Contact a Fort Myers DUI Attorney at 239-208-3562
Facing DUI charges in Fort Myers?
A Driving Under the Influence (DUI) arrest triggers two separate cases. The first is a criminal charge prosecuted by the State Attorney’s Office. The second is an administrative case initiated by the Department of Highway Safety and Motor Vehicles (DHSMV). The two cases are distinct and separate, but they will both carry individual license suspensions. When someone is charged with DUI the DHSMV will suspend their license and later, if they enter a plea to DUI or are convicted after trial, there will be a court-imposed revocation.
Should you hire a Fort Myers DUI Attorney?
DUI is one of the most commonly prosecuted crimes in Lee County Misdemeanor Court and because it carries with it very specific mandatory conditions of probation, it is advisable that you hire a Fort Myers DUI attorney to help defend your case. First, as stated above, two cases are initiated as soon as you are arrested for DUI. There are specific deadlines in each case that are important to preserve certain rights and benefits, the first of which expires just ten (10) days after the arrest. Having a qualified attorney to help you navigate through the administrative suspension imposed by the DHSMV will help you obtain a driver’s license during the pendency of your case. Once you’re issued a DUI citation and your license is taken from you, the DUI citation serves as your driver’s license for a period of ten days before the suspension takes effect (assuming your license was valid at the time of the arrest).
Because time is of the essence, having an attorney in Lee County who can help you is important. If the pending charges are in Lee County, there are general reasons why someone should consider hiring a local Lee County criminal defense lawyer. In addition to those reasons, there are specific reasons as they pertain to a DUI charge. For example, a Fort Myers DUI attorney will know how to assist you in obtaining a hardship permit at the local Bureau of Administrative Review, which can be utilized to drive throughout the administrative suspension period. By electing to waive an administrative hearing, you may be entitled to an automatic hardship license. Unfortunately, not everyone is eligible for a hardship license. For this reason, it is important to speak to a qualified DUI attorney.
Second, and most importantly, the criminal case carries substantial penalties. The State Attorney’s Office as well as the arresting law enforcement agency will be using all of their considerable resources to prosecute the case to the best of their ability. It is important to have an experienced attorney to review your case for potential defenses.
What are the penalties of a Fort Myers DUI conviction?
The possible penalties for a DUI 1st offense in Lee County are regulated by Florida Statutes. That means that the Florida Legislature has created specific minimum penalties which the State Attorney cannot deviate from. Using an experienced Fort Myers DUI attorney may benefit because although the State is unable to reduce the penalties to less than the statutory amount, it is within their power to amend the charge to a lesser crime.
Someone who enters into a plea for DUI 1st Offense can expect the following range of sentences, based of course on the facts, circumstances, and evidence in your case.
- Lee County Jail between 0 and 180 days
- Lee County Probation between 6 and 12 months
- Monetary fine between $500 and $1,000
- License revocation between 6 months and 12 months
- Fifty hours of community service (sometimes can be converted to $500 fine)
- DUI School
- No Possession or Consumption of Drugs or Alcohol/Random Screening
- Lee Memorial Trauma Course or Victim Impact Panel
- Ten Day Vehicle Impoundment
What if I blew above “.15” on the Breathalyzer?
The above penalties are for those who either refused a breathalyzer or who blew under a .15. For those that are charged with DUI .15 or higher, the penalties above are more severe, specifically the fine amount is increased, the maximum jail can go up, and an ignition interlock device will be required for at least 6 months.
What does the State Attorney have to prove in order to convict me of DUI?
The State must prove the following two elements beyond a reasonable doubt, in order to convict someone of DUI.
- You were driving or in actual physical control of a vehicle, and
- While driving or in actual physical control, you were under the influence of drugs or alcohol to the extent your normal faculties were impaired, or
- You had a breath or blood alcohol content of .08 or higher
What if I blew below .08 but was still arrested?
Although you might have blown under a .08, the State may still bring charges depending on a number of factors that a qualified attorney would identify. If you carefully read element number two above, the State can still prove DUI without a breath sample (or with one below .08) if they can prove that your normal faculties were impaired at the time you were driving.
If I blew above a .08 should I even bother hiring an attorney?
Yes! As you’ve always heard, everyone is innocent until proven guilty! The State carries the burden to prove your guilt. By submitting a breath sample above a .08 you’ve given them a piece of evidence, but it is not the only evidence. You may have other defenses, for example if the officer stopped you without a valid reason or if the breath test was done incorrectly. These are all issues that a qualified attorney is trained to identify and can expose the weaknesses of the case to negotiate the best resolution possible with the State Attorney.
How can I be charged with DUI if I blew .000?
If your breath result was .000 but the police suspect you’re under the influence of drugs, they can still proceed to trial under a theory of impairment by a controlled substance. However, it’s important that a) they have a urine sample and b) that in that urine sample they find a drug that is controlled under Florida Statutes. There are many drugs, such as Ambien, that although could affect your driving are not controlled in Florida. Further, law enforcement will need to call a Drug Recognition Expert to testify at trial that they evaluated you after the arrest and that they believe you are under the influence of a specific controlled substance. That evaluation must result in the DRE calling the same category of drug as what is found in your urine.
Contact a Fort Myers DUI Attorney
If you’ve been arrested in Lee County for DUI and would like to make an appointment to have a free consultation with a Fort Myers DUI attorney, please call 239-208-3562. The Law Office of Verderamo & Escobar is located in Downtown Fort Myers at 1415 Dean St.#104 Fort Myers, FL 33901. The office is walking distance from the Lee County Justice Complex Center in Fort Myers.