Fort Myers DUI Lawyer

DUI Attorney in Fort Myers, FL

Driving under the influence of alcohol or drugs is extremely dangerous, so it should come as no surprise that it’s considered a serious offense in Florida. If you’re being charged with a DUI, you need a Fort Myers DUI lawyer who can help you fight the charges and defend your rights.

Trust The Caldarone Law Group, P.A.

The team here at The Caldarone Law Group, P.A., has substantial experience in defending clients facing charges ranging from first-time DUIs to felony DUIs. No matter what kind of charges you’re facing for driving under the influence, we can help you come up with an effective defense.

Why Hire a DUI Lawyer?

DUIs have been on the rise in Lee County. In 2024, local police made 879 arrests, a 36% increase from 2023. These drunk driving incidents have consequences that extend beyond arrests and the subsequent impacts they have on drivers’ lives. From 2019 to 2023, 90 people died in alcohol-related crashes in Lee County.

It doesn’t matter whether you were pulled over on a busy road like State Road 82 or right across the street from your house in a residential area like Timber Creek. If you’ve been accused of drunk driving, you should hire a DUI lawyer to help you fight the charges in Fort Myers. Your lawyer can challenge the prosecution’s evidence and look for procedural errors that could help you get the case thrown out.

What’s Considered Drunk?

In Florida, as in other states, the Per Se blood alcohol content limit is 0.08%, meaning that if you test above this level, you’ll automatically be considered impaired. For those under 21, that limit is 0.02%. You should keep in mind that refusing to undergo chemical testing will not help your situation, as you’re considered to have already consented to testing by driving on Florida’s roadways.

Penalties for DUIs

Florida imposes a variety of criminal and administrative penalties for DUIs. Here’s what to expect:

• Jail time. A first DUI conviction can leave you facing up to six months of jail time, while a second conviction has a maximum sentence of nine months. If you get arrested for DUIs twice within five years, you’ll be required to serve at least ten days in prison.
• Fines. A first-time DUI can lead to fines of $500 to $1,000. A second-time DUI will leave you facing even higher fines of $1,000 to $2,000.
• Community service. For a first-time offense, you could be sentenced to 50 hours of community service.
• Vehicle impoundment. Your vehicle will be impounded for ten days following your first DUI. If you get a second DUI within five years, it will be impounded for 30 days.
• License suspension. Your license will be suspended or revoked for a period of six months following your first DUI conviction, one year following your second, and two years following a third offense. If you get two DUIs within five years, you’ll lose your license for five years.
• Alcohol treatment. You’ll need to attend alcohol education classes for any DUI.
• Ignition interlock. If you get more than one DUI, you’ll need to have an ignition interlock device installed following your second conviction.

Aggravated DUI

You can be charged with an aggravated DUI for one of several reasons:

• Your BAC was 0.15% or higher
• You were transporting a minor
• You caused personal injury
• You caused property damage
• You are a habitual offender

An aggravated DUI will be charged as at least a third-degree felony offense, leaving you facing potentially substantial jail time and fines in addition to steep administrative penalties.

FAQs

How Much Does a Lawyer Cost for a DUI in Florida?

How much a lawyer costs for a DUI in Florida varies on a case-by-case basis. For a simple case, the cost might be quite low. For a complex case that requires extensive background work, hiring professional witnesses, and going to trial, the costs associated with resolving your legal issue are likely to be higher. The only way to get a clear idea of what to expect in terms of cost is to contact a Fort Myers DUI attorney.

What Percentage of DUI Cases Are Dismissed in Florida?

A significant number of DUI cases are dismissed in Florida. While there is no exact statistic to capture this fact, we do know why the dismissal rate is so high. Procedural errors, such as a lack of probable cause for stops and violations of constitutional rights, lead to many dismissals, and insufficient evidence and successful challenges to field sobriety and chemical tests explain even more of them.

Should I Get a Lawyer for a DUI in Florida?

You should get a lawyer for a DUI in Florida. The Sunshine State takes driving under the influence quite seriously and will most likely prosecute you to the fullest extent possible. Having an experienced lawyer on your side is a good way to even the playing field and ensure that your rights are protected throughout this challenging legal process.

Can a First-Time DUI Be Dismissed in Florida?

A first-time DUI can be dismissed in Florida, but only if there are significant legal problems associated with the case. It’s more common for charges to be reduced to a lesser offense, such as reckless driving, or for the typical DUI penalties to be suspended in favor of alternative sentencing. Alternative sentencing can include alcohol treatment, the installation of an ignition interlock device, probation, or community service.

Your Fort Myers DUI Lawyer

Florida takes driving under the influence very seriously. If you’ve been charged with this crime, you should hire a Fort Myers DUI lawyer right away. You can trust the team here at The Caldarone Law Group, P.A., to help. Our founding attorney, Justin P. Calderone, has over 10 years of trial experience working as both a criminal defense lawyer and for the prosecution, giving him a unique perspective on DUI laws. Contact us to schedule an initial consultation.