Fort Myers DUI Attorneys
We Can Help You Avoid License Suspension & Jail Time
If you are searching for a criminal defense law firm that can vigorously fight for your rights and freedom, look no further than Aiken & O’Halloran. Our Fort Myers DUI lawyers have over 50 years of combined experience and have successfully represented thousands of clients facing serious charges. We are committed to doing whatever it takes to help our clients avoid jail time and stay on the road.
Call (239) 603-6777 now to schedule a free consultation with our experienced criminal defense attorneys.
What Constitutes DUI in Fort Myers?
In the state of Florida, it is illegal to operate a motor vehicle while under the influence of alcohol or illegal controlled substances. “Under the influence” is defined as being impaired to the degree that a person is deprived of the full possession of their rational faculties. It is also possible for an individual to be arrested for a DUI if their blood alcohol concentration (BAC) level is .08% or higher. That limit is reduced to .04% for those driving commercial vehicles.
Penalties for DUI in Florida
A conviction for DUI can result in severe penalties. The specific punishments are generally determined by the number of prior offenses the defendant has. The court also takes into consideration the circumstances of the current DUI charges. For example, if the driver’s BAC was .15% or higher, or if there was a minor passenger in the vehicle at the time they were pulled over, this can be charged as aggravated DUI, which results in more severe consequences.
The potential penalties for DUI include:
- First offense DUI: 180-day to one-year license suspension, a $500 to $1000 fine, and up to six months in jail
- Second offense DUI: 180-day to one-year license suspension, a $1000 to $2000 fine, up to nine months in jail, and a two-year mandatory ignition interlock device
- Misdemeanor third offense DUI: 180-day to one-year license suspension, a $2000 to $5000 fine, up to 12 months in jail, and a two-year mandatory ignition interlock device
- Felony third offense DUI: A minimum 10-year license suspension, a $2000 to $5000 fine, 30 days to five years in jail, and a two-year mandatory ignition interlock device
Should I Take a Breathalyzer Test?
Florida’s implied consent laws make it mandatory for drivers who are arrested for DUI to submit a breath, blood, or urine test. Those who refuse to take the test will be subject to an automatic one-year driver’s license revocation. A second offense refusal is charged as a first-degree misdemeanor, which is punishable by up to one year in jail and a maximum fine of $1,000. In addition, the individual’s driver’s license will be revoked for 18 months.
When a driver submits a test that shows they have at least .08% BAC, this can result in a six-month license suspension. Any subsequent occurrences will lead to a one-year license suspension.
If you are facing charges for driving under the influence, contact Aiken & O’Halloran at (239) 603-6777 now. Our Fort Myers DUI attorneys have a proven track record of obtaining case dismissals.