Fort Myers Drunk Driving Accident Lawyer

Drunk Driving Accident Attorney in Fort Myers, FL

Drunk driving alone can cause serious penalties. But when drunk driving results in an accident, you are at risk for much more severe charges and penalties. A Fort Myers drunk driving accident lawyer can defend against drunk driving accident charges to limit the negative impact a conviction can have on your future freedom and opportunities 

Why Choose The Caldarone Law Group, P.A.?

With over 10 years of experience, The Caldarone Law Group, P.A., has helped countless Floridians get DUI and DUI accident charges dismissed or reduced. If you are facing charges, we provide aggressive defense based on strategies personalized to your case. Our knowledge of Florida’s drunk driving accident laws and your personal rights can help you move forward after criminal charges. 

Understanding Drunk Driving Accident Charges in Fort Myers

Drunk driving is a significant threat to the safety of everyone sharing the road. In 2023, drinking and driving caused 12,429 deaths across the U.S. and about 5,132 total crashes in Florida. With devastating impacts on many people’s lives, a drunk driving accident claim is extremely serious. 

In Florida, you can be charged with driving under the influence (DUI) if your blood alcohol content (BAC) is over 0.08%. If you were involved in an accident, the drunk driving accident laws can result in a DUI with:

• Property damage
• Minor injury
• Serious injury
• Manslaughter
• Manslaughter and leaving the scene

Florida’s DUI Penalties

DUI Penalties can place strict limitations on your freedom. License suspension, alcohol education classes, community service, or installation of an ignition interlock device can all occur after a DUI conviction in Fort Myers. The sentence and fines you can face depend on several factors, including whether you have prior convictions and what damage the accident caused. There are general sentencing guidelines for various charges, such as:

• DUI with property damage or minor injury. These offenses are first-degree misdemeanors, which can receive penalties of up to one year in county jail and a fine of up to $1,000. 
• Serious injury. A third-degree felony, this offense can result in up to five years in prison and a fine of up to $5,000.
• Manslaughter. This offense is a second-degree felony and comes with up to 15 years in prison and a fine of up to $10,000. 
• Manslaughter and leaving the scene. This offense is a first-degree felony. A conviction can lead to up to 30 years in prison and fines of up to $10,000.

Why You Should Hire a Drunk Driving Accident Lawyer

During a time when you are facing anxiety over the future and are likely recovering from your own damages, a Fort Myers drunk driving accident lawyer can make this process easier. A lawyer can:

• Defend your rights during an investigation. After an arrest, law enforcement is searching for information and evidence, often by asking you about what occurred or making you feel pressured into consenting to searches they do not have a warrant for. A lawyer can prevent them from gaining additional evidence to use against you by protecting your rights against self-incrimination and unreasonable searches or seizures. 
• Analyze evidence. A lawyer can scrutinize the prosecution’s evidence to identify any faulty or illegally obtained evidence. They can prevent it from being used against you by filing a motion to suppress the unlawful evidence. Additionally, a lawyer can identify gaps in evidence that threaten whether there is sufficient evidence to convict you. 
• Negotiate for lighter penalties. It can be difficult to defend yourself in court. A lawyer is a consistent advocate for your case, using various techniques to achieve outcomes, such as:
  • A plea bargain for reduced charges
  • Dismissed charges based on a lack of evidence
  • Dismissed charges based on police misconduct or procedural errors
  • Alternative sentencing options

FAQs

What Is an Ignition Interlock Device?

An ignition interlock device (IID) is a breathalyzer that can be installed in your vehicle that requires a BAC test to start the car and periodically while driving, preventing you from driving while intoxicated. In a drunk driving accident case, you may have to install an IID if your BAC was 0.15% or higher, if there was a child in the car with you, or if you have multiple DUI convictions. 

What Factors Could Lead to Higher Penalties in a Drunk Driving Accident Case?

The penalties for a drunk driving accident will primarily increase depending on the severity of the damage you have caused. Other factors that may raise the penalties are if you had a BAC of 0.15% or higher, have prior DUI or DUI accident convictions, if you were under the age of 21, or refused a chemical test. 

Can a Pretrial Diversion Program Be Used to Dismiss Charges?

Yes, a pretrial diversion program may be used to dismiss charges, though this is not an option for all offenders, especially if a DUI accident caused serious damage. A pretrial diversion program can involve educational courses, community service, installation of an IID, and alcohol or drug testing, dismissing your charges upon successful completion. However, this option is available only upon approval from the Florida State Attorney and for first-time offenders. 

Can You Refuse a Chemical Test if You Are Arrested for a DUI Accident?

No, you cannot refuse a chemical test if you are arrested for a DUI accident. Florida has an Implied Consent Law, which requires drivers to submit to chemical testing. Refusing a breath, blood, urine, or other chemical test can result in second-degree misdemeanor charges. If you are charged with refusing a drug or alcohol test, hire a drunk driving accident lawyer who can defend against both the DUI accident and chemical test refusal charges.  

Speak With an Experienced Fort Myers Drunk Driving Accident Attorney

Drunk driving accidents can be scary. A traumatic experience, a stressful investigation, and a high-stakes trial can easily leave you overwhelmed. A Fort Myers drunk driving accident lawyer can alleviate stress by providing personalized guidance and a strong defense. Contact The Caldarone Law Group, P.A., to learn how a lawyer can protect your future.