All DUI convictions are seen as very serious offenses under Florida law, but this is especially the case if you are charged with a felony DUI.
A DUI offense, like all offenses, will stay on your driving record for 75 years. For many people, this could very likely be the rest of their life, and it will be on your criminal record forever. Because of the permanence of the conviction on your record, you won’t only face fines, probation, license suspension, and jail time as a result of committing the offense, but also long term consequences. These may include difficulty in securing future employment, loans, and housing, to name just a few.
As the stakes are so undeniably high when fighting a DUI charge, it is crucial that you contact The Law Place if you have been charged with DUI in Fort Myers or elsewhere in Florida. One of our skilled and experienced criminal defense attorneys will be able to explore all of the options available to you, including different angles and strategies that would work best to defend you in court. They would also set up an in-depth investigation into the details and circumstances surrounding your charge to find any factors that could help reduce or dismiss your charges.
Our criminal defense lawyers are some of the best in the business. We have a vast amount of knowledge of the Florida legal system and experience of dealing with cases just like yours, so you’ll feel safe knowing your case is in the best possible hands. We also offer a free consultation with a criminal defense attorney, where they’ll go through the specifics of the case with you and offer you sound legal advice tailored to your specific situation.
So, don’t hesitate; call The Law Place now at (941) 444-4444.
What Is a DUI?
This may surprise you, but drinking and driving is not actually a crime in Florida. However, what is illegal is driving after you have reached a certain point of impairment caused by drugs or alcohol. This is known as driving under the influence or a DUI.
Under state law, you will be considered to have been driving under the influence, and therefore breaking the law, when your blood alcohol content (BAC) or breath alcohol content is 0.08% or above. This is because it’s determined that at this point, you are a danger to others on the road if you drive.
Alcohol and drug consumption make you a danger on the road as the substances:
- Slow your reaction times.
- Reduce your coordination.
- Reduce your concentration.
- Inhibit your judgment.
- Impair your vision.
If you or a loved one has been charged with driving under the influence in Fort Myers, then you should contact The Law Place. You will be able to schedule a free consultation with one of our Fort Myers DUI lawyers and will be able to receive professional advice based on the specifics of your case.
What Makes a DUI a Felony in Fort Myers, Florida?
A DUI is not automatically a felony. Usually, first and second offense DUIs are classified as misdemeanor offenses. However, this changes with third and fourth offenses. Under Florida Statute 316.193, a third DUI within 10 years of a previous DUI conviction, a fourth DUI, and any subsequent DUIs become felony charges in the third degree.
Although it’s uncommon, your first or second DUI may be upgraded to felony charges. This usually only happens if your DUI resulted in bodily injury or an extensive amount of property damage.
If you are being charged with a felony DUI, then you need to enlist the help of a skilled criminal defense attorney. Felonies are more serious offenses and so carry harsher penalties, which makes it even more important that you make use of all of the help on offer to you. So, if you’re facing felony DUI charges in Fort Myers, you should contact The Law Place immediately to schedule a free consultation.
DUI Laws for Minors in Fort Myers, FL.
In Florida, the laws are extremely strict when it comes to the underage possession of alcohol and underage driving under the influence. A minor in Florida law is classed as someone who is under 21 years old, and the DUI laws are different for them due to Florida’s zero-tolerance policy.
For minors in Florida, it is against the law to operate a vehicle if you have a blood alcohol content of 0.02% or above, which is a very small threshold, the equivalent of a single drink. This zero-tolerance policy means that if you are a minor facing a DUI, you will automatically receive a driver’s license suspension for up to six months. This will increase to a year if the minor receives a second DUI conviction.
What Penalties Do I Face for a Felony DUI in Fort Myers, Florida?
As is the case for all different types of criminal and civil offenses, the penalties you may receive if you are convicted of DUI depends entirely on the specifics of your particular case. However, in Fort Myers, there are some basic guidelines that the courts will follow. These are stated below but can be found in greater detail in Florida Statute 316.193.
- Fines – Fines can vary to a large extent. If you are being charged with a felony DUI, then you will likely be facing a $2,000-$5,000 fine. Your fine is dependent on the circumstances of your case, any priors you may have, and the quality of your criminal defense attorney.
- Jail time – If you are convicted of a felony DUI, you will most likely be sentenced to a jail sentence. This sentence can range from 30 days to 5 years.
- License suspension – For a third DUI offense, you should expect to face a minimum of a 10-year license suspension, but you may be eligible to apply for a hardship license after two years. However, if this is your fourth offense, your license will be revoked permanently, and you will not be able to apply for a hardship reinstatement ever.
- Ignition interlock system – For a felony DUI, you will have to use an ignition interlock system in your vehicle for a minimum of two years.
- Community service – You could be sentenced to community service. The length of this community service, if you are sentenced to it at all, is up to the discretion of the judge.
- Vehicle immobilization – For a felony DUI, you should expect that your vehicle will be impounded or immobilized for 90 days.
- DUI school – Defendants convicted of felony DUI are automatically enrolled in a level two class. This DUI program is 21 hours long, and you would be expected to complete it.
Without a Fort Myers DUI attorney fighting your case on your behalf, you risk being convicted and sentenced to the harshest penalties possible. Therefore, you should contact The Law Place immediately. Our criminal defense lawyers will fight relentlessly in your corner, aiming to get your case dismissed or reduced. If this is impossible, we will, at the very least, ensure that you receive only the most lenient penalties possible.
So, don’t risk it; if you’ve been arrested for felony DUI in Fort Myers, you should call The Law Place now and book a free consultation with a well-equipped and highly qualified criminal defense attorney. They will be able to discuss your options with you and advise you on what you can realistically expect from your case.
Don’t wait to get help; contact our Fort Myers DUI team today.
Can a Defense Lawyer Get My DUI Dismissed in Fort Myers, FL?
In the face of a felony DUI charge in Fort Myers, you need a strong DUI defense. The Law Place has plenty of experience in defending DUI cases and is more than equipped to fight for your rights. One of the most successful strategies that a criminal defense lawyer from The Law Place would use is to take the evidence against you and turn it round in your favor by challenging the legitimacy of the evidence. A skillful lawyer would also be able to confront:
- Process of arrest– If the police officer did not have a reasonable explanation for pulling you over, then this is classed as illegal under Florida law. If this was the case for you, then because of the suspicious circumstances of the stop, your attorney could argue that the evidence being used against you is inadmissible.
- Recorded observations – In the State of Florida, it’s mandatory for a police officer to take official notes when they have made a traffic stop. An experienced lawyer may be able to argue that the officer’s notes were invalid or false.
- Chemical alcohol tests– Breathalyzers and blood tests must be administered with verbal consent.
- Field sobriety tests– These tests are required to be performed in Fort Myers, Florida. However, the accuracy of them can often be debated, as there are many external factors that can come into play and affect the result.
Contact The Law Place Today!
It is important to understand that a Fort Myers DUI charge can lead to severe consequences that can affect you for the rest of your life. Because of the gravity of the situation, you should contact a criminal defense law firm as soon as possible. This is especially true if you have been charged with a felony DUI, as the sentence and long-term consequences that you face will be even more severe.
Here at The Law Place, our Fort Myers DUI lawyers will fight tirelessly on your behalf to ensure that your case ends with a reasonable outcome. Our attorneys have over 75 years of combined experience in dealing with the Florida legal system. We have seen almost every kind of Fort Myers DUI case and are well-equipped at handling them efficiently and effectively. Our lawyers’ knowledge and experience mean that they will be able to build strong defenses to ensure that you have the best chance at a positive result.
We know the stress you must be experiencing right now but rest assured that our criminal defense lawyers are determined to get your case dismissed or your charges reduced as much as possible. The result of our work is completely dependent on the specifics surrounding your case, so contact The Law Place now for a free consultation. Our attorneys will go through the details with you and tell you what we will be able to do for your case in and out of court.
Our phone lines are open all day every day, so call us now at (941) 444-4444.