How to Fight a DUI Charge in Florida: Your Legal Defense Options

December 11, 2025

How to Fight a DUI Charge in Florida: Your Legal Defense Options

A DUI arrest in Florida can be one of the most stressful moments of your life. Beyond the embarrassment and anxiety, the legal consequences can be severe — including heavy fines, driver’s license suspension, probation, or even jail time.

At Demmery Law, PLLC provides experienced, results-driven defense for clients across Fort Lauderdale and South Florida. Whether this is your first DUI or you’re facing enhanced penalties, Tanner will help you understand your rights, build a strong defense, and guide you toward the best possible outcome.

📞 Call 954-466-7440 today to schedule a confidential consultation with a skilled Fort Lauderdale DUI defense attorney.

Florida DUI Laws: What You’re Up Against

Under Florida Statutes § 316.193, you can be charged with DUI if you are found driving or in “actual physical control” of a vehicle while:

Having a Blood Alcohol Concentration (BAC) of 0.08% or higher, or
Being impaired by alcohol, drugs, or a combination of both to the point your normal faculties are affected.

A DUI charge may seem straightforward — but the prosecution must prove impairment beyond a reasonable doubt. This leaves room for defense strategies that challenge how the evidence was collected, interpreted, or presented.

Penalties for a DUI Conviction in Florida

DUI penalties vary depending on your history, the circumstances of the arrest, and whether anyone was injured. Common penalties include:

First Offense: Fines up to $1,000, license suspension for up to one year, possible jail time up to 6 months.
Second Offense: Fines up to $2,000, license suspension for up to five years, and up to 9 months in jail.
Third Offense (within 10 years): Felony charge, up to 5 years in prison, and fines up to $5,000.

If the DUI resulted in property damage, serious injury, or death, charges can escalate to DUI manslaughter or vehicular homicide, carrying much harsher penalties — including long-term imprisonment.

Common DUI Defense Strategies in Florida

Every DUI case is unique, but the right defense can mean the difference between conviction and dismissal. Tanner Demmery leverages his deep understanding of criminal law and local court procedures to identify weaknesses in the prosecution’s case and build a strong defense.

Here are some of the most effective DUI defense strategies:

1. Challenging the Traffic Stop

Police must have reasonable suspicion to pull you over. If your stop was unlawful, any evidence collected afterward — including field sobriety and breath tests — may be excluded.

2. Questioning Field Sobriety Tests

Tests like “walk and turn” or “one-leg stand” are highly subjective and often affected by fatigue, medical conditions, uneven ground, or improper police instructions.

3. Contesting Breathalyzer Accuracy

Breath testing machines must be regularly calibrated and operated by trained officers. Tanner examines whether equipment maintenance or operator error compromised your BAC results.

4. Disputing Blood or Urine Test Results

Medical conditions, lab handling errors, or contamination can create false positives. A skilled attorney can subpoena lab records and cross-examine expert witnesses to expose testing flaws.

5. Examining Arrest Procedures

If law enforcement violated your constitutional rights — for example, by failing to read Miranda rights or detaining you without probable cause — key evidence could be suppressed.

6. Proving Lack of Actual Control

If you were asleep or not driving when approached by police, your attorney may argue you weren’t in “actual physical control” of the vehicle under Florida law.

What to Do Immediately After a DUI Arrest

Your actions after a DUI arrest can significantly influence your case:

Stay silent and avoid discussing details with officers.
Contact a DUI defense attorney immediately — the sooner Tanner can review your case, the more options you’ll have.
Request a DMV hearing within 10 days of your arrest to challenge your license suspension.
Document everything you remember about the stop, arrest, and testing — these details are critical for your defense.

Why Choose Tanner Demmery for DUI Defense

Attorney Tanner Demmery provides strategic, aggressive representation for clients facing DUI charges across South Florida. As a former prosecutor, he understands how the state builds its case — and uses that insight to anticipate, challenge, and dismantle their arguments.

You’ll work directly with Tanner throughout your case — no passing off to junior associates. He’s known for his hands-on approach, meticulous attention to detail, and unwavering commitment to protecting his clients’ rights.

Protect Your Rights. Protect Your Future.

A DUI charge doesn’t have to define your future — but it does demand action. Tanner Demmery can help you navigate the system, challenge weak evidence, and fight for a result that keeps your life on track.

📞 Call 954-466-7440 or visit www.demmerylaw.com to schedule your confidential consultation today.

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The Difference Between Felony and Misdemeanor Charges in Florida

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Learn the difference between felony and misdemeanor charges in Florida and how each can impact your life. Contact Demmery Law, PLLC in Fort Lauderdale for trusted criminal defense representation.

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How to Defend Against Drug Possession Charges in Florida

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Injured in a Car Accident in Fort Lauderdale? Here’s What to Do Next

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Understanding DUI Laws in Florida: What Every Driver in Fort Lauderdale Needs to Know

July 30, 2025

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Do Arrest Warrants Show Up on Background Checks in Florida? 2025

April 23, 2025

If you are applying for a job, renting an apartment, or going through a background check for any reason in Florida, you may be wondering, “Do arrest warrants show up on background checks in Florida?” Arrest warrants can have a great impact on your personal and professional life, even if you were never convicted of a crime. In Florida, arrest records and warrants can sometimes appear in background checks, depending on the nature of the record and the type of background check that is conducted. Understanding when and how arrest warrants show up is crucial, especially if you are concerned about your legal history impacting your future opportunities. Understanding Arrest Warrants on Background Checks When undergoing a background check in Florida, whether it is for a job, housing, or other purpose, you may wonder if an arrest warrant will show up. Arrest warrants are legal documents that authorize law enforcement to arrest an individual, but they are often tied to an individual’s criminal record. The question of whether an arrest warrant will appear on a background check depends on several key factors, like the nature of the warrant and the type of check. There are different types of background checks, and not all of them will display warrants. These background checks may include the following: Employment Background Checks: These can include a review of criminal records and could reveal arrest warrants. Tenant Background Checks: Landlords use background checks that can show arrest records and warrants, especially for more serious offenses. Credit or Financial Checks: These checks typically focus on financial history and may not include criminal records or arrest warrants. When Will an Arrest Warrant Appear? If there is an active warrant for your arrest, it is likely to show up on a background check, which may have serious impacts and consequences on your reputation and opportunities. Older warrants might also be listed in background checks if they haven’t been cleared or if the warrant was never resolved. In some cases, if an arrest warrant led to charges that were eventually dropped, or if you were acquitted, you can have the warrant or related records expunged. A Fort Lauderdale criminal defense lawyer can help determine whether this is an option for you and guide you through the process of clearing your record. If you have an outstanding arrest warrant or are concerned about the impact on your background check, consulting with a criminal defense lawyer is critical, as they can assist in resolving the warrant and potentially help you avoid arrest. How to Address Arrest Warrants that Appear on Background Checks Having an arrest warrant show up on a background check can be a stressful experience, especially if you’re applying for a job, housing, or another opportunity. Whether you were ever convicted, an arrest warrant on your record can create complications. Below are suggestions of how to address this: First, confirm the details of the warrant are accurate, as you can contest it if they are not. Determine if the warrant is active or has been resolved. Take immediate action to resolve it by meeting with a lawyer. Resolve the case in court by pleading guilty or not guilty. Expunge or seal your criminal record if eligible. Be prepared to explain the warrant during background checks.

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What Disqualifies You From Getting A CDL in Florida?

April 23, 2025

What Disqualifies You From Getting A CDL in Florida? It can be difficult to obtain a Commercial Driver’s License (CDL) in order to begin a career in the Florida transportation industry. Earning your CDL is a considerable professional accomplishment. However, not everyone can get a CDL because of some potential disqualifying factors. You may have unanswered questions and might be wondering, “What disqualifies you from getting a CDL in Florida?” What Specific Factors Might Disqualify Someone From Getting a CDL? Since the safety of the drivers and the public is important, strict rules and criteria are applied when qualifying someone for a commercial vehicle operation. Earning a CDL ensures that only responsible, qualified drivers are handling commercial vehicles. Age requirements, alcohol and drug abuse , driving history, immigration status, medical history, and criminal history are included in these disqualifying factors. Age Requirements The Department of Transportation (DOT) has a minimum age requirement for acquiring a CDL. Age requirements vary depending on the type of load being moved and the kind of applicable commercial vehicle. In most states, including Florida, the minimum age to get a CDL is 18 years old . However, the minimum age permitted for driving between states in the United States is 21 years old. Someone is typically prevented from getting a CDL if they don’t comply with the age requirements set by the DOT. Alcohol or Drug Abuse Alcohol or drug abuse is typically a serious problem for someone with a CDL or someone trying to earn a CDL. The DOT and the Federal Motor Carrier Safety Administration maintain strict rules to make sure drivers are not operating commercial vehicles while also under the influence of alcohol, drugs, or any psychoactive substances. Having a criminal conviction for a DUI crime can often lead to being unable to get a CDL. Plus, a positive test result when tested for any unlawful substances during mandatory CDL testing can result in automatic disqualification. Driving History Having a clean driving record is a requirement for getting a CDL. Some traffic violations like reckless driving, speeding, hit-and-run accidents, and multiple moving violations can impact someone’s ability to get a CDL. The rationale is that a poor driving history can cause apprehension about the driver’s safety. Immigration Status Lawful immigration status is required in order to earn a CDL in the United States. The DOT regulations mandate legal documentation and a lawful work permit for the United States in order to get a CDL. Medical History All CDL candidates must pass a comprehensive medical examination in order to comply with the guidelines from the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration. As a result, some medical conditions might disqualify someone from getting their CDL based on the rationale that these conditions can impact both the safety and security of commercial vehicle drivers and other drivers on the roadways. Criminal History The CDL application requires providing information about a past criminal history, if any. A criminal offense can impact someone’s capability to earn a CDL. The nature of the criminal offense can impact someone’s ability to obtain a CDL, and even less serious offenses like misdemeanors can similarly result in someone’s disqualification. An experienced Florida attorney familiar with trucking regulations and CDL qualification requirements can help discuss the CDL regulations further. It’s important to consult a trusted local attorney if you’re concerned about your ability to qualify for a CDL.

Fort Lauderdale, FL Crime Rate – Latest Statistics

April 23, 2025

You may be curious about the Fort Lauderdale, FL, crime rate in 2024 if you are a resident, visitor, or potential newcomer. If you were hurt due to the behavior of someone else or another party’s criminal actions, you shouldn’t be responsible for the consequences. A skilled Fort Lauderdale criminal defense lawyer can help protect your rights and guide you through the legal process. Florida’s Crime Rate as a Whole Florida boasts a diverse population combined with cultural dynamics, which makes living in the state attractive. There is gorgeous weather and access to exciting activities. Yet, these same factors that draw people in also potentially influence the overall crime rate. With warmer temperatures, there can be an increase in criminal activity since residents are more likely to be outside. More people out and about in warm weather can sometimes increase the likelihood of criminal incidents. Fort Lauderdale’s 2024 Crime Rates With a population of about 184,709 people , Fort Lauderdale has some issues with crime, and assaults are among the most frequent types of crimes that occur in the area. Although many statistics for 2024 have not yet been tabulated, so far, the violent crime rate in the city per 10,000 residents is 34.8 , while the property crime rate is 222.9 per 10,000 residents. There are approximately 627 daily calls for service from the Fort Lauderdale Police Department. Additional information about Fort Lauderdale’s current crime rate can be found on the website for the Fort Lauderdale Police Department. In 2023, data from the Fort Lauderdale Police Department showed 780 instances of assault . Assaults were more common in the city as a result of a rise in local socioeconomic disparity. Incidents of Assault in Fort Lauderdale, Fl There are many different incidents of assault that may occur in Fort Lauderdale, contributing to the overall crime rate in the city, including: Physical altercations – fights involving punching, hitting, kicking, or pushing individuals. Domestic violence – assaults between families or intimate partners, which can include sexual, emotional, or physical abuse. Fights at bars – physical violence occurring between guests at bars, nightclubs, etc., that are sometimes fueled by alcohol. Assaults related to robberies – if force or the threat of force is used to steal one’s property or assaults occurring during a robbery, which is aggravated assault. Incidents involving road rage – fights between drivers on Florida roads involving physical violence, verbal threats, or hostile driving behavior. Hate crimes – crimes motivated by prejudice or bias against a particular characteristic of the victim, such as their religion, sexual orientation, ethnicity, or race. Simple assaults – physical harm or the threat of physical harm against someone with minimal sustained injuries and without a weapon being used. Assaults can happen in a variety of settings and manifest in various forms across Fort Lauderdale , Florida. Fort Lauderdale is rapidly growing, and just like anywhere else in Florida, there are certain parts of the city where assault incidents are potentially more likely to occur. Three Districts in Fort Lauderdale, FL The Fort Lauderdale Police Department (FTLPD) has divided the city into three distinct districts: District I – the north and eastern parts of Fort Lauderdale District II – the northwestern and central parts of the city District III – the southern part of the city The 2024 assault numbers have not yet been submitted; however, in 2023, assault numbers in each district were as follows: District I – 157 District II – 393 District III – 207 District II had the most incidents of assault, but the area also has a significant amount of commercial activity due to the airport. District III is mostly residential, which means the assault statistics in that area may be more related to domestic assaults and home robberies. District I had the lowest number of reported assaults, covering the coastal areas of Fort Lauderdale where it’s not a very busy atmosphere. Assaults can happen anywhere, but they’re more common in bars and nightclubs, shopping malls, grocery stores, parking areas, and recreational areas. It’s important to stay vigilant to keep yourself safe throughout the city. Recovering From a Crime in Fort Lauderdale, FL If you were injured because of someone’s negligence or intentional criminal act, you can file a civil claim to request compensation for damages, such as: Medical bills Costs for any damaged property Lost income Pain and suffering Emotional distress Potential punitive damages (in certain instances) Loss of companionship or enjoyment of life