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Fort Myers DUI And Drunk Driving Defense Attorney

Drunk driving is one of the most commonly charged crimes in Florida, but that doesn’t mean it is treated lightly. Depending on the circumstances, a DUI/DWI conviction in Fort Myers can result in jail time, fines, installation of an ignition interlock device and other harsh consequences. It also results in a criminal record, which has its consequences for your future employment and housing eligibility.

If you are facing DUI/DWI charges, it is important to seek the help of a skilled DUI defense firm like Cantor & Cantor. Our attorney brings 20 years of criminal defense experience to each case. He has helped countless clients in Lee County and throughout all of Southwest Florida, and he can help you, too.

Factors That Will Influence Drunk Driving Charges In Fort Myers
It Is Possible To Successfully Defend Against DUI Charges
Answering Frequently Asked Questions About Florida DUI

Factors That Will Influence Drunk Driving Charges In Fort Myers

The charges you face and the potential sentence associated with conviction will depend on several important details of your case. These include:

Whether it was a first-offense DUI or a repeat offense
What your blood alcohol content (BAC) was, according to the breathalyzer test results
Whether you took a breathalyzer test when asked or refused it
Whether you were involved in a car accident or caused bodily injury/death to someone else
Whether there were other aggravating factors such as a minor passenger in the car at the time of arrest

Not all DUI cases in Lee County are routine and charged in the same way. It is critical to speak with an experienced attorney right away to better understand what you’re up against and what your legal options may be.

It Is Possible To Successfully Defend Against DUI Charges

You may assume that taking a plea deal is the best result you can hope for. That may be true in some cases, but certainly not always. A skilled DUI defense lawyer like Zachary Cantor may be able to help you challenge the charges based on:

Problems with test administration
Faulty breathalyzers or other equipment issues
Lack of a valid reason for the initial traffic stop
Medical conditions that may have affected field sobriety test results
Deviations from officer protocol that could have tainted the interaction or violated your rights

Our firm thoroughly combs through the details of your DUI arrest to determine all possible challenges to the charges.

Answering Frequently Asked Questions About Florida DUI

Whether you were pulled over for drunk driving in Fort Myers or are now facing a DUI charge elsewhere in Lee County, Florida’s DUI laws can be very tricky, and matters can escalate quickly without the correct legal knowledge. With more than 20 years of experience handling DUI cases throughout Florida, our attorney possesses a deep understanding of the law and has encountered nearly every type of drunk driving situation. As such, our firm is committed to providing accurate legal information that can assist you and help ensure you make a well-informed legal decision.

What is the difference between DUI and DWI?

In Florida, the terms “DUI” and “DWI” are often swapped without distinction. However, DUI (driving under the influence) is the official term used in state law. DUI entails impairment due to alcohol and/or drugs, while DWI (driving while intoxicated) may be more commonly referenced in other states.

As such, Florida law states that a person can face a DUI charge if their BAC is .08% or higher. Furthermore, charges are possible if an individual is impaired by drugs or a combination of substances, irrespective of their BAC level.

What is an aggravated DUI in Florida?

An aggravated DUI in Florida refers to specific circumstances that elevate the severity of a DUI charge, resulting in harsher penalties. Aggravating factors can include:

Having a BAC of .15% or more
Causing harm or fatality to someone while driving impaired
Having a child or a teen under 18 years old in the car during the incident

Aggravated DUI charges are taken very seriously in Florida and can lead to severe legal consequences. The penalties for aggravated DUI are significantly harsher compared to a standard drunk driving charge. If you find yourself in this situation, you may face increased fines, longer license suspensions and mandatory jail time.

How long will a DUI/DWI stay on your record?

A DUI conviction remains on your criminal record for 75 years. Unlike some other states, Florida does not allow expungement or sealing for DUI convictions. This long-lasting record can significantly affect various parts of life, including employment opportunities and driving privileges.

Under specific circumstances, first-time offenders may have access to programs like pretrial diversion, which could potentially lead to dismissal of charges. Therefore, it is indispensable to understand the potential long-term impact of a drunk driving conviction on one’s record to know the next course of action.

Will I lose my license if charged with drunk driving?

There is both a criminal phase of your case as well as an administrative one. If you receive a DUI charge in Fort Myers, you will likely have your license suspended within 10 days after your arrest unless you request an administrative hearing.

At that hearing, you can make a case for why you need to retain your license (usually for business or work purposes). If you contact our firm right away, we can help you with both the criminal and administrative processes in Lee County.

Do I need to plead guilty if I failed a breathalyzer test?

You should not make any plea decisions before speaking to a skilled defense attorney. A failed breathalyzer test seems like irrefutable evidence, but that’s not necessarily true. There may have been problems with the way the test was administered or with the accuracy of the device itself. Attorney Zachary Cantor can assess the details of your case and help you understand all your defense options.

Should I refuse a breathalyzer test?

This is a decision that only you can make, but you should at least be aware of the consequences of test refusal. Under Florida’s implied consent law, a police officer can require you to take a breathalyzer test if he or she has a reasonable suspicion that you were driving while impaired by alcohol.

Refusing to take the test could prevent police from gathering a strong piece of evidence against you (a breathalyzer test result of .08% or higher, showing that you are legally drunk). However, you could still potentially face conviction without this evidence.

Moreover, refusing a breathalyzer will result in immediate license suspension for one year (on a first offense) or 18 months (on a repeat offense). This suspension remains in place even if you are acquitted of DUI or have the charges dropped. Test refusal also makes you ineligible to participate in a diversion program for first-time offenders.

Can I refuse to take field sobriety tests?

Field sobriety tests are acts of physical coordination that police use to determine if they can request more invasive breathalyzer testing. They include acts like the “one-leg stand” and the “walk-and-turn test.” Unfortunately, these tests are not very scientific, and you could fail them even if completely sober.

There is no automatic penalty for refusing a field sobriety test in Lee County. Your refusal can be used against you in court as an implication that you suspected you were impaired, but this isn’t very strong evidence by itself, especially if you refused and gave a reason such as having poor balance due to a medical condition.

Hopefully, these answers provide a bit of clarity in your case. However, not all drunk driving situations in Fort Myers are the same, and what might apply to you might not apply to someone else. For tailored advice, reach out to our Lee County attorney today.

What are the penalties for a first-offense DUI in Florida?

A first-offense DUI in Florida carries significant penalties. You may face:

Fines ranging from $500 to $1,000 (or $1,000 to $2,000 if your BAC was .15% or higher)
Jail time of up to six months for a standard first offense or up to nine months for aggravated circumstances
Probation up to one year
Mandatory completion of DUI school
50 hours of community service
License suspension for 180 days to one year
Potential vehicle impoundment for 10 days

If your BAC was .15% or higher, or if a minor was in the vehicle, you may need to install an ignition interlock device for at least six months. The exact penalties depend on the specific facts of your case.

What is a hardship license, and how do I get one in Florida?

A hardship license, also known as a business purposes license, allows you to drive for essential needs during your license suspension period. For a first-offense DUI, you may be eligible to apply after completing 30 days of hard suspension. This restricted license permits driving for work, school, medical appointments, church services and other necessary business purposes. To obtain one, you must:

Enroll in DUI school
Obtain SR-22 insurance
Attend an administrative hearing
Pay the required fees

Attorney Zachary Cantor can guide you through this process and help you apply for a hardship license as quickly as possible.

Contact Us Today For A Free Discussion About Your Case

Cantor & Cantor serves clients throughout Southwest Florida. To schedule your free initial consultation, call us in Fort Myers at 239-494-3164 or reach us online.