After the first conviction for a DUI, the penalties only get stiffer. If you're charged with any kind of drunk driving offense in Florida, it is essential to get help from an experienced Fort Lauderdale intoxicated driving criminal defense attorney as quickly as possible.

When making a traffic stop on suspicion of DUI in Florida, the police look for certain signs. That includes the driver's speed, ability to stay within the traffic lanes, turn signals or anything else allowing officers to pull you over. Once they stop you, they are looking and smelling for signs of alcohol intoxication. The officer will look at your eyes to see if they are red or bloodshot. They are also looking to see if you (or your vehicle) smell like alcohol or narcotics. Finding one or more of these signs will lead to officer to investigate further, which often means field sobriety tests.

Under Florida law, you automatically consent to lawful field sobriety tests by driving on a roadway in our state. Failure to comply and submit to the lawful request will result in an immediate suspension of your driving privileges, for a minimum of 6 months. You will also be charged with a misdemeanor.

Field sobriety tests, or roadside exercises, may include any of the following tests:

• Horizontal gaze nystagmus (eye test -- follow the finger)
• Walk the line, AKA walk and turn
• One-legged stand
• Finger to nose

Based on the results, the police may ask you to submit to further testing. The additional tests may include any of the following:

• Breath Test -- you would be required to blow into an intoxilyzer (breathalyzer) machine, which will read your blood-alcohol level and allow the police to decide whether you are above the legal limit.
• Urine Test -- you would be required to give a urine specimen in order for the police to determine whether you are above the legal limit. This is usually used when the police suspect that the driver is intoxicated with a narcotic.
• Blood Test -- you would be required to give a blood sample in order for the police to determine if you are above the legal limit. This usually used when the police suspect that the driver has used drugs, or when you are too intoxicated to provide one of the two above methods. This test is also used when a driver is involved in an accident involving injury to others. The court may order a blood sample taken, usually involuntarily.

If police decide you were driving while intoxicated, they can and usually do suspend your driver's license in addition to charging you with DUI. You are entitled to challenge this, but you have only ten days to file for a hearing with the DMV. You can and should have a Miami drunk driving criminal defense lawyer present at this hearing, which should happen within 30 days of your filing. At the hearing, an officer will decide whether there is a basis for the suspension supported by a preponderance of the evidence, and then notify the driver. This decision may be appealed to a higher court. The outcome of this case has no effect whatsoever on your criminal DUI case.

During this time, you may be able to get a hardship license that lets you continue to drive for work purposes, both while you wait for trial and possibly throughout the entire ordeal. Additionally, a South Florida driving under the influence criminal defense attorney may appeal the suspension to the DMV, which would have no direct effect on any criminal charges pending.

David S. Seltzer is an experienced Miami DUI criminal defense lawyer representing drunk driving clients throughout South Florida. Don't delay; let an experienced former prosecutor help protect your good name and reputation. I offer free, confidential consultations 24 hours a day and seven days a week to all potential clients. Call today or contact me online for a FREE, CONFIDENTIAL CONSULTATION.

For more information, see Florida Statute 316.193: Driving under the influence; penalties.