Car Accident Lawyer Answers: Is Drunk Driving a Felony in Fort Myers?
Many people believe that it is safe to drive after a few drinks, but sometimes, it's difficult to tell just how inebriated one is. Even a few alcoholic beverages can impair judgment, reaction speed, and memory. Drunk driving often comes with severe consequences for both the impaired person and others on the road.
If the police have arrested an individual for driving under the influence (DUI), the individual may want to know whether they are facing felony charges. The Law Offices of Marc L. Shapiro, P.A. answers, "Is drunk driving a felony?" and explains what to do when facing these charges.
Misdemeanor DUI
If an individual has no prior DUI convictions, they typically face misdemeanor charges for a DUI, which usually involves:
- Paying fines
- Going to rehab
- Performing community service
- Spending some time in jail, depending on the severity of the charge.
Penalties depend on whether the charge is a first-degree or second-degree misdemeanor. If an individual caused an accident involving property damage or personal injury, they may be charged with a first-degree misdemeanor, even for a first DUI offense.
For a first offense without property damage or injury, an individual may be charged with a second-degree misdemeanor. Penalties can increase if the individual has a BAC of at least 0.15% or has a minor in the car at the time of the accident.
Penalties for both types of misdemeanor are as follows:
- First-degree misdemeanor: $1,000 fine, one year of probation, or up to one year of jail time
- Second-degree misdemeanor: $500 fine, six months of probation, or up to 60 days in jail
Felony DUI
Is drunk driving a felony in Fort Myers? Sometimes, it can be. If an individual incurs a third DUI charge within 10 years, they will be charged with a third-degree felony, which comes with a fine of up to $5,000 and up to five years in jail.
Even first-time DUIs can lead to felony charges if the accident seriously injures or kills someone. If the accident killed a person (including an unborn child), that is classified as DUI manslaughter or vehicular homicide. This second-degree felony is punishable by a fine of up to $10,000 and up to 15 years in prison. The court may also order the drunk driver to pay restitution to the victim's family.
The harshest penalties come when a drunk driver flees the scene of an accident without rendering aid to the victim. This is a first-degree felony punishable by a fine of up to $10,000 and up to 30 years in prison.
What Should Individuals Do If They Are Facing DUI Charges?
The Law Offices of Marc L. Shapiro, P.A. encourages anyone arrested for DUI to retain an attorney. An attorney can discuss options, such as requesting a trial or making a plea bargain for a lesser charge.
Individuals face an uphill battle if they wish to fight the charges against them. A BAC test over .08% (or .02% if the person is under 21) is enough for a DUI charge, even if the person did not appear impaired at the time of the accident.
In rare cases, it may be possible to have the charges dismissed. An attorney can challenge a drunk driving offense by:
- Challenging conditions at the time of arrest
- Challenging the use of field sobriety tests
- Challenging the way the officer handled the stop
The Law Offices of Marc L. Shapiro, P.A. Help Clients Fight DUI Charges
Is drunk driving a felony in Fort Myers? If an individual has multiple DUI convictions or caused an accident that seriously injured someone, the answer may be yes.
The Law Offices of Marc L. Shapiro, P.A. has served the Fort Myers area since 1992. Call (239) 500-5000 for a consultation regarding DUI charges in Florida.
