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Click To Call: 239-537-0439
Click To Call: 239-537-0439
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 challenge the charges and defend your rights.
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.
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 address 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.
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.
Florida imposes a variety of criminal and administrative penalties for DUIs. Here’s what to expect:
You can be charged with an aggravated DUI for one of several reasons:
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.
Most DUI arrests in Fort Myers begin with an investigation by the Lee County Sheriff’s Office or another local law enforcement agency, such as the Fort Myers Police Department. After an arrest, the defendant is typically booked and either released on bond or held until a first appearance before a judge.
Criminal DUI charges are typically processed and prosecuted by the Office of the State Attorney for Florida’s Twentieth Judicial Circuit. These matters proceed through the Lee County Justice Center, located at 1700 Monroe Street in Fort Myers.
Depending on the facts of the case, defendants may move through several stages of the criminal justice process, including:
The manner in which a case is resolved often depends on the evidence, the defendant’s criminal history, and any legal defenses they may use. A Fort Myers DUI attorney can help you handle even the most tense of DUI situations, protecting your rights and pursuing a fairer verdict.
In some situations, a first-time offender may be considered for a form of pretrial diversion or deferred prosecution. However, eligibility is determined on a case-by-case basis by the State Attorney’s Office and is not available in every DUI case. When you hire a DUI lawyer, they can help you learn if you may be able to pursue these options for your situation.
Factors that can impact your eligibility for these diversionary options include:
Participation in this program may require a person to complete conditions such as alcohol education or treatment, community service, regular reporting to court authorities, and other requirements designed to show a commitment to lawful sobriety behind the wheel.
The procedures followed by local jurisdictions can differ slightly. Even in neighboring counties with significant commuter overlap, shared infrastructure, and similar population demographics, one case might be tried differently in Fort Myers.
For example, DUI cases in Lee County may be evaluated differently from those in Collier County, even though both function under the state of Florida’s framework for DUI case management. For more insight into how your case may go, contact The Caldarone Law Group, P.A.
Click To Call: 239-537-0439
After a DUI arrest in Fort Myers, you are typically booked into jail, appear before a judge regarding bond, and receive a future court date. Your case generally proceeds through the Lee County Justice Center, where it may involve discovery, motion practice, plea negotiations, or trial, depending on the circumstances. It’s crucial to hire a DUI lawyer as soon as possible following your arrest.
Lee County offers a diversion program for first-time DUI offenders. In limited circumstances, some first-time offenders may be considered for these programs.
Eligibility is determined on a case-by-case basis, and participation does not automatically result in the dismissal of a DUI charge or the avoidance of other DUI penalties. An attorney can help you evaluate whether this option is feasible and desirable in your case.
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.
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.
You should get a lawyer for a DUI in Florida. The Sunshine State takes driving under the influence quite seriously and prosecutes defendants to the fullest extent possible. Having an experienced lawyer on your side can help even the playing field and give you confidence that your rights are protected throughout this challenging legal process.
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.
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.
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