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.