Cape Coral DUI & Criminal Defense Attorneys

Knowledgeable & Skilled Legal Representation

Being charged with DUI or another crime can be a disheartening situation. Lusk, Drasites & Tolisano understands what may be at stake for you. Our Cape Coral criminal defense attorneys have vigorously represented hundreds of clients. We also know local law enforcement and court systems.

Combined with extensive trial credentials and witness resources, our defense attorneys provide clients with aggressive representation. We hold law enforcement and prosecutors accountable when you may have been wrongfully accused or your rights may have been violated to ensure your best possible outcome.

In DUI cases, the police must have had a valid reason to stop your vehicle and probable cause to begin a DUI investigation. Our DUI attorneys investigate the proper administration of any breathalyzer test and field sobriety exercise. If improper conduct is found, then evidence against you can be thrown out of court or your DUI charges could be dismissed.

Contact us today at (239) 908-4930 to request a free consultation with our criminal defense lawyers in Cape Coral, FL.

Criminal Laws in Florida

What is a Crime?

In Florida, a criminal offense refers to any act or omission that violates the state's criminal laws. These offenses are classified into two main categories: misdemeanors and felonies.

Common types of misdemeanors include:

  1. Second-degree misdemeanor: This includes offenses such as simple assault, petty theft (value less than $100), disorderly conduct, and possession of marijuana (20 grams or less).
  2. First-degree misdemeanor: Examples of offenses in this category include DUI (Driving Under the Influence) without property damage, domestic violence battery (first offense), and possession of marijuana (more than 20 grams but less than 25 pounds).

Common types of felonies include:

  1. Third-degree felony: Crimes like possession of a controlled substance (other than marijuana), grand theft (value between $750 and $20,000), and aggravated assault.
  2. Second-degree felony: Examples include burglary of an unoccupied structure, aggravated battery, and drug trafficking (certain quantities).
  3. First-degree felony: This category includes offenses such as armed robbery, sexual battery, and murder.

Florida also has a special category of offenses called capital felonies, which are punishable by death or life imprisonment without parole. These offenses include first-degree murder with certain aggravating circumstances.

Potential Criminal Penalties in Florida

the potential penalties for a criminal conviction depend on several factors, including the nature and severity of the offense, the defendant's criminal history, any aggravating or mitigating circumstances, and whether the offense is classified as a misdemeanor or felony. Here's an overview of potential penalties:

Misdemeanor penalties:

  • Second-degree misdemeanor: Up to 60 days in jail, a fine of up to $500, or both.
  • First-degree misdemeanor: Up to one year in jail, a fine of up to $1,000, or both.

Felony penalties:

  • Third-degree felony: Up to five years in prison, a fine of up to $5,000, or both.
  • Second-degree felony: Up to 15 years in prison, a fine of up to $10,000, or both.
  • First-degree felony: Up to 30 years in prison, a fine of up to $10,000, or both.

Capital Felonies: Capital felonies are punishable by death or life imprisonment without parole.

In addition to incarceration and fines, other potential penalties for a criminal conviction in Florida may include:

  • Probation: The court may impose probation instead of or in addition to incarceration. Probation typically involves supervision by a probation officer and compliance with specific conditions, such as regular check-ins, drug testing, community service, or participation in rehabilitation programs.
  • Restitution: If the victim suffered financial losses as a result of the offense, the court may order the defendant to pay restitution to compensate the victim for medical expenses, property damage, lost wages, or other economic losses.
  • Community Service: The court may order the defendant to perform a certain number of hours of community service as part of their sentence.
  • Driver's License Suspension: Convictions for certain offenses, such as DUI or drug-related offenses, may result in the suspension or revocation of the defendant's driver's license.
  • Mandatory Minimum Sentences: For certain felony offenses, Florida law mandates minimum prison sentences that must be imposed upon conviction, regardless of mitigating circumstances.

Florida DUI Laws

Driving under the influence (DUI) means operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both to the extent that one's normal faculties are impaired or with a blood alcohol concentration (BAC) of 0.08% or higher.

Therefore, the legal limit for blood alcohol concentration (BAC) in Florida is 0.08%. If a driver's BAC level is found to be at or above this limit, they can be charged with DUI.

However, the state has a zero-tolerance policy for underage drinking and driving. Drivers under the age of 21 can be charged with DUI for any detectable amount of alcohol in their system.

Drivers are considered to have given their implied consent to submit to chemical testing (such as breath, blood, or urine tests) if lawfully arrested for DUI. Refusal to submit to such testing can result in administrative penalties, such as the suspension of the driver's license.

Penalties for DUI convictions in Florida can vary depending on factors such as prior DUI offenses, the driver's BAC level, and any aggravating circumstances. Typical penalties may include fines, license suspension, probation, mandatory alcohol education or treatment programs, community service, and in some cases, incarceration.

Why Choose Us?

At Lusk, Drasites & Tolisano, we play a crucial role in helping individuals facing DUI and criminal charges navigate the legal process and advocate for their rights. 

Here's how we can assist:

  • Legal Representation: Our team provides legal representation to individuals charged with DUI and criminal offenses. This includes advising clients on their rights, evaluating the strengths and weaknesses of their case, and developing a strategic defense strategy tailored to their unique circumstances.
  • Case Evaluation: We thoroughly review the details of the case, including police reports, witness statements, and evidence, to identify any potential legal issues or defenses that could be raised on behalf of the client.
  • Negotiation with Prosecutors: Our lawyers engage in negotiations with prosecutors to seek favorable plea agreements or reduced charges, if possible. This may involve advocating for diversion programs, probation, reduced fines, or alternative sentencing options.
  • Court Representation: We represent clients in court proceedings, including arraignments, pre-trial hearings, and trial. Our attorneys are experienced in presenting compelling arguments, cross-examining witnesses, and advocating for our clients' interests in front of judges and juries.
  • Legal Research and Analysis: We conduct thorough legal research and analysis to ensure that our clients' rights are protected and that all relevant laws and precedents are considered in their case.
  • Explaining Legal Options: Our firm provides clear and comprehensive explanations of the legal options available to our clients, helping them make informed decisions about how to proceed with their case.
  • Support and Guidance: We offer support and guidance to our clients throughout the legal process, addressing their concerns, answering their questions, and keeping them informed about the status of their case.
  • Appeals and Post-Conviction Relief: If a client is convicted, we can assist with the appeals process or seek post-conviction relief, such as sentence modifications or record expungement, where applicable.

The sooner you hire one of our criminal attorneys, the more effective we can be in assessing evidence, video, witness testimony, and law enforcement reports. Our Cape Coral criminal defense lawyers understand the stress and uncertainty that come with facing criminal charges, and we are dedicated to providing skilled and compassionate legal representation every step of the way.

If you or a loved one has been arrested or charged with a criminal offense and need the help of a Florida criminal defense attorney, call us toll-free at (239) 908-4930.

Client Testimonials

  • "Answering all my questions and making me feel very important."
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  • "Highly recommend."
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  • "There isn't enough stars for me to give."
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Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.

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