Frequently Asked Question
Do I Need a Lawyer?
You are not required to have an attorney represent you if you have been charged with a crime in Florida. However, if you are facing Florida DUI charges, it is definitely in your best interests to have an experienced Fort Lauderdale DUI lawyer on your side. At the Law Office of Lloyd H. Golburgh, P.A., we are dedicated to providing each client with excellent service and the best possible defense. We know it can be very difficult to face DUI charges alone. That is why we work tirelessly to defend and support each and every client.
Am I Required to Talk to The Police if I Have Been Arrested for Drunk Driving?
You do have the right to remain silent. It is true that anything you say can and will be held against you when you go to court. You may feel the urge to explain your side of the story in the hopes that police officers will see their error. Police officers hear claims of innocence all day long. They will not believe you. Be polite, but be quiet. Then, call me as soon as possible in order to begin your defense.
What Does BAC and BRAC Stand For?
BAC stands for blood alcohol concentration. BRAC stands for breath alcohol concentration. When you have been pulled over for suspicion of DUI, the officer will ask you to take a breath test. Though they can be inaccurate, breath tests are designed to show the amount of alcohol that is in your bloodstream. Breath tests require precision, training, calibration and certain environmental conditions to be accurate. The lawyers at Lloyd H. Golburgh, P.A. know what to look for when investigating your breath test results.
How Does a Breath Test Work?
Law enforcement agencies use the Intoxilyzer 8000 and, now the 9000, to determine BRAC. You should have been asked to take out any removable dental work and to rinse your mouth with fresh water. The police officer or breath technician should have observed you continuously for twenty full minutes prior to giving you the breath test to ensure that you did not ingest anything by mouth, regurgitate or burp up alcohol from your stomach into your mouth. If this was not done, your result may be inaccurate. The Intoxilyzer requires that you blow at least 1.1 liters of breath into it in order to give an accurate result. If you did not blow that much lung air into the Intoxilyzer, your result may not be accurate. If you are an insulin-dependent diabetic, the Intoxilyzer could mistake a natural over-production of lung acetone for lung alcohol (an officer could too, because a diabetic may smell like he or she’s been drinking but have had no alcohol at all). Finally, the Intoxilyzer is set for an average male’s lung capacity and doesn’t consider individual differences in each unique person.
What Is the DHSMV Hearing? Do I Need One?
After you have been arrested for DUI, you have ten days to schedule a hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) at which you can contest the suspension of your license (which was imposed the moment you either blew over the legal limit or refused to take the breath and/or urine test). This hearing has nothing to do with your criminal charges. It is solely an opportunity to try to convince the DMV to give you your license back. We at Lloyd H. Golburgh, P.A. will fight for your right to drive at this hearing. With the help of our Fort Lauderdale DUI lawyers, your chances of being able to keep your license greatly increase. You also have the option of foregoing the formal review hearing and accepting a hardship permit immediately. Although you’ll have the ‘refusal’ or the ‘driving with an unlawful breath-alcohol level’ allegation on your record, you can get a permit immediately and never be without the right to drive.