Here at The Law Place, we have seen great success in dealing with cases involving someone being charged with driving under the influence (DUI). Depending on the case, we have either been able to reduce the charges or even had them dropped altogether. Most people do not see the point in hiring an attorney for their DUI case and simply throw in the towel. Hiring a law firm with a strong reputation could make a drastic difference in your case. We will work around the clock to ensure your criminal record is kept intact, and you do not lose your driving license.
A DUI under Florida law is regarded as a misdemeanor. Being convicted of a DUI is similar to a life sentence as it will remain on your motor vehicle record for up to 75 years. Also, in the State of Florida, you are not given the opportunity to erase a DUI conviction. The Florida Department of Law Enforcement has put in place legislation that stipulates that if you have been convicted of a DUI in Florida, it will stay on your record as a criminal offense for your entire life.
In the fortunate circumstance where a lawyer has managed to reduce your sentence or have it changed to a charge for reckless driving; instead, you may be able to file for your records to be amended. This is only possible if you do not have any other previous charges on your driving record or any other criminal offenses. This does not only account for criminal offenses within Florida but also elsewhere. This means that if you have a criminal record at all and were found guilty, you will not be able to amend or erase your driving record within the State of Florida, even if your charges have been dropped from a DUI to a reckless driving charge.
A DUI will also have knock effects as it will result in your driving insurance increasing. You will also be required to obtain special insurance called FR44 or ‘high risk’ insurance. This is required to be held alongside your current car insurance for a time frame of 36 months. Further information can be found on the Florida Department of Highway Safety and Motor Vehicles website. This is not a cheap fee, and it is mandatory to pay it in advance. As a result, a DUI can incur many hefty fees along with having a criminal record.
Following a Fort Myers DUI conviction, we highly recommend that you seek legal advice from a knowledgeable lawyer within the state of Florida. Especially if you believe that the charges are not fair, leaving too much time in between will result in memories fading and potential evidence being lost. Do not hesitate to contact a criminal defense lawyer for a free consultation on (941) 444-4444 today.
Driving Under the Influence Administration Penalties in Fort Myers
In Fort Myers, Florida, and across the entire nation, it is illegal to drive any motor vehicle if you are driving under the influence or driving while intoxicated (DUI/ DWI). You can be convicted of a DUI if your blood alcohol levels are 0.08% or above. This can change depending on the situation. Commercial drivers can be convicted for levels at 0.04%, and for underage drivers, it is 0.02%. This is the equivalent of drinking a single alcoholic beverage.
In Fort Myers, under Florida Statute 316.193, it is a criminal offense to be caught with a blood alcohol level of 0.08% and more, as it impairs judgment and capability of being able to drive.
If this is the first time you have been charged for such an offense or you believe that the charges are unfair, then contact a Fort Myers, criminal defense lawyer for a free consultation. They will be able to provide information on how to proceed.
Common Penalties for a First DUI Offense in Fort Myers
Consequences of a first time DUI offense are as below:
- You can be fined between $500 to $2,000.
- The fines can increase from $2,000 to $4,000 if you are caught with a minor in the vehicle or if the alcohol blood level was at 0.15% or above.
- From the date you are convicted, you can have your license revoked for 180 days or up to a year, depending on the circumstance of the case.
- You will be required to carry out a mandatory 50 hours of community service. If for some reason, you cannot attend, you will be required to pay an additional fine of $10 per hour of community service.
- If it is the first conviction, then trial and imprisonment cannot be more than 12 months.
It is at the court’s discretion whether you will face imprisonment following a first conviction. This is all dependent on the circumstances of your arrest. Not all sentences have to be carried out in a generic prison. Some can be served in a residential program for alcohol and drug abuse.
With a first conviction, imprisonment will not be more than six months unless the driver’s blood alcohol content (BAC) comes back at 0.15% or higher. Although, if there was a minor in the car at the time of arrest, then imprisonment can increase up to nine months, no more.
If the driver has another car that the family can use, then the car they were apprehended in can be impounded for ten days. However, the impoundment of the vehicle cannot be in conjunction with imprisonment.
Following an arrest for a Fort Myers DUI, you cannot be released until eight hours have passed from your arrest, your blood alcohol levels are below 0.05%, and your judgment is no longer impaired.
We’re here to serve you. Our phones are open 24 hours a day. Will I Get an Ignition Interlock Device Fitted?
Depending on the case, some DUI offenders will be asked to have an ignition interlock device installed in their car, even if this is a first-time conviction, as an order from the court. This usually happens if a minor was in the vehicle at the time of the arrest or if the driver’s BAC was 0.15% or above. The ignition interlock device will have to remain in the car for a minimum of six months.
The ignition interlock program can only be installed for those that are eligible, depending on the case and court ruling. This is usually the case for those that have been given a restricted license because their job requires them to drive.
There are further costs that come with having an ignition interlock device installed, which include the following:
- Basic interlock fee of $12.
- An installation fee of $75.
- A calibration and monitoring fee of $72.50 a month.
- The choice of paying a $100 refundable deposit or an additional insurance charge of $5 a month.
For more information and to find out whether you may be eligible to have a device fitted, we advise you to seek counsel from a criminal defense lawyer in Fort Myers.
We’re Florida’s top litigation team with over 75 years of combined experience The Law Place
If you or someone you know has been convicted for a DUI in Fort Myers, FL., then we advise you to seek advice from a criminal defense lawyer. A Fort Myers DUI criminal defense lawyer will be able to provide information on how to proceed. In some cases, the charges could be dropped or reduced. Do not hesitate to call us today for further information and a free consultation on (941) 444-4444.
