When a driver is caught operating their vehicle under the influence of alcohol, they will have to face the ire of the law. Driving under the influence can count as operating a vehicle with a blood alcohol concentration of .08% or more, or not being in one’s proper senses when driving which can be inferred by the police officer. If a police officer stops a car and they determine that the driver was deprived of full possession of their normal faculties, then they may still be considered under the influence.

There is not one penalty that fits all DUI cases. Rather, there are various penalties based on the number of offenses and the severity of the damage caused. If a driver is caught for a first-time DUI offense, they will face up to six months in jail time and pay fines up to $1000. They will also have their license revoked for up to one year. For a second-time offense, a person can face jail time up to nine months and face fines up to $2000. They may also have their license revoked for up to 2 years.

DUI cases are never taken lightly in court and anyone who finds themselves in the middle of such a case should make sure they are only moving forward with the help of a qualified lawyer who can help guide them easily through their case.

What is a felony DUI in Fort Myers, Florida?

If a person undertakes a third DUI offense within 10 years of a prior conviction, then they will be charged with a felony and if a fourth DUI incident occurs, then this results in a felony regardless of when the previous offenses took place. Another case in which a DUI may be considered a felony is if the driver caused severe bodily harm or death because of their drunk driving.

It is very important to keep in mind that Florida law requires all drivers to consent to a chemical test of their blood, urine, or breath to determine the presence of alcohol when a police officer asks them to. If a person fails to provide this, they will face immediate legal repercussions that include one-year-long license revocation.

Anyone who is caught for a DUI should comply with officers to the best of their ability and ask to speak with a qualified lawyer as soon as possible. Call a criminal defense lawyer at the Law Office of Robert Foley today to get help with a DUI case.

Reach them at:

(239) 690-6080

239-676-6719 (Cape Coral)


2401 First Street #255

Fort Myers, FL 33901

3729 Chiquita Blvd S

Cape Coral, FL 33914

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