Cape Coral DUI Defense Lawyers
At Foley & Wilson Law Firm, we recognize the gravity of facing a DUI charge in Cape Coral, Florida. With over 45 years of combined experience in the criminal justice system, our team, comprised of former prosecutors and veteran defense attorneys, brings a deep understanding of Florida’s DUI laws and a commitment to deliver professional representation of the highest caliber. Our approach is founded on treating our clients with dignity and respect while offering skilled legal assistance during these challenging times. If you’ve been arrested and charged with drunk driving in southwest Florida, contact our experienced Cape Coral DUI defense lawyers for a no-cost consultation to evaluate the case against you and explore your best options for success.
Understanding DUI Under Florida Law
In Florida, driving under the influence (DUI) is governed by several statutes, primarily Chapter 316.193 of the Florida Statutes. These laws outline the elements that must be proven for a DUI conviction and the potential penalties upon conviction and offer a window into the possible defenses that might be available in a given case.
To secure a DUI conviction in Florida, the prosecution must prove certain key elements of the offense:
- Driving or Physical Control: The individual must be driving or in physical control of the vehicle.
- Influence of Alcohol or Other Substances: The individual must be under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that their normal faculties are impaired.
- Blood Alcohol Level (BAC): Alternatively, it must be shown that the individual has a blood alcohol level of 0.08% or more grams of alcohol per 100 milliliters of blood or 0.08 grams of alcohol per 210 liters of breath.
The penalties for DUI in Florida can be severe and vary depending on the circumstances, such as the driver’s BAC level, prior convictions, and whether the incident resulted in property damage, injury, or death. Some of the potential penalties include:
- Fines ranging from $500 to $5,000
- Driver’s license suspension
- Vehicle impoundment
- Mandatory installation of an ignition interlock device
- Community service
- DUI School and substance abuse treatment
Under Florida Statutes 316.1932, 316.1933, and 316.1934, drivers are said to have given their implied consent for breath, blood, and urine testing to determine BAC or the presence of chemical or controlled substances. Refusal to submit to testing can lead to license suspension and other penalties. However, it is important to know that implied consent still requires that law enforcement had the cause to stop and test in the first place.
Available Defenses Against DUI Charges in Fort Myers
At Foley & Wilson Law Firm, we meticulously analyze every aspect of your case to develop a robust defense strategy. Some potential defenses include:
- Challenging the Traffic Stop: Arguing that the initial traffic stop was unlawful.
- Questioning Testing Procedures: Highlighting errors in breathalyzer or blood tests.
- Disputing Field Sobriety Tests: Pointing out flaws in the administration or interpretation of field sobriety tests.
- Raising Constitutional Violations: Asserting violations of your constitutional rights during the arrest or investigation.
At Foley & Wilson Law Firm, we understand the complexities of Florida’s DUI laws and are dedicated to providing top-tier legal representation. Our unique insights as former prosecutors allow us to anticipate prosecution strategies, offering you a significant advantage in your defense. We are committed to guiding you through every step of the legal process, ensuring you are well-informed and confidently represented.
Contact Foley & Wilson Law Firm Today
If you are facing DUI charges in Cape Coral, Florida, do not hesitate to contact Foley & Wilson Law Firm for a free consultation. Our skilled legal team is ready to defend your rights and work toward the best possible outcome. Call us today for the professional, dignified, and effective representation you deserve.