 months probation
  • 6 months driver license suspension
  • $500 fine
  • Alcohol and substance abuse evaluation and treatment
  • 50 hours community service
  • 10 day immobilization of the vehicle (may be waived if others depend on the vehicle)

If the breath sample was .15 or above the charge is DUI Enhanced, which raises these minimums.


Affordable DUI Attorney Fort Lauderdale | DUI Defense

Mr. Lowry is very experienced in DUI defense in Fort Lauderdale, having gone to trial numerous times with excellent results. But prior to trial, Mr. Lowry knows how to beat up the state’s case. If the courts allow, we will take depositions of the officer(s) and make them swear under oath about what they believe happened.

If there are any inconsistencies with their testimony at deposition compared to their reports or other statements, then Mr. Lowry is excellent at showing the prosecutor and jury these inconsistencies and why the officer cannot be trusted.

DUI Defense Fort Lauderdale Florida

Other ways to defend against DUI’s is filing a motion to suppress evidence, stating the officer pulled you over illegally without reasonable suspicion or probable cause that you had broken the law.

If that’s true, then Mr. Lowry can argue, before trial, that all evidence collected or observed by the officer, like roadside exercises or a breath test, should be thrown out of court because had the officer followed the law, he or she wouldn’t have been able to collect or observe this evidence whatsoever. Should you be facing a DUI, DO NOT HESITATE TO CALL about your driver license rights, and how we can best defend your DUI allegations.

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Affordable Legal Team
115 S Albany Ave #2 Tampa , FL 33606
(813) 515-0220
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Affordable Legal Team Miami
500 E Broward Blvd #1710b Fort Lauderdale , FL 33394
(786) 571-4384
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Affordable Legal Team Estero
9480 Corkscrew Palms Cir #2B Estero , FL 33928
(239) 268-8037
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