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Defending Against DUI Charges

Last updated on May 7, 2025

When the flashing lights of law enforcement signal you to the side of the road, the situation can quickly escalate into a driving intoxicated charge that can upend your life. At Absolute Law, our DUI defense lawyers understand the overwhelming nature of such circumstances. We are ready to support you and fight for your rights against drunk driving charges.

DUI charges can have far-reaching consequences that extend beyond legal penalties. At Absolute Law, our lawyers understand the gravity of these charges. We are here to be your dedicated advocates, guiding you through the complexities of the legal process. Call 239-268-4669 today to start discussing your options.

Navigating DUI Laws In Florida

According to Florida statutes, the legal blood alcohol concentration (BAC) or blood alcohol level (BAL) limit is .08%. At the very least, driving with a BAC of 0.08% or higher may result in a first-degree misdemeanor charge and a fine of $500 to $1,000.

If your BAC was .15 or higher or there was a minor in the vehicle, your fine may increase to $1,000 to $2,000. Furthermore, a DUI can escalate to a felony charge if the case involves:

Prior DUI offenses
Serious bodily injury to others
DUI manslaughter

Still, even lower BAC levels can result in charges if law enforcement believes your driving is impaired. If you’re pulled over, remaining composed and respectful is crucial, as your behavior may impact the officer’s observations.

Keep in mind that police can request field sobriety tests (FSTs) or breathalyzer exams if they have probable cause to believe you are driving while impaired. “Probable cause” means that the police officer has a reasonable basis to believe that a crime has or is taking place.

For example, they may have enough probable cause if they spot you weaving in and out of your lane or driving too slowly. As such, they can legally compel you to pull over and request sobriety tests. The officer may also have probable cause to conduct further investigation if they observe other signs of drunk driving during the traffic stop, such as bloodshot eyes, slurred speech or unsteady gait.

BAC Test Refusal And Consequences

You can refuse a BAC test, but doing so may have consequences. In Florida, refusing a breathalyzer can result in an automatic driver’s license suspension, and your refusal may be used against you in court. Our criminal defense team can guide you on whether to consent to testing, considering the potential implications for your case.

Common DUI Defense Strategies

When you work with Absolute Law, your DUI defense lawyer will explore all possible defense strategies. These may include:

Challenging traffic stop legality: Your attorney may question whether the police had a valid reason to pull you over. If the stop was illegal, such as if there was no probable cause, any evidence obtained afterward may be inadmissible in court.
Questioning field sobriety test administration: FSTs, like walking in a straight line or standing on one leg, can be subjective. Your lawyer may argue that the police officer did not administer these tests properly, or that factors like medical conditions, weather or even uneven surfaces affected the results.
Contesting breathalyzer calibration: Breathalyzers need regular calibration to ensure accuracy. If maintenance records show improper calibration or lack of maintenance, the results may be unreliable.
Blood test handling procedures: Blood samples must be properly collected, stored and analyzed. Any errors in this chain of custody or improper handling could compromise the results.
Medical conditions affecting BAC readings: Certain medical conditions, such as GERD or diabetes, and diets can potentially affect breath test results, leading to falsely high readings.
Rising blood alcohol defense: This strategy argues that the BAC was below the legal limit while driving, but rose above it by the time of testing due to the body’s continued absorption of alcohol.

The effectiveness of these defenses depends on the specific circumstances of each case. That is why our attorneys will analyze every aspect of your situation in order to build a strong defense.

Consequences Of Conviction

DUI convictions can lead to substantial consequences, some being severe enough to be life-altering. If convicted, you may face:

Fines
License suspension
Mandatory DUI education programs
Probation
Jail time

A first-time DUI offense can result in a $500 to $1,000 fine and/or up to six months in jail. A second offense is punishable by a $1,000 to $2,000 fine and/or up to nine months in jail.

If convicted of another DUI within 10 years of a second conviction, the crime becomes a third-degree felony. Punishments may include fines of up to $5,000 and jail time of up to five years.

Aggravating factors can also worsen the charges and penalties. These include drunk driving with a minor passenger, having a BAC of %.15 or higher and drinking while driving.

In Florida and many other states, commercial drivers face stricter DUI consequences than noncommercial drivers. For starters, their legal limit is only at .04%. If caught driving a commercial vehicle while impaired, they may not be able to drive commercially for one year, and they may potentially lose their commercial driver’s license.

As for other professions, having a DUI on your record can make it harder to renew or obtain a professional license. Furthermore, you may face license suspension, revocation and other disciplinary actions if convicted of a DUI. This can put your livelihood at huge risk, especially if you work in an industry where any issue with substances can endanger others.

Expungement And Your Record

Florida’s DUI convictions generally cannot be expunged from your record. This makes it crucial to fight against charges to prevent long-lasting effects on your personal and professional life.

Case Timeline And What To Expect

Understanding the legal process ahead may help ease some of your anxiety. Here is an overview of what you can expect as your case progresses:

Arrest and initial proceedings: You will be taken into custody, booked and attend your first court appearance where charges are formally presented.
Pretrial phase: This includes bail hearings, plea negotiations and various legal motions. Your attorney will also review evidence through the discovery process.
Trial preparation: if your case goes to trial, we will develop strategies, prepare witnesses and organize evidence.
Trial and verdict: Your case will be presented before a judge or jury, culminating in a verdict.
Post-trial: If convicted, you will face sentencing. There may also be opportunities for appeal.

Nevertheless, every case is unique, and the exact steps may vary. Your DUI defense attorney will work closely with you throughout this process, so that you always know what lies ahead. Moreover, our legal team will explain each stage in detail, help prepare you for the process and protect your rights along the way.

Make An Appointment With A DUI Defense Lawyer

A DUI charge doesn’t have to define your future. Our attorneys at Absolute Law are here to provide you with aggressive representation and strategic defense. If you’re facing a DUI charge in Fort Myers, reach out to us for a free consultation. Call 239-268-4669 or use our online form to start building your defense today.