Drunk Driving/DUI

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Fighting Back Against DUI Charges in Southwest Florida

A DUI charge is one of the most serious traffic-related offenses you can face in Florida. The consequences of a conviction extend far beyond a fine or a court date. You could lose your driver’s license, spend time in jail, pay thousands of dollars in penalties, and carry a criminal record that follows you for decades. Acting quickly and securing experienced legal representation is essential.

At the Law Firm of Scott T. Moorey, our Fort Myers DUI defense lawyers and attorneys provide experienced, dedicated defense for clients throughout Lee, Collier, Charlotte, Hendry and Glades counties. Our law firm understands what is at stake, and we know how to build a defense strategy designed to protect your rights, your license and your future.

Many people arrested for DUI have never been in trouble with the law before. A momentary mistake, misunderstanding or disputed allegation should not define your future. At the Law Firm of Scott T. Moorey, we understand that good people do get arrested, and we are committed to helping clients move forward with confidence and clarity. 

Comprehensive DUI Defense Strategies

Founding attorney Scott T. Moorey has spent nearly 20 years defending the rights of motorists across Southwest Florida. Together with his partner, Lance W. Dunford, he has built a law firm centered on helping people accused of DUI and related criminal traffic offenses navigate the legal system with skilled, experienced counsel by their side.

Our attorneys handle the full range of DUI and criminal traffic charges, including:

Every case begins with a thorough review of the facts. We examine the circumstances of your traffic stop, the methods used to gather evidence and the conduct of law enforcement throughout the process. Because we understand the do’s and don’ts at a traffic stop, we know when an officer may have overstepped legal boundaries and when charges may not hold up in court. If you were wrongfully arrested, our team will work to have the charges dismissed and your record expunged, which is the legal process of removing certain records from public view, wherever possible.

Criminal Penalties for a DUI Conviction in Florida

Florida imposes strict criminal penalties for DUI convictions, and those penalties increase significantly with each subsequent offense. Understanding what you are up against is the first step toward building an effective defense with an experienced DUI defense attorney.

For a first-time DUI conviction, you may face:

  • Fines ranging from $500 to $1,000, or up to $2,000 if your blood alcohol content was 0.15 or higher or if a minor was in the vehicle
  • Up to six months in jail, or up to nine months under aggravating circumstances
  • A minimum of 50 hours of community service
  • Mandatory probation, which is a court-ordered period of supervision instead of or in addition to jail time, not to exceed one year
  • Driver’s license revocation for a minimum of 180 days
  • Mandatory DUI school enrollment and completion
  • Vehicle impoundment for 10 days

Second and third convictions carry progressively harsher penalties, including longer jail sentences, higher fines, extended license revocations and the possibility of ignition interlock device requirements. A felony DUI conviction, meaning a more serious criminal offense that may result in a state prison sentence, can result in up to five years in state prison, fines up to $5,000 and a permanent felony record that affects employment, housing and civil rights long after you have served your sentence.

A conviction for DUI manslaughter carries even more severe consequences, including mandatory minimum prison sentences under Florida’s sentencing guidelines. These are not outcomes you should face without a skilled defense lawyer in your corner. 

Civil Consequences of a DUI in Florida

The criminal justice system is only one front on which a DUI charge can affect your life. Civil consequences can be equally damaging, and in some cases, they can persist long after the criminal case has concluded.

Some of the most significant civil consequences of a DUI conviction include:

  • Increased insurance premiums. A DUI conviction will almost certainly result in your auto insurance rates rising substantially. Some insurers may cancel your policy altogether, requiring you to obtain high-risk coverage at a much greater cost.
  • Civil liability for accidents. If your DUI involved a collision that caused injury or property damage, you may face a civil lawsuit from the other parties involved. Damages in these cases can include medical expenses, lost wages, pain and suffering, and in cases involving serious injury or death, potentially significant financial judgments against you.
  • Professional license consequences. Many licensed professionals, including nurses, teachers, attorneys and contractors, are required to report criminal convictions to their licensing boards. A DUI conviction can result in suspension or revocation of a professional license, which can derail a career.
  • Employment consequences. Employers who conduct background checks may decline to hire, or choose to terminate, individuals with DUI convictions on their records. This is especially true for positions that involve driving, operating machinery or working with vulnerable populations.
  • Immigration consequences. For noncitizens, a DUI conviction can have serious immigration consequences, including potential deportation or denial of naturalization applications.

The civil and collateral consequences of a DUI conviction are often overlooked during the initial shock of an arrest. Our attorneys take a comprehensive view of your case, helping you understand the full picture so you can make informed decisions about your defense. 

Answers to Common DUI Questions

Facing a DUI charge often comes with a flood of questions and uncertainty. Below, we have answered some of the most common questions our clients ask when they first come to us. 

Not every DUI conviction results in a license suspension or revocation, but many do. Your license may be revoked if your case involves any of the following:

  • A DUI resulting in bodily injury, manslaughter or vehicular homicide
  • A second DUI within five years of a prior conviction
  • A third DUI within 10 or more years of your previous conviction
  • A fourth conviction, regardless of when prior offenses occurred

Any of these circumstances can result in a minimum revocation period ranging from 180 days to three years. In the most serious cases, permanent revocation is possible. A DUI defense lawyer can help you understand whether a license suspension or revocation may apply in your case. 

Most first- and second-time DUI charges in Florida are classified as misdemeanor offenses. However, you may face a felony DUI charge if it is your third offense within 10 years of your second conviction, or if the incident involved bodily injury or death. Felony charges carry significantly more severe penalties and long-term consequences than misdemeanor offenses. 

Yes. Under Florida law, probation is a mandatory component of every DUI conviction. Judges do not have discretion to waive this requirement. If you are convicted, probation will be part of your sentence regardless of the circumstances. 

In certain situations, your defense attorney may be able to negotiate a lesser charge with the prosecutor’s office. If the evidence against you is insufficient to support a DUI conviction, the state may agree to pursue a reduced charge such as reckless driving. A reduced charge can carry meaningfully different consequences, making this an important avenue to explore with your attorney. 

Florida has one of the strictest laws in the country regarding DUI records. A DUI conviction will remain on your criminal record for 75 years, and Florida law does not allow for expungement of a DUI conviction. This makes it critically important to challenge the allegations before a conviction occurs rather than attempting to address the record after the fact. 

The steps you take in the hours and days following a DUI arrest can significantly affect the outcome of your case. You should avoid making statements to law enforcement without an attorney present, document everything you remember about the stop and arrest as soon as possible, and contact an experienced DUI defense attorney right away. Time-sensitive deadlines, including the 10-day window to request a formal review hearing to challenge your license suspension, make prompt action essential.

Speak With a DUI Defense Attorney Today

A DUI arrest can leave you feeling overwhelmed, uncertain and worried about what comes next. You do not have to navigate the process on your own. The attorneys at the Law Firm of Scott T. Moorey help people throughout Southwest Florida understand their options, protect their rights and make informed decisions about their future.

Whether you are facing a first-time DUI charge, a repeat offense or a felony allegation, our law firm is prepared to review your situation and provide honest guidance about the road ahead.

Contact our DUI defense attorneys online to schedule your free consultation. We serve clients throughout Lee, Collier, Charlotte, Hendry and Glades counties from our offices in Fort Myers, Naples, Punta Gorda and LaBelle.