Fort Myers DUI Defense Lawyers
Drunk driving is a serious problem, no doubt, but in their zeal to crack down on drunk drivers, law enforcement officers and prosecutors sometimes go too far in arresting people who probably shouldn’t be charged. Florida police make tens of thousands of DUI arrests every year, but prosecutors only secure convictions about 60% of the time. These statistics show that the chances of being convicted of DUI are higher than being acquitted, but they also show that with the right representation, it’s possible to avoid a DUI conviction and the serious adverse consequences that come along with it.
At Foley & Wilson Law Firm, our comprehensive Florida criminal defense law practice includes a keen focus on DUI cases. Our esteemed legal team, equipped with over 45 years of experience as former prosecutors and battle-tested defense attorneys, offers unparalleled insight into the Florida criminal justice system. We approach each case with a unique blend of professionalism, skill, and a deep respect for the dignity of our clients. Navigating the complexities of DUI allegations in Florida requires a skilled and strategic legal approach, and Foley & Wilson Law Firm is committed to providing the highest level of representation to those facing such serious charges. Contact our experienced Fort Myers DUI defense lawyers today.
Overview of Florida DUI Laws: Elements of the Offense, Penalties for Conviction, and Possible Defenses
Florida’s approach to DUI (Driving Under the Influence) is detailed in sections 316.193 through 316.1939 of the Florida Statutes. These laws establish the framework for what constitutes a DUI offense, the necessary elements for conviction, the penalties involved, and the defenses available. Understanding these aspects is crucial for anyone facing DUI allegations in Florida.
To secure a DUI conviction in Florida, the prosecution must prove specific elements, as outlined in Florida Statute 316.193. These include:
- Driving or Physical Control of a Vehicle: The individual must be driving or in actual physical control of a vehicle.
- Impairment of Normal Faculties or Unlawful Blood Alcohol or Breath Alcohol Level: The individual must be under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that their normal faculties are impaired, or have a blood alcohol level of 0.08 or higher.
The penalties for a DUI conviction in Florida vary based on the severity of the offense and any prior DUI history. They can include:
- Fines: Ranging from $500 to $5,000 or more, depending on the offense.
- Imprisonment: Potential jail time, which can increase with subsequent offenses or if aggravating factors are present.
- License Suspension: Mandatory suspension of the driver’s license, with the duration depending on the number of prior offenses.
- Vehicle Impoundment or Immobilization: This penalty is typically mandatory unless the court finds it unnecessary.
- Community Service: First-time offenders are usually required to complete a minimum number of community service hours.
It’s a fact that not every DUI arrest is meritorious, but the effects can be severe nevertheless. Fortunately, several defenses can be utilized in DUI cases, depending on the specifics of each situation. Some of these include:
- Challenging the Traffic Stop: Arguing that the initial traffic stop was unlawful.
- Disputing Field Sobriety Tests: Contesting the accuracy or administration of field sobriety tests.
- Questioning Breathalyzer or Blood Test Results: Challenging the calibration, maintenance, or operation of testing devices, or the procedures used in blood testing.
- Raising Constitutional Violations: Highlighting any violations of constitutional rights during the arrest or evidence-gathering process.
Why Choose Foley & Wilson Law Firm for Your Fort Myers DUI Defense?
When you choose Foley & Wilson Law Firm for your DUI defense in Fort Myers, you’re not just hiring a lawyer; you’re gaining a dedicated advocate. Our legal team’s former prosecutorial experience provides us with a unique perspective on the Florida criminal justice system, allowing us to anticipate and counteract prosecution strategies effectively. We are committed to treating each client with the utmost respect and dignity, understanding the stress and uncertainty that come with DUI allegations.
Help Is Available When Facing DUI Charges in Fort Myers
With our comprehensive knowledge of Florida DUI laws and a commitment to professional, skilled representation, Foley & Wilson Law Firm is your trusted partner in navigating the complexities of DUI defense. Contact us today for a free consultation and let us help you understand your rights and the best course of action in your case.
