A DUI Defense Firm with Over 150 Years of Combined Legal Experience
Fort Myers DUI and criminal defense lawyers at Musca Law are highly experienced. Driving Under the Influence is a considered a very serious criminal offense in the state of Florida and in Fort Myers if it is a first offense or fourth the penalties can include jail time, fines and the adverse consequences of having a criminal record. If a person has been arrested and charged with a DUI in Fort Myers or the Lee County area, it is important that they consider consulting with an experienced Fort Myers DUI Defense Attorney as soon as possible to understand their legal options.
DUI Lawyers in Fort Myers and Florida Statute 316.193
DUI offenses in Fort Myers are governed by Florida Statutes Section 316.193 which provides the elements of and penalties for a DUI offense. In order to be convicted of DUI in Fort Myers, it must first be established beyond a reasonable doubt that the person was:
Driving a vehicle or in control of it; and,
The BAC was .08 percent or more.
What this means is that an individual can be convicted of DUI for just being physically in control of their vehicle and do not necessarily have to be operating it. A person can also be convicted of DUI in Florida if they were driving while impaired by drugs, alcohol, or a combination of both.
DUI Defense Lawyer in Fort Myers Florida
In Fort Myers Florida, a DUI conviction can result in harsh penalties that can include jail sentences and large fines, installation of an ignition interlock device, probation, community service, and person’s ability to obtain employment, housing or student loans. The punishment a person could receive for a first-time DUI conviction include:
Up to $2,000 worth of fines.
Depending on the circumstances, a jail sentence of up to nine months.
Suspension of driving privileges.
A substance abuse class.
Impoundment of the vehicle for up to ten days.
Installation of an Ignition Interlock Device on the vehicle for use up to six months.
Second-Offense DUI Penalties in Fort Myers, Florida
A second DUI conviction in less than five years can mean even harsher penalties than those an individual might face for a first-time offense. In Fort Myers, second DUI convictions are still considered misdemeanor offenses. However, if there are certain aggravating factors present such as a high BAC or a child was in the vehicle at the time of the offense, the accused might face a jail sentence of up to a year and fines of up to $2,000. Some of the other adverse impacts someone might face as a result of a DUI conviction can include probation, a suspended driver’s license, vehicle impoundment, use of an Ignition Interlock Device on the vehicle, and completion of a substance abuse course.
Fort Myers Felony DUI Defense Attorneys
In Fort Myers and anywhere in Florida, a DUI is generally considered a misdemeanor offense. However, it is possible to be charged with a felony DUI even if it is a first offense. Under Florida law, a DUI can be charged as a felony if:
It is the third DUI in under ten years
It is the fourth or subsequent DUI;
Someone was seriously injured as a result of the DUI
Someone was fatally injured as a result of the DUI.
DUI Defense for Manslaughter in Fort Myers
People convicted of a felony DUI in Fort Myers can face up to five years in jail and a $5,000 fine. In addition, if the DUI is classified as DUI manslaughter, they can be charged with a second-degree felony. If convicted of DUI manslaughter in Florida, the penalties a person receives can include up to fifteen years in prison and a hefty fine of up to $10,000. Leaving the scene of the accident after DUI manslaughter is considered a first-degree felony and if convicted a person can face fines of up to $10,000 and a prison sentence of up to thirty years.People who have been charged with a DUI in Fort Myers, whether it is their first offense or their third, it is important that they consider consulting with an experienced Fort Myers DUI Defense Lawyer right away to preserve and protect their legal rights.
Fort Myers Boating Under the Influence Defense Attorneys
Boating Under the Influence Drugs or Alcohol
Boating Under the Influence or BUI is also considered a serious offense in Fort Myers. Under Section 327.35 of the Florida Statutes, a person can be convicted of BUI if the prosecution can prove that they operated a vessel while impaired or under the influence of alcohol, drugs, or a combination of the two. The penalties for a first-time BUI conviction can include large fines and up to six months in jail. Like DUI offenses in Fort Myers, BUI conviction penalties grow more severe depending on the circumstances and facts of the case and whether the accused has any prior BUI convictions.
DUI Defense Case Review with a DUI Defense Lawyer
People facing DUI or BUI charges in Fort Myers or in Lee County, Florida, can contact our law offices to discuss the legal matter with one of our experienced Fort Myers DUI Defense Lawyers now. Our Musca Law has over 150 years of combined criminal defense practice experience handling DUI and BUI cases throughout the state of Florida. For your no cost case review, contact us at 800.687.2252 to receive your confidential case evaluation.
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