Dui Lawyers In Fort Myers Fl – Driving under the influence is a unique crime because many drunk driving arrests have no criminal intent. That is, they accidentally take too much and then decide to drive. Unfortunately, the reality is that you can get arrested for DUI after just a few drinks. If this has happened to you, your best chance to beat your charge is to hire a Fort Myers DUI attorney to handle your case.
Patrick McClain is a Fort Myers DUI attorney with an exceptional track record of winning drunk driving cases. After reviewing the details of your case, a McClain attorney can develop a strong defense tailored to your specific situation. Call today for diligent DUI defense.
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According to Florida Statute 316.193, a DUI is when a person is driving or in active control of a vehicle while under the influence of alcohol or a controlled substance. The law continues to identify blood alcohol concentration limits. Like all other states and the District of Columbia, the UAE limit is .08
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Most first and second DUIs are misdemeanors. However, if you were involved in an injury accident or have a prior conviction, your case may be upgraded to a felony. A first DUI conviction is punishable by a $500 – $1,000 fine, up to six months in jail, license suspension, and mandatory attendance at a substance abuse course. For a second conviction, the fine is $1,000 – $2,000, and nine months in jail. Parole is an option in either case.
The law identifies several situations in which a DUI can be a felony. If you have two prior DUI convictions within the past ten years, the third arrest is classified as a third-degree felony. Additionally, if you were involved in an accident that caused serious bodily injury to another person, you will be charged with a third degree felony. If you cause an accident that results in the death of another person or an unborn child, it will be classified as a DUI felony. Failure to stop after a DUI accident increases the DUI charge to a felony. The penalty for felony DUI can range from five years for a third degree felony to 30 years for a first degree felony.
As a criminal defense attorney in Fort Myers, FL, Attorney Patrick McLane can help you understand your criminal exposure. Even in extreme cases where the evidence against his client is compelling, McLain’s attorneys have won or negotiated with assistant state attorneys to reduce charges and fines.
Most people are familiar with some of the basic sobriety exercises law enforcement uses to determine if a person is intoxicated. However, the process a police officer must use to prove a DUI is much more complicated. Here are the steps to a DUI arrest along with the various tests used by police officers in Fort Myers, FL and elsewhere in the state.
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The police must have a good reason to stop you. Alternatively, a DUI attorney can use illegal stops to throw out the entire case. Here are some valid reasons to quit:
As your criminal defense attorney, Patrick McLane will examine probable cause for your termination. If it is illegal, he will immediately file a motion to block it.
Officers cannot investigate every driver for a DUI. As a result, they must inform the driver who suspected them of being drunk. Some physical indicators of drunk driving include:
If officers believe you are intoxicated, they will ask you to perform field sobriety exercises. It’s a fairly difficult set of tests, but it’s voluntary. It is important to note that most people do not do well on this test, even when sober. Additionally, the police will videotape your performance for presentation in court. For this reason, most DUI attorneys prefer not to have their clients participate in this phase of the investigation.
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The officer must inform the driver that the test is voluntary and show the test before asking the driver to participate.
The officer must decide whether to arrest or not. If you don’t participate in the road drills, they catch you based on their observations. But they won’t have proof of the test.
As a motorist driving on Florida roads, you agree to provide a breath or urine sample, or both, upon request. An official will read you a warning from the text provided. If you refuse to participate, your license will be automatically suspended for one year for the first refusal and 18 months for the second refusal.
However, if you take a breath test and are over .08, your license will automatically be suspended for six months for a first DUI. Again, this is a situation where DUI attorneys may decide to turn their clients down, knowing that their license is likely to be suspended for some time.
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If you agree to take a breath test, the police will take you to a place where there is a breath test machine. You will be observed for 20 minutes before the test. If you try to trick the machine without blowing it, they will consider it a rejection. If your BAC is below .08, they will ask for a urine sample to test for other substances.
There are many battle-tested defenses that Fort Myers, FL DUI attorneys use to beat charges. Here are some things an experienced criminal defense attorney like Patrick McLane will use to defend his clients:
There are many details that law enforcement must address in order to obtain a DUI conviction, and Fort Myers DUI attorney Patrick McLane must identify only one mistake in order to know the entire case.
Patrick McLain is an experienced criminal defense attorney with many years of experience defending DUI clients. After reviewing your case, a McLane DUI attorney will consider every step. He will then present you with your best legal options. Contact a Fort Myers criminal defense attorney today to fight for your legal rights!. I focus on your case. When you hire me as your criminal defense attorney, I will work to get the result you want.
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Don’t settle for anything less than an attorney who will stand by you throughout your case. Contact me today for help.
Before opening the Law Offices of Robert Siddal, I worked as a prosecutor in the Florida State Attorney’s Office.
With this experience, I will be able to create effective and clear strategies that will benefit you. Let’s go to work.
No matter how serious or small your grievance is, I will fight for your justice. I am ready to challenge the accusation.
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I serve all of Lee County including Fort Myers, Cape Coral, Naples and Lehigh Acres, Florida. Set up a free consultation for your case.
Being charged with a crime is one of the most difficult and terrifying things a person can go through. That’s why I’ve dedicated my legal career to defending those accused of felonies and misdemeanors in Fort Myers, Florida. It is beneficial for you to have a lawyer, especially a former prosecutor. Contact my firm — The Law Offices of Robert Siddal — and schedule your free criminal case consultation.
Before going to law school, I served in the United States Air Force. That experience provided me with the discipline and passion to fight for human rights. Later J.D. from the University of Arkansas William H. Bowen School of Law. During law school, I interned in the Attorney General’s office and then began working as a prosecutor in Florida where I prosecuted hundreds of misdemeanor and felony cases. I soon discovered that I wanted to protect people’s rights and give them the fair justice they deserved, which is why I opened the Law Offices of Robert Siddal. If you or a loved one has been arrested, contact me today.
Thank you for everything you have done for me. I really appreciate it! I couldn’t be happier to have you as my attorney.
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Robert was good at listening to my story and developing a good defense strategy. When it came time to go to court he asked the right questions and made the right statements and I was successful. I’m glad I didn’t try to fight the case alone.
I came to Mr. Siddle after being arrested for drug possession. I have a prescription, but the police don’t care… I’m afraid of going to jail. Mr. Seidl did a great job working with the prosecutor and letting go of everything.
From DUI to assault and battery, I am ready to fight your criminal charges. I am proud to be a full service criminal defense law firm and I will use my insights for you.
To face criminal charges, you need someone who won’t back down in a fight. according to
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