DUI Defense Attorney Fort Lauderdale

DUI (Driving Under the Influence) defense is the legal representation of individuals charged with operating a motor vehicle while impaired by alcohol, drugs, or chemical substances under Florida Statute §316.193. A DUI conviction in Florida carries mandatory penalties including fines, license suspension, probation, DUI school, and possible jail time — even on a first offense. Stewart Valencia P.A. is a Fort Lauderdale DUI defense law firm representing clients throughout Broward, Miami-Dade, Monroe, and Palm Beach counties. Attorney Stewart Valencia holds an AV Preeminent rating from Martindale-Hubbell, has been practicing criminal law since 1998 (Florida Bar #140120), and has tried more than 100 cases to verdict before judges and juries. If you have been charged with DUI, the clock starts immediately — call (954) 924-0200 for an immediate consultation.

Frequently Asked Questions: DUI Defense in Fort Lauderdale & Broward County

What is DUI in Florida and what are the penalties for a first offense?

Under Florida Statute §316.193, DUI occurs when a person drives with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, controlled substances, or chemical substances. First-offense DUI penalties in Florida include: fines of $500–$1,000 (up to $2,000 if BAC ≥ 0.15 or minor in vehicle), up to 6 months in jail (up to 9 months for aggravated), license revocation for 180 days to 1 year, 50 hours of community service, DUI school, 1-year probation, and vehicle impoundment. An experienced DUI defense attorney can challenge the charge and potentially reduce or dismiss these penalties.

What is the critical 10-day DHSMV rule after a DUI arrest in Florida?

This is the most time-sensitive issue after a DUI arrest in Florida: you have only 10 days from the date of arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If you miss this deadline, your driver's license is automatically suspended — regardless of the outcome of the criminal case. Your attorney can file this request on your behalf. Call Stewart Valencia P.A. at (954) 924-0200 immediately after an arrest so this deadline is not missed.

Can a DUI charge be defended or dismissed in Broward County?

Yes. DUI cases are legally defensible in multiple ways. Common DUI defenses include: challenging the legality of the traffic stop (was there probable cause?); challenging breathalyzer results (was the Intoxilyzer device properly calibrated and maintained?); challenging field sobriety test administration (were proper protocols followed?); challenging blood test chain of custody; and arguing rising BAC (BAC was below 0.08 at the time of driving). Attorney Stewart Valencia has extensive experience identifying weaknesses in Broward County DUI prosecutions.

Should I take the breathalyzer test if stopped for DUI in Florida?

Florida's implied consent law (F.S. §316.1932) means that by driving in Florida, you consent to a breath, blood, or urine test if lawfully arrested for DUI. Refusing a breathalyzer after a lawful DUI arrest results in a one-year automatic license suspension for a first refusal. A second refusal is a first-degree misdemeanor. However, refusing does remove breath test evidence from the case. This is a complex decision — speak with an attorney immediately after arrest before making any statements.

What happens if my BAC was 0.15 or higher, or I had a minor in the vehicle?

Enhanced DUI penalties in Florida apply when: (1) BAC is 0.15 or higher, or (2) a minor was in the vehicle. For a first offense with these aggravating factors: fines increase to $1,000–$2,000; jail time increases to up to 9 months; an ignition interlock device is required for at least 6 months. For a second offense with BAC ≥ 0.15, the ignition interlock requirement increases to 2 years. These cases require an experienced attorney who can argue for mitigation.

Can I refuse field sobriety tests (FSTs) in Florida?

Yes. Unlike breathalyzer tests, field sobriety tests (FSTs) such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test are voluntary in Florida. You are not legally required to perform them. However, refusal may be noted in the officer's report. FSTs are highly subjective and can be challenged in court based on road conditions, lighting, footwear, medical conditions, and officer error. Many sober individuals fail FSTs. Attorney Valencia has experience cross-examining officers on FST administration.

Why choose Stewart Valencia P.A. for DUI defense in Broward County?

Attorney Stewart Valencia brings 28+ years of criminal defense experience in Florida, an AV Preeminent peer-review rating (the highest distinction from Martindale-Hubbell), a track record of 100+ trials taken to verdict, and deep familiarity with the Broward County Courthouse at 201 SE 6th Street — directly across from our office. He is fully bilingual in English and Spanish. Unlike attorneys who plea-deal every DUI, Mr. Valencia litigates — and the prosecution knows it. Call (954) 924-0200 or (305) 792-8580 for an immediate consultation.

Serving DUI Clients Throughout Broward County and South Florida

Stewart Valencia P.A. is located at 612 SE 5th Avenue, Suite 3, Fort Lauderdale — directly across from the Broward County Judicial Complex where DUI cases are heard. DUI cases in Broward County are handled by the Broward County Circuit Court (17th Judicial Circuit) at 201 SE 6th Street, Fort Lauderdale.

The firm defends DUI clients in: Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Deerfield Beach, Plantation, Davie, and all other Broward County municipalities. Federal DUI charges and cases in Miami-Dade, Palm Beach, and Monroe counties are also handled. Call (954) 924-0200 or (305) 792-8580 (Miami line) for an immediate consultation.