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Understanding DUI And Habitual DUI Charges

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Last updated on April 17, 2025

One of the hardest things about a drunk driving or a driving under the influence (DUI) charge is not knowing what is going to happen and having no idea how to fight a charge. Most people have no understanding of how the legal process works. However, the prosecution does, and they will use this to their advantage.

At the Law Firm of Scott T. Moorey, our two-attorney defense team understands how the legal process works too, and we will make sure you understand your rights and options from beginning to end. We will use our skill and knowledge to help you build the strongest possible defense against drunk driving charges so you can protect your driving privileges, your job and your future freedoms. 

Under Florida Statute 316.193, a person commits DUI if they operate a vehicle with a blood alcohol concentration (BAC) of .08% or higher or while impaired by alcohol, controlled substances or other chemicals. Penalties increase with repeated offenses, aggravating factors and prior convictions, resulting in harsher legal consequences for offenders.

Build a strong defense. Protect your future. Contact us online or call 239-275-5552 for a free consultation. The Law Firm of Scott T. Moorey has the knowledge and experience you need to get drunk driving charges reduced, dropped or dismissed. Based in southwest Florida, we serve Lee, Collier, Charlotte, Hendry, and Glades counties. 

We Pursue Every Avenue To Give You The Best Defense

At the Law Firm of Scott T. Moorey, our legal team will comb through every piece of evidence and testimony that led to your drunk driving arrest. We will search for weaknesses in the prosecution’s case. If they are there, we will find them. The burden is on the state to prove guilt, not on us to prove innocence.

We will advise you on all issues that may confront you, including whether your case is strong enough to take to trial. We are not afraid to ask the hard questions such as:

  • Was the stop legal?
  • Was someone else in the car drinking, not you?
  • Were the field sobriety and breath alcohol testing techniques used by the law enforcement officer consistent with his or her training?
  • Did the police officer overstep his or her boundaries in any way?
  • Was excessive force used on you?
  • Was implied consent read to you?
  • Were you told you have a right to an attorney?
  • Did the police have probable cause to search your vehicle? 

Habitual DUI Charges And Losing Your License

In Florida, a first-time DUI conviction can lead to the revocation of your license for up to a year, while a habitual DUI conviction can mean losing your driving privileges for the rest of your life.

Handling a DUI charge on your own, especially one as severe as a habitual DUI, can be risky. Most people wouldn’t know how to ensure the protection of their rights or develop a defense strategy that could get the charges against them reduced, dropped or dismissed, much less the rules of criminal procedure or courtroom etiquette, but we do.

Our Team Has The Experience To Put Up A Strong Fight For You

The Law Firm of Scott T. Moorey has been fighting DUI charges in courts throughout southwest Florida since 1998. We understand the ways that prosecutors look at these cases, we understand drunk driving laws and we know how to protect your rights.

We will vigorously fight for your rights. Our DUI lawyers will clearly explain your situation and the options that are available to you. This will enable you to make informed decisions about how you wish for us to handle your defense. 

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Talk To A Dedicated, Trustworthy Defense Attorney Today

Whether this is your first DUI charge or you are a habitual offender facing a felony for a repeat offense, you do not have to fight the criminal justice system alone. Contact us to speak with one of our skilled defense lawyers today. Send us an email or call 239-275-5552 for a free initial consultation. Our attorneys can help you understand your rights and your options. We serve Lee, Collier, Charlotte, Hendry, and Glades counties and have offices in Fort Myers, Naples and Punta Gorda and LaBelle.

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239-275-5552