Fort Myers DUI Lawyer
Getting arrested for driving under the influence in Florida can be overwhelming. From license suspension to the possibility of jail time, a DUI conviction can impact nearly every part of your life. At Drew Fritsch Law Firm, our Fort Myers DUI lawyer helps clients throughout Lee County navigate DUI charges and fight for the best possible outcome. Whether it’s your first offense or a repeat arrest, we’re here to protect your rights and guide you forward.
Understanding DUI Charges in Florida
In Florida, it’s illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. However, you can still be charged with DUI even if your BAC is lower, especially if officers claim your driving was impaired by alcohol, drugs, or prescription medication. DUI penalties increase if your BAC was 0.15% or higher, if there was a minor in the vehicle, or if the DUI caused injury or property damage. Prior convictions can also lead to harsher consequences.
Florida treats DUI as both a criminal offense and a civil matter involving your driving privileges. That means you may face penalties from both the court and the Department of Highway Safety and Motor Vehicles (DHSMV).
What Happens After a DUI Arrest
There are two urgent deadlines to be aware of after a DUI arrest in Fort Myers. First, you have only 10 days to request a formal review hearing with the DHSMV to challenge your license suspension. Second, criminal proceedings will begin shortly after your arrest, starting with your arraignment. If you fail to take action quickly, your license could be automatically suspended—even before your first court appearance. That’s why it’s so important to speak with a DUI lawyer in Fort Myers as soon as possible.
DUI Penalties in Florida
The consequences of a DUI conviction depend on a variety of factors, including your BAC, your criminal history, and whether any aggravating circumstances exist. A first-time DUI can result in up to six months in jail, fines between $500 and $1,000, and a six-month license suspension. Subsequent convictions lead to significantly higher penalties and longer suspensions. Other consequences may include DUI school, probation, installation of an ignition interlock device, and community service. Beyond the legal consequences, a DUI conviction creates a permanent criminal record, which can impact employment, housing, and more.
How We Defend DUI Charges
Just because you were arrested for DUI doesn’t mean you’ll be convicted. At Drew Fritsch Law Firm, we examine every detail of your case to identify the best defense. We’ll look at whether the officer had reasonable suspicion to stop your vehicle, whether field sobriety tests were conducted properly, and whether any breath or blood tests were accurate and legally administered. We also evaluate whether you were informed of your rights and whether law enforcement followed the proper procedures during your arrest.
We understand how prosecutors build DUI cases—because Drew Fritsch is a former prosecutor himself. That experience gives us insight into the strategies that work best in Lee County courts. Whether we’re filing motions to suppress, negotiating for reduced charges, or taking the case to trial, our goal is to protect your future.
Administrative vs. Criminal DUI Proceedings
DUI charges in Florida trigger two separate legal processes: an administrative hearing regarding your driver’s license and a criminal court case. The DHSMV can suspend your license even if your criminal case hasn’t gone to trial yet. That’s why we act quickly to request a formal review hearing within the 10-day window. If your case qualifies, we may also help you apply for a hardship license to keep you on the road legally.
When Diversion or Alternative Sentencing Is Available
In some cases—particularly first-time DUI offenses—alternative sentencing options may be available. This could include participation in DUI court, community service, or substance abuse counseling in place of jail time. Some programs may even allow you to avoid a conviction entirely if completed successfully. We’ll review every available option and advocate for a solution that protects both your freedom and your future.
Frequently Asked Questions About DUI in Fort Myers
Can I still drive after a DUI arrest?
Yes, but you must act fast. You have 10 days to request a hearing with the DHSMV to challenge your license suspension. We can help you make this request and explore options for a hardship license so you can legally drive while your case is pending.
Do I have to take a breathalyzer test?
Under Florida’s implied consent law, you’re required to submit to a breath, urine, or blood test if lawfully arrested for DUI. Refusing the test can result in an automatic license suspension and be used against you in court. However, the legality of the test and the arrest itself can still be challenged.
Will a DUI stay on my record forever?
Unfortunately, yes. A DUI conviction in Florida cannot be expunged or sealed. That’s why it’s critical to fight the charges and avoid a conviction if possible. If your case is dismissed or results in a withhold of adjudication, you may be eligible to clear the arrest record through expungement.
Speak With a Fort Myers DUI Lawyer Today
If you’ve been arrested for DUI, don’t wait. At Drew Fritsch Law Firm, our DUI lawyers in Fort Myers are ready to defend your rights and help you move forward. Call (941) 205-3535 or contact us online to schedule a confidential consultation today.