DUI Defense Lawyers In Naples, Florida
The Naples, Florida, DUI defense lawyers at the Foley & Wilson Law Firm can assist you if you have been arrested or charged with a DUI. Under Florida law, you can be arrested or charged with drunk driving if your blood alcohol concentration is found to be over .08 or higher, or if police officers suspect you were driving while under the influence of drugs or other substances. If you are found guilty of a DUI in Florida, you can face serious penalties. A first-time DUI conviction can carry jail time of up to six months, or the requirement that you serve this time in a residential drug or alcohol abuse treatment facility. You could also face fines, loss of your vehicle, and loss of your driver’s license. You could also lose your ability to operate a commercial motor vehicle or receive a license to operate a commercial motor vehicle. Under certain circumstances, you may be able to get your driver’s license back sooner than the required revocation period, but you may be required to attend a DUI school and use an ignition interlock device, which requires you to use a breathalyzer every time you get behind the wheel. These consequences don’t include the collateral consequences of a DUI, which can include increased insurance rates and having a criminal record along with the collateral consequences that go along with that.
So, to summarize, even a first-time DUI carries consequences that can include:
- Up to six months in jail or six months in a residential drug or alcohol abuse treatment program
- Fines up to $1,000
- Loss of your vehicle up to ten days
- Loss of your driver’s license up to one year
- Loss of the ability to obtain a commercial driver’s license.
Collateral consequences of a DUI can include:
- Increased insurance rates
- Criminal record
- Damaged reputation
- Collateral consequences that can include loss of certain government benefits and inability to access certain government programs
These consequences and penalties can be more serious if this is your second, third, or subsequent DUI, or if someone else was injured or killed in a DUI-related accident. If you are facing any kind of DUI charge or were arrested for a DUI, it is important to take your arrest seriously. A Naples, Florida, DUI defense lawyer at the Foley & Wilson Law Firm may be able to help you with your case. Our Naples, Florida, drunk driving lawyers may be able to help you avoid jail time, have your charges dropped or reduced, or help you with the next steps of a plea deal. Every DUI case is unique. Let the DUI defense lawyers in Naples, Florida, at the Foley & Wilson Law Firm help you.
A DUI defense lawyer in Naples, Florida, at the Foley & Wilson Law Firm may be able to use a range of strategies to defend your case. The strategies available will depend on the specific details of your DUI case. Here are some examples of DUI defenses:
- Inaccurate Breath Test. Alcohol breath tests can sometimes produce false positive readings. There are many reasons why this can happen. Breathalyzers must be regularly maintained and calibrated, and officers must be properly trained in their use. For example, officers must wait 15 minutes before administering a breath test, because if you drank even one drink within the 15-minute timeframe, the breath test could potentially produce a false-positive. If the breathalyzer used wasn’t properly maintained or calibrated, this could also result in a false positive. Some types of medicines can also result in a false positive when people are asked to take a breathalyzer test. Your Naples, Florida, drunk driving lawyer at the Foley & Wilson Law Firm can review your situation and see whether you might be able to fight your charges on the grounds of an inaccurate breathalyzer test.
- Improperly Administered Field Sobriety Test. Sometimes officers don’t have a breath or blood test, especially if you refused to submit to these tests. Under Florida law, if you refuse to take a breath or blood test, implied consent laws dictate that you automatically lose your driver’s license. However, proving a DUI without these tests could potentially be more difficult if an officer only has a field sobriety test as evidence. During a field sobriety test, a person may be asked to walk in a straight line, touch his or her nose, or perform other tasks. Unfortunately, if these tests are not properly administered, if officers are not properly trained in performing these tasks, and if you have a medical condition, are nervous, or if other factors affect your performance on the test, an officer might wrongly think you were drinking and driving. Something as simple as wearing high heels can result in a false positive, for example. The drunk driving lawyers in Naples, Florida, at the Foley & Wilson Law Firm can review how officers administered field sobriety tests and look at your unique circumstances to see whether the tests were properly administered.
- Civil Rights Violations. Officers must have probable cause to stop you in the first place. If you believe police used racial profiling or stopped you without due cause, you may be able to fight your charges in court. If officers violated your civil rights during the course of an arrest, you may also have the right to fight your charges. For example, if you asked to speak to your lawyer, but officers didn’t let you do so, you might be able to fight your charges on these grounds. If you have questions about your civil rights in relation to a DUI charge or arrest, reach out to the Naples, Florida, drunk driving lawyers at the Foley & Wilson Law Firm today.
- Chain of Evidence Issues. Evidence gathered must be handled in a specific manner. Blood samples must be accurately labeled and submitted promptly for analysis. Errors in the handling of evidence can weaken a case or even sometimes result in a case being dismissed. The Foley & Wilson Law Firm is a drunk driving law firm in Naples, Florida, that may be able to review how your case was handled from the moment you were arrested to the time you were charged.
These are just some of the possible DUI defenses you may be able to use. If you have been arrested for a DUI, officers generally have a range of options when it comes to gathering evidence, and people under suspicion are often at a disadvantage. If you have been stopped for a DUI, ask to remain silent, and ask to speak to your DUI defense lawyer in Naples, Florida. The drunk driving lawyers in Naples, Florida, at the Foley & Wilson Law Firm can review your case and help you assess the next steps you can take. Call 239-984-9115.