Fort Myers DUI Attorney
Driving under the influence (DUI) is a serious criminal offense in Florida, governed by a set of statutes that outline the elements of the offense, penalties, and defenses. Hollander & Hanuka Attorneys at Law are experienced DUI defense attorneys in Fort Myers dedicated to defending individuals charged with drunk driving offenses under Florida Statutes 316.193 through 316.1939. Let us help you understand the charges you are facing and explain how we can help. Contact our experienced Fort Myers DUI defense lawyer today.
What Constitutes a DUI in Florida?
Under Florida Statute 316.193, a person is guilty of DUI if they are driving or in physical control of a vehicle while under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties are impaired, or if their blood alcohol concentration (BAC) is 0.08% or higher. The statute applies to all drivers, and Florida takes DUI offenses seriously, with harsh penalties for even first-time offenders.
The key elements that must be proven for a DUI conviction include:
- Operation or Control of a Vehicle: The prosecution must prove that the defendant was either driving or in physical control of a vehicle at the time of the arrest. It’s important to note that you need not actually be driving to be charged with DUI.
- Impairment or BAC Level: The prosecution must show that the defendant was impaired by alcohol or drugs or had a BAC of 0.08% or more. Impairment is typically established through field sobriety tests and other observations, while BAC is measured using breath, blood, or urine tests.
Penalties for DUI Convictions in Florida
The penalties for a DUI conviction in Florida depend on the severity of the offense and whether it is a first or subsequent violation. Under Florida law, DUI penalties may include:
- First Offense: A fine between $500 and $1,000, up to six months in jail, 50 hours of community service, and license suspension for six months to a year. Additionally, the court may impose mandatory DUI school and probation.
- Second Offense: A fine between $1,000 and $2,000, up to nine months in jail, and license suspension for up to five years if the second offense occurs within five years of the first. Ignition interlock devices are also required for at least one year.
- Third Offense (within 10 years): Considered a third-degree felony, punishable by a fine of up to $5,000 and up to five years in prison. The driver’s license may be revoked for up to 10 years.
- Aggravated DUI: If a minor was in the vehicle or if the driver’s BAC was 0.15% or higher, enhanced penalties apply, including longer jail time and higher fines.
Additional penalties can include vehicle impoundment, mandatory substance abuse treatment, and increased insurance premiums.
Possible DUI Defenses
Being charged with a DUI does not automatically mean a conviction. There are several defenses that a skilled DUI attorney can raise in court, including challenging the traffic stop. The police must have a legal reason to stop the vehicle. If the stop was conducted without probable cause or reasonable suspicion, the evidence collected afterward may be suppressed. In addition, the reliability of field sobriety tests can be questioned, as they are often subjective and may be administered incorrectly.
Breathalyzer or BAC test issues are another area ripe for challenge in court. Breathalyzers must be properly calibrated and maintained, and blood or urine samples must be handled correctly. Any failure in these procedures can result in inaccurate BAC readings, which may lead to reduced or dismissed charges.
Skilled and experienced DUI defense attorneys also understand when to raise what is known as the rising BAC defense. It is possible that your BAC was under the legal limit while driving but rose to 0.08% or higher by the time a test was administered. This can occur when alcohol continues to be absorbed into the bloodstream after driving.
How a Fort Myers DUI Attorney Can Help
If you have been charged with a DUI in Fort Myers, working with an experienced criminal defense attorney can make a significant difference in the outcome of your case. At Hollander & Hanuka Attorneys at Law, we provide aggressive defense strategies tailored to your unique circumstances. We can help by conducting an independent review of your case from the outset. A thorough investigation of your arrest can uncover flaws in the prosecution’s case, from errors in the traffic stop to problems with BAC testing equipment. We will scrutinize all evidence for inconsistencies or violations of your rights, seeking to get evidence excluded and charges dismissed.
In some cases, we can negotiate with prosecutors to reduce charges or penalties. This could result in avoiding jail time or reducing the DUI charge to a lesser offense such as reckless driving. If your case goes to trial, we will fight to protect your rights and present a robust defense aimed at securing a favorable outcome, whether that means an acquittal, reduced charges, or minimized penalties.
Contact Hollander & Hanuka for Aggressive and Effective DUI Defense in Fort Myers
A DUI conviction can have lasting consequences on your life, including your ability to drive, secure employment, and maintain a clean criminal record. However, with skilled legal representation, it is possible to reduce the impact of a DUI charge. Hollander & Hanuka Attorneys at Law, are dedicated to providing knowledgeable, effective defense strategies that aim to secure the best possible result for our clients.
If you or a loved one are facing DUI charges in Fort Myers, call Hollander & Hanuka at 239-332-3300 to schedule a free consultation and discuss your legal options. Our team is ready to defend your rights and work toward a favorable outcome.