DUI is legally defined as having a blood alcohol level (BAL), sometimes known as blood alcohol content (BAC), of 0.08% or higher. If you have been arrested for and charged with driving under the influence of alcohol or drugs, your license will be confiscated; and, although you will be given a temporary license until your hearing, you have only 10 days to appeal your license suspension.
The administrative hearing is an important aspect of your criminal case because it gives your attorneys the chance to hear the evidence against you and the officer’s testimony before the trial itself. As such, it is vital that you retain a Fort Myers DUI attorney immediately after being arrested. At Calvo & Calvo, Attorneys at Law, we are committed to providing swift, strategic defense against drunk driving charges of every degree and nature.
To learn more about how we can defend you, contact our DUI defense lawyer in Fort Myers today.
Penalties for a DUI in Florida
A conviction for driving under the influence, with no accident or prior record, may result in:
- 6 months in jail
- License suspension for 6 months to a year
- Thousands of dollars in fines and fees
If there are aggravating factors, such as an accident involving property damage, injury, or death, a blood alcohol level of greater than 0.15%, prior DUI convictions, or a minor in the vehicle, penalties range anywhere from 9 months in jail and/or $2,000 in fines to 30 years imprisonment and/or $10,000 in fines. Ignition interlock installation, community service, and probation are also possibilities if you are found guilty of DUI. Also, sentencing and penalties are enhanced for a 2nd or subsequent DUI offense.
Whether you are facing a first time DUI, an underage DUI, or a felony DUI, you are going to need legal assistance. Reach out to Attorneys Jose Clavo and Kathryn Smith Calvo at your earliest convenience to begin building a strong defense case.
Know Your Rights if Arrested for DUI
We've all heard the common phrase before: "you have the right to remain silent," along with the rest of your rights. However, if you've been arrested for DUI, your rights extend even further. Being aware of what you're really entitled to can make a significant difference in your case.
Your Miranda rights, including the freedom to stay silent during questioning, are actually quite important to your case. Statements, which you might assume are entirely innocent and far from incriminating, can be taken the opposite way by law enforcement. Exercising your right to remain silent could be the difference between walking away innocent or spending a year in jail.
To preserve your rights and protect your best interests, we strongly recommend waiting until you have an attorney present to make any kind of statement. If an officer is questioning you, politely decline to answer. When your future hangs in the balance, it's worth it to be safe rather than sorry.
Should I Refuse to Take an Officer's Sobriety Tests?
This depends on the type of test you're asked to take and the circumstances surrounding your arrest. If requested to perform a field sobriety test, always decline. These tests are easy to fail even when sober, and the “results” can be easily influenced by factors other than a person’s intoxication level. To void having faulty results used as implicating evidence against you, it may be wise to refuse submitting to the test altogether.
The chemical tests, however, are a different story. Florida has an implied consent law, meaning anytime you get behind the wheel, you've already agreed to submit to a blood, breath, or urine test if pulled over. Refusing to do so can result in revoked driving privileges and other consequences.
That said, there may be times when it is in your best interest to refuse. If you know you are well over the legal limit and a chemical test will seal your fate, it may be wiser to refuse and accept the consequences. It is harder to disprove physical evidence from a test in court than it is to disprove a police officer's testimony.
Knowing your rights and being prepared in advance for a DUI stop is well worth it. The last thing you want to do is incriminate yourself and wind up sacrificing the next 5 to 10 years of your life.
If you are arrested, don't hesitate to contact our Fort Myers DUI lawyer. We have over a decade of experience and numerous accolades to back up our aggressive defense strategies. At Calvo & Calvo, Attorneys at Law, your rights come first.
Experienced & Aggressive DUI Attorneys in Fort Myers
Criminal charges are a serious matter, and without a skilled Fort Myers DUI lawyer, they could have a devastating impact on your future.
Some of the penalties you could face include:
- Loss of your license
- Permanent criminal record
- Jail or prison time
- Court fees and fines
You need to ensure that you are not putting your future or your rights at risk. A Fort Myers DUI defense attorney can help you fight your charges and protect your future. We handle these cases for clients in Bonita Springs, Cape Coral, Fort Myers and the surrounding areas.
Contact our firm at once if you or a loved one has been arrested and charged with DUI. Together, Attorneys Kathryn Smith Calvo and Jose Calvo have handled thousands of complex criminal cases in court, and they are ready to do the same for you.
5-Star Reviews From Our Clients
"Jose made me feel confident from our first conversation and throughout the legal process that everything would be OK. He is a calming presence and walks the walk of what you will discuss and work on with him. Very highly recommended."Anonymous
"Mr. Calvo was very knowledgeable and professional. He directed me through a very complicated situation with ease and confidence. I would definitely recommend him to any of my friends."Ron K.
"Mr. Calvo was a huge help with a situation I got into while I was on vacation a couple years ago. He fought tooth and nail for me and made sure everything was ok, all while we were thousands of miles apart. I can't thank him enough!"Kerri