Aiken & O'Halloran, Criminal Defense

Call For A Free Consultation
239-955-6715

Aiken & O'Halloran, Criminal Defense
Email
CALL

Proven Winners
In Criminal Defense

Fort Myers DUI Attorneys

Driving under the influence (DUI) is, by far, the criminal charge that most affects ordinary people. Being arrested for DUI could result in the suspension of your driver’s license, even if you are never convicted in court. Florida has an “implied consent” law, which means that if you refuse a police officer’s request to take a breath test, you can lose your license for up to 18 months.

If you have been arrested on suspicion of DUI/driving while intoxicated (DWI), we encourage you to contact Aiken & O’Halloran immediately. You may have just 10 days to request an administrative hearing or forfeit your driving privileges. The administrative hearing is separate from your criminal case, and there is a brief span of time in which you can take steps to protect your driving privileges while your DUI case progresses.

For a free consultation, please call us at 239-955-6715 or complete our contact form. Our DUI defense lawyers represent clients throughout Fort Myers and the surrounding areas.

Put Our Trial Lawyers On Your Side

Our veteran trial attorneys are experienced in not only effective cross-examination but also legal technicalities that could lead to a reduction or dismissal of charges. If this is your first DUI, then you need to thoroughly explore all your options before resolving your case. If this is not your first DUI charge, you may be facing mandatory jail or loss of your driver’s license for five to 10 years or, in some cases, life.

Contact us immediately for a free consultation on any of the following subjects:

Please see our case results and client testimonials to get an idea of the high level of defense counsel and representation that our team provides.

What Happens When You Get A DUI Charge In Florida?

While consequences can depend on individual circumstances, those found guilty of DUI in Florida can expect expensive fines and potential long-term jail time. First-time offenders in Florida can expect to pay between $500 and $2,000 in fines and spend up to six months in jail. Some first-time offenders may even be required to perform a certain number of hours of community service. For those found guilty of a second or third DUI conviction, the fines and jail time are nearly double those of first-time offenses.

Key Drunk Driving Statistics In Florida

Drunk driving is very common in the Sunshine State, particularly due to its reputation as a prime vacation and tourism destination. Many people are coming here on vacation or for spring break, for example. There is a strong beach and nightlife culture, which can lead to more driving under the influence (DUI) incidents.

To see exactly how this plays out, let’s look at some of the most important statistics.

Drunk driving arrests: Law enforcement makes tens of thousands of annual drunk driving arrests. In 2019 alone, police officers made more than 24,000 arrests. However, this does not mean all of them resulted in DUI convictions.

Many people face arrest and then succeed in having the charges dropped due to factors like insufficient evidence, faulty breath tests and procedural mistakes by police officers, to name a few. Others demonstrate that they were not impaired to begin with – perhaps they were just fatigued or nervous during the traffic stop, causing them to fail field sobriety tests even though they were not impaired.

Traffic deaths: It is also important to consider how many people suffer serious injuries or pass away in drunk driving accidents. In 2019, 814 people lost their lives in accidents involving alcohol. Some of them were intoxicated motorists, while others were simply drivers or passengers in other vehicles. Either way, this number shows that more than a quarter (26.7%) of total road fatalities are related to alcohol.

Underage drinking: As noted above, Florida is a hotspot for spring breakers and tourists, many of whom are underage. In 2019, the police arrested 4,116 individuals under the age of 21 for driving under the influence.

It is important to note that zero tolerance laws mean that someone under 21 can be arrested if a breath test demonstrates almost any amount of alcohol in their system. In simple terms, this means the legal limit for minors is lower than the 0.08% that the legal limit for adult drivers. A motorist who is just 16 could face arrest with a BAC of 0.02%, for example, which may not even require consuming an entire drink.

DUI arrests can have serious ramifications at any age, but especially for underage drivers. Those who are facing such charges must understand the legal options at their disposal. Our experienced team of DUI defense attorneys can help.

How Long Can A DUI Stay On Your Record?

In Florida, a DUI conviction can often stay on your record for 75 years, and the state does not let drivers expunge these charges. The Sunshine State’s punishments for those found guilty of a DUI can be unforgiving, so it’s vital to seek experienced legal counsel to help you aggressively fight these charges.

There May Be Flaws In The Case Against You

Your stop may have been the result of a routine checkpoint or a minor traffic infraction. Typically, a DUI arrest is based simply on the officer’s opinion that you did not perform to the officer’s satisfaction on a series of so-called voluntary roadside sobriety exercises. Additionally, Breathalyzers and Intoxilyzers are not infallible. Operators of these machines do make mistakes. A single officer’s biased opinion may have been enough for an arrest, but often, the officer’s opinion is insufficient for a conviction in court.

Why Choose Aiken & O’Halloran?

When you’re facing a DUI charge, there is no time to waste. You must act fast if you wish to protect your freedom and future. We understand how much a DUI charge can ruin your life and we know that you need a strong defense counsel that you can rely on. Our attorneys can often begin your defense before prosecutors officially charge you. They’re also former prosecutors, so they have seen countless DUI cases from the other side. They know prosecutors’ motivations and intentions because they’ve walked in their shoes and made the same decisions they’ve had to make. Not every criminal defense team has this experience, so when you work with ours, you can rest easy knowing that you have a legal leg up in negotiations and the courtroom.

Contact Aiken & O’Halloran For A Free Consultation

For a free consultation, please call our Fort Myers DUI defense lawyers at 239-955-6715 or complete our contact form. We represent clients throughout the Fort Myers area.