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Criminal Defense
Former prosecutor got your back - Don’t go it alone.
If You Cannot Come to Us, We Will Come to You. Our focus in criminal defense extends to such areas as Felony, Misdemeanor, DUI, Traffic Criminals, Traffic Infractions, Traffic Fatalities, Drug Crimes, Property Crimes, Violent Crimes, Probation violations, and even Federal charges.
Get in touch for a free, confidential case evaluation today.
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Impaired Driving
Impaired Driving & DUI Lawyers in Broward County
You are not alone if you have been charged with DUI in Broward County. There is no denying that getting arrested for DUI can be life-changing. Even if you can avoid physical injury to your person or another or damage to property, DUI can negatively impact your insurance, your driving license, your career, etc. Apart from the dangers involved in driving while drunk, the economic cost of DUI is also very high; according to National Highway Traffic Safety Administration, a first-time DUI offense can cost the driver upwards of $10,000, which covers attorney’s fees, fines, court costs, lost time at work, higher insurance rates, car towing, car rentals, suspension of your license and more, etc.
Don’t drink and drive - call a taxi, a ride-hailing service, or a sober friend- because it is cheaper to pay for uber/lift now than to pay for a lawyer later. Before you get behind the wheel after having a few drinks or a controlled substance, beware that every day, about 28 people in the United States die in drunk-driving crashes — that's one person every 52 minutes. According to the National Highway Traffic Safety Administration, in 2019, there were 1,775 people killed in alcohol-related crashes where a driver had a BAC of .01 to .07 g/dL. The truth is alcohol in your system starts to have an effect at .02 g/dl. If you found this message too late and you have already been arrested for DUI- Don’t Go It Alone – Call Olowu Law, P.A., Just because you have been charged does not mean you will be found guilty.
What is DUI in Florida?
DUI is an abbreviation for "driving under the influence. A DUI, or Driving Under the Influence in Florida, is the offense of operating a vehicle after ingesting an intoxicating substance. These intoxicating substances include alcohol, drugs, harmful chemicals, or controlled substances that may interfere with the user's mental, auditory, and visual abilities.
What is the Best Way to Avoid Getting a DUI?
At Olowu Law, P.A., we encourage our clients to anticipate their driving needs in advance so they do not again find themselves drinking or ingesting drugs and driving under the influence. Call a taxi or a ride-sharing service- I can guarantee you that paying for a lawyer is more expensive than hailing a ride-sharing service.
How Likely Is Jail Time After A First DUI In Florida?
In Florida, the first DUI offense is a second-degree misdemeanor which carries a maximum sentence of up to six (6) months in jail; however, sentencing is at the Court's and State’s discretion. Fines and probation are more common penalties for first DUIs, but the Court's ruling will depend on the severity of the offense. Jail time is more likely if the offense includes aggravating factors. Don’t Go It Alone- call Olowu Law, P.A., to schedule a 100% Free Consultation and discover how we can help you today. We are available 24/7, and If You Cannot Come to Us, We Will Come to You.
Although You Are Presumed Innocent, the police believe you are guilty. Now, the State will use all the resources at its disposal to prosecute you to the full extent of the law. Criminal charges, no matter how minor, can be life-altering, scary, and stressful. You may be worried about spending time in jail, losing personal relationships, your career, or damage to your reputation, etc., but with Olowu Law, P.A., on your side, You Don’t have to Go It Alone. When you retain our services, you will be getting a reliable, confident team who will work carefully to fully understand your case and come up with a strategy to help you regain control of your life.
At Olowu Law, P.A., we take great pride in making sure that all our cases are fought with precision and client involvement. Whether you've been accused of County, State, or Federal crime, we are here to help you level the playing field and educate you on your rights and how to defend and retain them.
We understand that one of the biggest mistakes people make is to face the State alone, whether you are under investigation or have been arrested for a crime - Don’t Go It Alone- call Olowu Law, P.A., to schedule a 100% Free Consultation and discover how we can help you today. We are available 24/7, and If You Cannot Come to Us, We Will Come to You.
May I Refuse To Take A Breath, Blood, Or Urine Test If Requested to Submit To One By A Law Enforcement Office?
In Florida- driving on the public roadway is a privilege, NOT a right, and by accepting that privilege, you are deemed to have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining the alcoholic content of your blood, and to a urine test for the purposes of detecting the presence of drugs- (see the inscription on your driver's license).
You may refuse the test, but that comes with its own set of consequences. The law permits the Department of Highway Safety and Motor Vehicles to suspend your driving privilege for a period of one (1) year for a first refusal and the refusal to submit to a chemical or physical breath test, or to a urine test, upon the request of a law enforcement officer. Furthermore, your refusal is admissible in any criminal proceeding against you (Consciousness of Guilt).
Penalty/Punishment For DUI
The first DUI offense is a second-degree misdemeanor in Florida but carries standardized DUI penalties that are more severe than a traditional second-degree misdemeanor. If convicted for first DUI offense in Florida, the standard DUI Penalties are:
Up to 6 months in jail or
Up to 12 months of reporting probation.
Minimum of 6 months driver's license revocation, but up to twelve (12) months.
Minimum fine of $500, but no more than $1,000.
10 days impoundment or immobilization of the vehicle used in the DUI.
50 hours of community service.
Completion of a 12-hour DUI substance abuse course.
Common Defenses To DUI Offense
Illegal traffic stop:
The law is very clear that a law enforcement officer may only stop a vehicle for one of two reasons: If the officer has a reasonable suspicion that the driver is committing a traffic infraction or if the officer has probable cause that the driver committed a crime. If the stop is illegal, then evidence collected in the arrest can be suppressed with the help of a gifted lawyer.
Improper field sobriety exercise:
In most DUI cases, police will administer field sobriety exercises before arresting the driver. The purpose of these exercises is to assist the police in determining whether a person is impaired. While everyone knows that the exercise is designed to make a person fail, there are several avenues to challenging the officer’s testimony about this exercise: (1) Is the officer familiar with the driver’s true balance and coordination (2) does the driver have any physical disabilities or injuries, such as a bad back or bad knees, which affect the driver’s ability to perform the exercise thereby making them unreliable and inadmissible. (3) Is the officer qualified to perform the specific field sobriety exercises? Some field sobriety exercises, such as the HGN (pen test), may only be relied upon when conducted by certified alcohol recognition experts. Were all of the tests deemed reliable by the courts. Some tests, such as the reverse alphabet test, are not admissible in court.
Insufficient probable cause:
In order to arrest a driver for DUI, an officer must have probable cause to believe that a driver was under the influence of alcoholic beverages or controlled substances to the extent that the driver’s normal faculties were impaired. If it can be shown that the officer’s probable cause conclusion was based on insufficient evidence or an unreasonable conclusion, then the driver’s arrest will be deemed illegal, and any subsequent evidence will be suppressed, resulting in the prosecutor dismissing the DUI.
Inadmissible breath results:
The Breathalyzer machines used by law enforcement are tightly regulated and subject to strict maintenance requirements in order to be deemed admissible. Additionally, the testing must be done in a very specific, standardized manner. The failure to either properly maintain the machines or to conduct the tests in accordance with required procedures can result in the breath alcohol results being ruled inadmissible, no matter how high the breath alcohol results were.
Necessity:
This defense is applicable in an emergency situation where the defendant has no other option but to drive, e.g., taking someone to the hospital or trying to get police attention.
Duress:
This applies where you were forced to get behind the wheel – meaning your decision to get behind the driver’s seat was not voluntary.
Lack of wheel witness:
This is applicable when the State/Prosecutor cannot show or prove that you were behind the wheel of the vehicle or where they have no testimony that you were the driver.
Inoperable vehicle:
This applies in situations where the vehicle is inoperable due to mechanical issues or where you are not in possession of the keys to the vehicle.
Mistaken facts:
This is where there is conflict as to the facts of the case.
Involuntary intoxication:
Involuntary intoxication means that you did not ingest alcohol or drugs of your own free will. This can come up in situations where someone slipped something inside your drink without your knowledge.
At Olowu Law, P.A., we will be able to provide you with more information about your options and can help you fight your criminal charges. We have more information on our Criminal Law Blog on the different degrees, penalties, and defenses to DUI in Florida.
Drug Offense
Drug Lawyer In Broward County
When you are facing a drug charge- Don’t Go It Alone - drug charges have serious, life-altering, and financial sequences such as loss of career, loss of education, harsh prison sentences, and loss of housing for immigrants, which could affect their immigration status.
There are countless drugs, both illegal and prescription drugs, out on the street and in circulation. Drug charges are prosecuted based on their classification, quantity, and potential for abuse. At Olowu Law, P.A., we have vast experience handling drug crimes, so if you are facing a drug-related charge, give us a call- Don’t Go It Alone.
For a more detailed breakdown of the kind of drug crimes we handle, their penalties, and common defenses, see our Criminal Law Blog. Be advised this is not an exhaustive list, and it does not take the place of speaking to an attorney- Give us a call to discuss your unique circumstance.
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Drug Possession
A person can be charged with drug possession if they have possession, custody, or control over the drug. To prove the crime of drug Possession, the State/Prosecutor must prove the following two elements beyond a reasonable doubt: (1) Defendant possessed a substance, and (2) The substance was what the state alleged he possessed (the illegal drug).
What Are Drug Charges
Drug charges are those offenses that arise from an interaction with an illicit drug or substance. For specific drug charges, their penalties, and common defenses, see our Criminal Law Blog.
Penalties for Drug Charges
Because of the broad range of offenses classified as “drug offenses,” Punishments after conviction are diverse. In serious cases, drug charges will always result in a jail sentence, especially when there is a mandatory minimum sentence for that drug or quantity possessed.
However, in less serious cases, such as simple possession, a conviction will usually not result in a jail sentence, provided there are no aggravating circumstances and you have a relatively clean criminal record.
In addition to the probation or prison penalties resulting from a conviction for drug offenses, it can negatively impact your future as well. Your license may be suspended, you may be levied a fine, and may even be required to attend drug treatment programs.
At Olowu Law, P.A., we work hard to defend you so that you are not saddled with the consequences that stem from a criminal conviction for a drug offense. We may even be able to help avoid a conviction by enrolling you in a diversion program, depending on your circumstance. To learn more about potential non-criminal resolutions, please contact us today.
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Drug Trafficking
A person can be charged with trafficking a drug if he/she knowingly sells, possesses, purchases, manufactures, or delivers drugs over a certain quantity/weight.
The Two Main Types of Drug Charges
Common Defenses to Drug Charges
Constructive possession:
If the drug was found in a place where more than one person had access. The State/Prosecutor is required to prove knowledge and control over the drug.
Illegal search and seizure:
This defense can be raised where police exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they coerce a person into agreeing to a search, or if police obtained a search warrant in bad faith or arrested someone without probable cause.
Lack of knowledge:
It is an affirmative defense in drug crimes if you can prove that you did not know the substance in your possession was a drug. Importantly, this defense requires you to testify to your lack of knowledge of the substance’s illegal nature.
Legal disposal defense:
It is an affirmative defense in drug crimes for a person to briefly possess drugs to legally dispose of them.
Overdose defense:
A person who is experiencing a drug-related overdose that needs medical assistance, or a person assisting the person that needs medical assistance, is immune from prosecution for drug possession if it can be shown the evidence was obtained as a result of the overdose and the need for medical assistance.
Temporary possession:
The defense of temporary possession can be raised where a person takes fleeting, temporary, or transitory possession of drugs from the true owner.
Entrapment:
Entrapment occurs when an undercover police or confidential informant induces a person to commit a criminal offense that the person would otherwise not have committed.
Insufficient evidence:
The State/Prosecutor can only prove you possessed drugs by showing actual possession or constructive possession. The Prosecutor has to show the drug was found on your person or under your control.
Untested drug:
The State must test the substance to make sure it is what they claim it is; without a chemist test result, they cannot prove their claim.