Cape Coral DUI & Criminal Defense Attorneys

DUI & Criminal Defense in Cape Coral Since 1982

A DUI charge in Cape Coral carries consequences that extend well beyond the courtroom: fines, license suspension, probation, mandatory DUI school, and potential jail time, plus long-term effects on employment and insurance. Lusk, Drasites & Tolisano has defended clients against DUI and criminal charges in the Lee County court system since 1982, giving our attorneys familiarity with local law enforcement and the 20th Judicial Circuit. We’ve vigorously represented hundreds of clients facing these charges, and we know how to build a defense that stands up to scrutiny.

A DUI arrest is not a conviction. The state must prove every element of the charge beyond a reasonable doubt, and our attorneys hold law enforcement and prosecutors accountable when evidence has been gathered improperly or your rights have been violated.

In DUI cases, the police must have a valid reason to stop your vehicle and probable cause to begin a DUI investigation. Our DUI attorneys examine whether the officer had probable cause, as well as the proper administration of any breathalyzer test and field sobriety exercise. If improper conduct is found, then evidence against you may be thrown out of court or your DUI charges may be reduced or dismissed, depending on the facts.

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

DUI Charges We Defend in Cape Coral

Florida DUI law covers a wide range of situations, and the specific charge you face shapes the defense strategy. Our attorneys handle DUI cases prosecuted in Lee County, including:

• First-time DUI offense: Charged under Florida Statute 316.193, typically a misdemeanor with mandatory fines, license suspension, and DUI school.
• Repeat DUI charges: A second or third DUI within a specified lookback period triggers enhanced penalties, including longer suspension periods and mandatory ignition interlock requirements.
• Extreme DUI: A BAC of 0.15% or higher carries enhanced fines and other penalties under Florida law.
• DUI with a minor in the vehicle: The presence of a passenger under 18 is an aggravating factor that increases penalties even on a first offense.
• DUI involving property damage, injury, or death: These charges can be elevated to felony level, including DUI manslaughter, which carries serious prison exposure.
• Refusal to submit to chemical testing: Under Florida’s implied consent law and Trenton’s Law (effective October 1, 2025), refusing a lawful breath or urine test after a DUI arrest is now a criminal offense. A first refusal is a second-degree misdemeanor, and a second or subsequent refusal is a first-degree misdemeanor, on top of an administrative license suspension that applies regardless of any criminal proceeding.
• Drug-related DUI: Impairment by controlled substances or prescription drugs is prosecuted under the same statute as alcohol-related DUI, with similar consequences.

What Is a Crime?

In Florida, a criminal offense is 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: Offenses such as simple assault, petty theft (value less than $100), and disorderly conduct.
2. First-degree misdemeanor: Examples include DUI charges (Driving Under the Influence) without property damage, first-offense domestic violence battery, and possession of marijuana (20 grams or less).

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: Offenses such as burglary of an unoccupied structure, aggravated battery, and certain drug trafficking cases.
3. First-degree felony: Serious offenses including armed robbery, sexual battery, and murder.

Florida also recognizes 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. Below is 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. Florida’s DUI statute is Chapter 316.193 of the Florida Statutes.

The legal BAC limit is 0.08% for most drivers. Florida enforces a zero-tolerance policy for drivers under 21, who can face DUI charges for a BAC of 0.02% or above. Commercial drivers face a stricter limit of 0.04%.

Under Florida’s implied consent statutes (316.1932, 316.1933, and 316.1934), drivers who are lawfully arrested for DUI are deemed to have consented to breath, blood, or urine testing. Refusal to submit triggers an administrative license suspension independent of any criminal proceeding. Under Trenton’s Law, effective October 1, 2025, refusing a lawful breath or urine test is also a criminal offense: a second-degree misdemeanor for a first refusal and a first-degree misdemeanor for a second or subsequent refusal.

Penalties for DUI convictions in Florida vary based on prior offenses, BAC level, whether a minor was in the vehicle, and whether the incident involved property damage, injury, or death. Typical consequences include fines, license suspension, probation, mandatory DUI school, community service, and in some cases incarceration.

Why Choose Our Cape Coral DUI Defense Attorneys?

Our firm has practiced in Cape Coral since 1982, which means our attorneys know Lee County law enforcement and the 20th Judicial Circuit. That local familiarity shapes how we approach every DUI case, from evaluating the lawfulness of the initial traffic stop to scrutinizing breathalyzer calibration records and how field sobriety exercises were conducted.

As a full-service Cape Coral law firm, we can handle DUI & Criminal Defense matters that extend into other areas of law without requiring you to find separate counsel. If your DUI arrest connects to license reinstatement issues, employment concerns, or other legal complications, we address them under one roof. We’ve vigorously represented hundreds of clients in DUI and criminal defense matters, and the sooner you contact us after an arrest, the more effectively we can preserve and assess evidence, dashcam and bodycam footage, witness accounts, and law enforcement reports. Free consultations are available.

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.

Helpful Resources

• Official website of the City of Cape Coral, providing information on local government services, resources, and community programs.
• Florida Department of Health’s official website, offering resources on health, safety, and legal information for residents, including DUI laws and penalties.
• Florida Highway Safety and Motor Vehicles site, which provides information on DUI laws, driver’s license regulations, and safety resources.