(561)988-8000 DUI / Assault
CHARGE: DUI – Second Offense (Fla. Stat. § 316.193); Simple Assault / Domestic Assault (Fla. Stat. § 784.011) – Coconut Creek, Broward County, Florida
FACTS: Our client was arrested in Coconut Creek, Broward County, after police responded to a late-night domestic disturbance call at an apartment complex in Karanda Village. According to the police reports, officers were advised that the client’s ex-girlfriend reported he had been drinking, aggressively knocking on her door, repeatedly ringing the doorbell, and allegedly threatening to kill her. Officers located the client seated alone inside a running Ford Super Duty truck parked directly outside the residence with the keys in the ignition.
Upon making contact with the client, officers claimed they detected a strong odor of alcohol, observed slurred speech and bloodshot eyes, and noted that he admitted consuming alcohol earlier in the evening. Police further alleged that the client displayed signs of impairment during roadside field sobriety exercises, including difficulty maintaining balance, stepping off the line during the walk-and-turn exercise, swaying during the one-leg stand exercise, and exhibiting clues on the horizontal gaze nystagmus test.
During the investigation, officers also discovered firearms and ammunition inside the vehicle, including a Glock 19 handgun, a Smith & Wesson SD9 pistol, loaded magazines, and multiple rounds of ammunition. The allegations exposed the client to significant criminal penalties, including enhanced punishment associated with a second DUI offense and additional concerns arising from the alleged threats and firearm possession.
Police further alleged that the client refused to submit to a breath test after being read Florida’s implied consent warning.
RESULT: After aggressively challenging the allegations, scrutinizing the investigation, and negotiating with prosecutors, our firm secured dismissal / no filing of the assault charge despite the allegations involving threats and firearms. The DUI charge was ultimately resolved favorably with minimal penalties, substantially limiting the long-term impact on the client’s criminal record, driver’s license, and future opportunities. Prosecutors formally declined to proceed on the assault allegation, and the case avoided escalation into more serious violent felony charges.
OUTCOME: The client avoided conviction on the assault allegation, avoided additional violent crime consequences, and resolved the DUI case without the severe penalties often associated with second-offense DUI prosecutions involving firearms and domestic disturbance allegations. Our representation helped the client avoid substantially greater exposure to incarceration, enhanced sanctions, and long-term collateral consequences.
DUI
DUI Reduced to Reckless Driving With Withhold of Adjudication
DUI (Fla. Stat. § 316.193) – Sunrise, Broward County, Florida
In Sunrise, Broward County, Florida, our client was arrested and charged with Driving Under the Influence (DUI) under Florida Statute § 316.193 after Sunrise Police officers responded to a report of an allegedly erratic driver near State Road 84. According to the investigation, a civilian witness contacted law enforcement and provided officers with a cellphone video that allegedly depicted unsafe driving behavior involving the client’s vehicle. Importantly, officers did not personally observe the client driving, operating, or exercising actual physical control over a motor vehicle at any point prior to the arrest.
By the time officers arrived, the client had exited the vehicle and was encountered as a pedestrian outside a nearby business establishment identified in the reports as “Key Foods.” Officers immediately detained the client and ultimately took him into custody for DUI despite the absence of direct officer observation of driving or operation of the vehicle.
Law enforcement later alleged that the client exhibited signs commonly associated with impairment, including a flushed face, bloodshot eyes, and the odor of an alcoholic beverage. The client was transported to a DUI BAT facility for processing, where officers claimed he refused to submit to a breath test after being advised of Florida’s implied consent law. Records generated during processing reflected that the client questioned why he had been arrested and repeatedly denied driving the vehicle.
Unlike many DUI prosecutions, this case presented highly unusual and legally significant constitutional and statutory issues that substantially impacted the State’s ability to proceed. Most notably, the arresting officers never personally observed the client driving, sitting inside the vehicle, or exercising actual physical control over the vehicle prior to detention and arrest. Additionally, the incident did not involve a traffic crash or accident investigation that might otherwise have triggered certain statutory exceptions to Florida’s misdemeanor arrest requirements.
Recognizing the importance of these issues early in the case, our firm conducted an extensive legal review and prepared a comprehensive Motion to Suppress challenging the legality of the detention, seizure, arrest, and all evidence obtained thereafter. The motion specifically argued that the arrest violated Florida law governing warrantless misdemeanor arrests because none of the essential elements of the offense allegedly occurred in the presence of law enforcement. The defense further challenged whether officers possessed sufficient probable cause to arrest for DUI where:
- no officer personally witnessed driving,
- no officer observed actual physical control of the vehicle,
- field sobriety exercises were never administered prior to arrest,
- and impairment at the time of driving could not be reliably established.
The motion additionally raised statutory challenges under Florida Statute § 316.645, arguing that the statute did not authorize the warrantless arrest because the matter did not involve a crash investigation.
Successfully identifying and litigating these legal deficiencies required extensive familiarity with Florida DUI law, constitutional search and seizure principles, and the procedural limitations placed upon law enforcement during DUI investigations. Drawing upon prior experience as a DUI prosecutor with the Broward State Attorney’s Office, our firm carefully analyzed the investigative reports, statutory framework, implied consent procedures, and developing case law concerning warrantless DUI arrests based solely upon civilian allegations and third-party video evidence.
As the case progressed, the legal challenges raised by the defense materially weakened the prosecution’s position and created substantial leverage in negotiations with the State Attorney’s Office. Through strategic advocacy, targeted motion practice, and detailed legal analysis, the defense was ultimately able to secure a highly favorable negotiated resolution.
RESULT:
The DUI charge was reduced to Reckless Driving, with the Court granting a Withhold of Adjudication and imposing no additional penalties beyond the negotiated reduced-charge disposition.
OUTCOME:
The client avoided a DUI conviction, avoided the enhanced penalties associated with a DUI offense, avoided significant license-related consequences, and avoided the long-term stigma frequently associated with a DUI record. The reduction to reckless driving with a withhold of adjudication also preserved important future opportunities and substantially minimized the long-term impact of the case.
This result highlights the importance of early intervention, aggressive motion practice, and sophisticated legal analysis in DUI cases involving questionable arrests, civilian witness allegations, and constitutional issues relating to probable cause and warrantless misdemeanor enforcement.
DUI with Property Damage – No Jail and Minimum Penalties
Driving Under the Influence with Property Damage (Fla. Stat. §316.193(3)(c)1) – Coral Springs, Broward County, Florida
Leifert & Leifert represented a client charged in Broward County following a DUI investigation conducted by the Coral Springs Police Department after an early morning wrong-way crash in Coral Springs, Florida. Prosecutors alleged that the client drove while impaired near the intersection of Riverside Drive and West Atlantic Boulevard before colliding with a utility pole owned by Florida Power & Light.
According to police reports and crash investigation materials, officers observed the client’s black Honda Accord traveling southbound in the northbound lanes of Riverside Drive shortly before the collision occurred. Investigators alleged that the vehicle ultimately struck an FPL utility pole, causing property damage and disabling the vehicle.
Law enforcement further alleged that when officers made contact with the client, he displayed multiple indicators commonly associated with impairment, including:
- bloodshot and watery eyes,
- slurred speech,
- an odor of alcoholic beverage,
- and difficulty maintaining balance.
Officers also reported locating an open bottle of Grey Goose vodka inside the vehicle and alleged that body-worn camera footage captured statements relating to alcohol consumption prior to driving.
During the investigation, police alleged the client provided breath samples registering alcohol concentrations above the legal limit. Officers also advised the client regarding Florida’s implied consent law pursuant to Fla. Stat. §316.1932(1)(a) during the DUI investigation.
As a result of the investigation, the client faced allegations relating to:
- DUI,
- DUI with Property Damage,
- implied consent / breath testing issues under Florida law,
- and possession of an open container of alcohol in a vehicle.
The allegations exposed the client to serious criminal and driver’s license consequences, including:
- possible incarceration,
- probation,
- driver’s license suspension,
- substantial financial penalties,
- and a permanent criminal conviction.
After being retained, Leifert & Leifert conducted a detailed review of the crash reports, body camera evidence, witness statements, implied consent documentation, and all discovery materials produced by the State Attorney’s Office. The defense carefully analyzed the circumstances surrounding the crash, the alleged indicators of impairment, the breath testing evidence, and mitigation factors relevant to sentencing and disposition negotiations.
Leifert & Leifert then engaged in extensive negotiations and advocacy aimed at minimizing the long-term consequences of the allegations and avoiding incarceration for the client.
Despite allegations involving a wrong-way crash, property damage, possession of alcohol inside the vehicle, and breath alcohol readings allegedly above the legal limit, the defense successfully secured a resolution allowing the client to avoid any jail sentence and receive the minimum penalties available under the circumstances.
RESULT: The client resolved the DUI-related charges without serving any jail time and received the minimum penalties available despite the seriousness of the allegations and evidence involved.
