It is important for people to understand that driving under the influence (DUI) is not necessarily a crime limited to people with drinking problems, as everyday ordinary citizens can be charged with this offense as the simple result of underestimating their blood alcohol concentration (BAC) following an evening of drinking. Any person facing any kind of DUI charge in Southwest Florida will want to contact Cardinal Law, P.A. for assistance fighting these charges and achieving the most favorable possible outcome to their criminal case.

While most first DUI offenses are misdemeanors, there are certain aggravating factors that can come into play with certain offenses. Repeat DUI crimes often have the potential to lead to increased penalties in many cases, and a person’s BAC at the time of an offense can also play a major role in the possible penalties.

Cardinal Law, P.A. understands that many people who agree to submit to breath testing at the scene of a DUI arrest immediately assume that they are automatically guilty and will be hoping for some mercy from a court, but the truth is that there are many complicating factors in these cases that can often result in DUI charges possibly being reduced or outright dismissed. Our firm will be able to thoroughly review your arrest and determine your defense options as soon as you call 239-610-0845 to schedule a free consultation.

Florida DUI Laws

Florida Statute § 316.193 establishes that a person commits a DUI offense when they are driving or in actual physical control of a motor vehicle and are either under the influence of alcoholic beverages, any chemical substance, or any controlled substance, when affected to the extent that their normal faculties are impaired, or have a BAC of 0.08. Criminal penalties in these cases can vary depending on an alleged offender’s BAC and their prior number of DUI convictions:

• First DUI — Up to six months in jail, fine of up to $1,000, and driver’s license suspension of up to 180 days
• First DUI with BAC of 0.15 or more — Up to nine months in jail, fine of up to $2,000, and driver’s license suspension of up to one year
• Second DUI within five years of prior arrest — Up to nine months in jail, fine of up to $2,000, and driver’s license suspension of up to five years
• Second DUI with BAC of 0.15 or more or with a minor in the vehicle — Up to 12 months in jail, fine of up to $4,000, and driver’s license suspension of up to five years
• Second DUI outside of five years — Up to nine months in jail, fine of up to $2,000, and driver’s license suspension of up to six months
• Second DUI outside of five years with BAC of 0.15 or more — Up to 12 months in jail, fine of up to $4,000, and driver’s license suspension of up to one year
• Third DUI within 10 years of first conviction — Up to 12 months in prison, fine of up to $5,000, and driver’s license suspension of up to 10 years
• Third DUI within 10 years of first conviction with BAC of 0.15 or more — Up to 12 months in prison, fine of up to $5,000, and driver’s license suspension of up to 10 years
• Fourth or Subsequent DUI — Up to five years in prison, fine of up to $5,000, and permanent revocation of driver’s license
• Fourth or Subsequent DUI with BAC of 0.15 or more — Up to five years in prison, fine of up to $5,000, and permanent revocation of driver’s license

Aggressive DUI Defense

Cardinal Law, P.A. knows how to help people fight DUI charges and can often negotiate much more favorable terms than people will be able to accomplish on their own. We will be able to review entire arrests to determine if law enforcement committed any errors in their administration of BAC tests that might help a person raise certain defenses.

Schedule a Free Consultation

If you have been arrested for a DUI anywhere in Southwest Florida, you should not delay in seeking the help of a criminal defense attorney. Contact Cardinal Law, P.A. as soon as you possibly can at 239-610-0845 to set up a free consultation.