Being arrested for DUI in Cape Coral is a stressful and life-changing experience. A conviction in Florida can lead to heavy fines, loss of your driver’s license, increased insurance rates, and even jail time. Beyond the penalties, it can affect your job, family, and reputation in the community.

Most DUI cases in Cape Coral are handled through the Lee County Justice Center in Fort Myers, where prosecutors pursue charges aggressively under Florida’s strict DUI laws. Our Orlando Criminal Team understands how high the stakes are and is committed to protecting your rights, challenging the evidence against you, and guiding you through every step of the process.

Why Choose a Cape Coral DUI Attorney

When you are charged with DUI in Cape Coral, having a skilled defense attorney on your side is essential. Florida’s DUI laws are complex, and cases often hinge on the smallest details. At Orlando Criminal Team, we know how to identify weaknesses in the prosecution’s case and use them to your advantage.

  • Challenging Traffic Stops & Arrests: We examine whether the initial stop was lawful and whether officers followed proper procedure during your arrest. Any errors can be used to suppress evidence.
  • Breathalyzer and Chemical Test Defense: Breath tests and blood tests are not always reliable. We look for calibration issues, medical conditions, or improper administration that may have skewed results.
  • Negotiating With Prosecutors: Many DUI cases in Lee County are resolved through negotiations. We work to reduce charges, minimize penalties, or secure alternatives such as diversion programs.
  • Defending Your Case at Trial: If your case proceeds to trial, we build a defense strategy tailored to your situation, cross-examining witnesses, challenging test results, and presenting evidence on your behalf.
  • Post-Conviction Relief & License Reinstatement: Even after a conviction, options may remain. We help pursue appeals or fight for license reinstatement so you can get back on the road.

Understanding DUI Charges in Cape Coral

Driving under the influence in Cape Coral carries serious consequences, not just legally, but for your personal and financial well-being as well. According to Gulf Coast News, there have already been 253 DUI arrests this year alone in Cape Coral, averaging more than one DUI arrest per day in the city so far. This highlights how common these charges are and why swift, knowledgeable legal action matters.

Florida DUI Law & Penalties

Under Florida Statutes §316.193, you can be charged with DUI if your blood alcohol concentration (BAC) is 0.08% or higher, or if your normal faculties are impaired due to alcohol or drugs.

Penalties in Cape Coral (Lee County) include:

  • First Offense: Up to 6 months in jail, fines from $500–$1,000, and a license suspension of up to 6 months, possibly with ignition interlock installation.
  • Second Offense: Felony charges if within ten years, with jail time up to 9 months, fines up to $2,000, license revocation for 5 years, and ignition interlock requirement.
  • Third or Later: Charged as a felony, punishable by prison time (up to 5 years for third-degree felony), extended license revocation (up to 10 years), and vehicle impoundment.
  • Aggravating Factors: Higher BAC (0.15%+), DUI involving minors, or causing accidents elevate penalties further, including enhanced criminal charges and longer incarceration.

Local DUI Incident Trends

Cape Coral police conducted a citywide impaired-driving operation, Buzzed Driving is Drunk Driving, which issued numerous citations and one DUI arrest, underscoring active local enforcement efforts. Additionally, multiple high-profile DUI incidents (like crashes into a canal or reckless driving on Cultural Park Boulevard) draw community concern and media attention, making local visibility of DUI enforcement more acute.

Process in Cape Coral / Lee County

DUI cases are processed at the Lee County Justice Center in Fort Myers, even if the incident occurs in Cape Coral. Typical steps include:

  • Arrest & Booking at the Lee County Jail, under the Lee County Sheriff’s Office.
  • Arraignment at the Justice Center to enter a plea.
  • Pretrial Motions such as challenging breath test accuracy or legality of the traffic stop.
  • Trial or Plea Negotiation, depending on case specifics.
  • Sentencing in compliance with Florida DUI guidelines.

Administrative Driver’s License Action

Separately, the Florida Highway Safety and Motor Vehicles (FLHSMV) can suspend your license immediately after a DUI arrest. You have 10 days to request a formal review to challenge this administrative suspension; if missed, the suspension becomes effective automatically.

Common DUI Scenarios We Defend in Cape Coral

Our Orlando Criminal Team knows that every DUI case is different. Many arrests happen late at night, near popular dining and entertainment areas, or during traffic enforcement operations run by the Cape Coral Police Department. Here are some of the most common DUI situations we defend:

First-Time DUI

For many people, a DUI is their first encounter with the criminal justice system. While penalties may be lighter, the consequences, such as license suspension and a permanent criminal record, can still be life-changing. We focus on negotiating for reduced penalties or diversion programs.

Repeat DUI Offenses

Florida imposes harsher penalties for second and subsequent DUI arrests, especially if they occur within five years. Repeat offenders face longer jail sentences, steep fines, and extended license suspensions.

Underage DUI

Florida has a strict zero-tolerance law for drivers under 21. A BAC of just 0.02% or higher can result in an immediate license suspension. We help young drivers protect their futures by challenging the evidence and working toward reduced consequences.

DUI With Accident or Injury

When an accident occurs, charges can escalate quickly. If someone is injured or killed, a DUI can be charged as a felony with severe prison time and permanent license revocation. We investigate carefully to challenge evidence and mitigate outcomes.

High BAC DUI

Drivers with a BAC of 0.15% or higher face enhanced penalties, including longer jail sentences, higher fines, and mandatory ignition interlock devices.

Refusal to Submit to Testing

Florida’s implied consent law means that refusing a breath, blood, or urine test can result in an automatic license suspension. Multiple refusals may also lead to additional criminal charges.

Why Choose Orlando Criminal Team for Your DUI Defense?

A DUI arrest can feel overwhelming, but the right Cape Coral criminal defense attorney can make all the difference. At Orlando Criminal Team, we don’t just know Florida DUI law; we know how cases move through Lee County courts and how local enforcement shapes DUI prosecutions.

Local Court Experience

Our attorneys regularly represent clients at the Lee County Justice Center in Fort Myers, where Cape Coral DUI cases are processed. We understand the tendencies of local judges and prosecutors, and we tailor defense strategies to fit the practices of the court.

Knowledge of Local Enforcement Patterns

Cape Coral police frequently conduct DUI checkpoints and late-night enforcement operations near busy corridors like Del Prado Boulevard, Pine Island Road, and Cultural Park Boulevard. Knowing how these arrests typically occur allows us to identify weak spots in traffic stops and officer procedures.

Community Understanding

Cape Coral is one of the fastest-growing cities in Florida, with a mix of retirees, young families, and seasonal visitors. This diversity affects jury pools and how cases are viewed by the community. Our defense strategies are designed to connect with jurors and highlight mitigating factors that resonate with local perspectives.

Protecting More Than Just Your Case

A DUI conviction affects more than your driving record; it impacts employment, insurance, and even housing opportunities. We focus on outcomes that protect your ability to work, provide for your family, and maintain your future opportunities. In many cases, we explore alternatives such as diversion programs or treatment options to minimize long-term consequences.

What to Do After a DUI Arrest in Cape Coral

An arrest for DUI can be overwhelming, but what you do immediately afterward can make a huge difference in your case. Following the right steps will protect your rights and give your attorney the best chance to defend you.

Stay Calm and Cooperative

Even if you believe the arrest was unfair, avoid resisting. Under Florida Statutes §843.02, resisting an officer, even without violence, can result in an additional criminal charge.

Invoke Your Right to Remain Silent

You do not have to answer questions about your case. Politely state: “I am invoking my right to remain silent and would like to speak with an attorney.” This right is protected under the Fifth Amendment and Miranda v. Arizona.

Request an Attorney Immediately

You have the right to legal counsel under the Sixth Amendment. If you cannot afford a lawyer, you may request a public defender at arraignment. Learn more through the Florida Public Defender Association.

Do Not Discuss Your Case

Anything you say outside of your attorney can be used against you. Calls and visits at the Lee County Jail may be monitored. Limit conversations strictly to your lawyer.

Pay Attention to Details

Take note of officer names, locations, times, and witness information. These details may help your attorney challenge the stop or the procedures used during your arrest.

Request a License Hearing Within 10 Days

After a DUI arrest, the Florida Highway Safety and Motor Vehicles (FLHSMV) automatically suspends your driver’s license. You have only 10 days to request a formal review hearing to challenge the suspension. If you miss this deadline, your license will be suspended even if your criminal case is later dismissed.

Arrange for Bail or Pretrial Release

Most DUI defendants are eligible for bail under Florida Statutes §903. In Lee County, you or your attorney can also request pretrial release conditions, which may include check-ins or monitoring instead of full bail.

Prepare for Court

Cape Coral DUI cases are handled at the Lee County Justice Center in Fort Myers. Work closely with your attorney to prepare documents, gather witnesses, and present yourself appropriately at each hearing.

Cape Coral DUI FAQ

Will I lose my license right after a DUI arrest in Cape Coral?

Yes. After a DUI arrest, the Florida Highway Safety and Motor Vehicles (FLHSMV) issues an immediate administrative suspension of your license. You have just 10 days to request a formal review hearing. Many Cape Coral residents don’t realize this process is separate from the criminal case in Lee County courts.

What are the penalties for a first-time DUI in Cape Coral?

In Lee County, a first offense can result in fines of $500–$1,000, up to six months in jail, license suspension for six months, and community service. Judges at the Lee County Justice Center may also order DUI school or an ignition interlock device, depending on your BAC.

Can I refuse a breathalyzer test in Cape Coral?

Yes, but refusing has serious consequences under Florida’s implied consent law. A first refusal leads to a one-year license suspension, a second refusal is a misdemeanor charge and carries an 18-month suspension. Cape Coral police officers are trained to warn drivers of these consequences during an arrest.

How long will a DUI stay on my record in Florida?

A DUI conviction in Florida remains on your record for 75 years, essentially making it permanent. Unlike other offenses, DUI convictions cannot typically be sealed or expunged under Florida Statutes §943.0585.

Where will my DUI case be heard if I’m arrested in Cape Coral?

All Cape Coral DUI cases are prosecuted in Lee County courts, with hearings at the Lee County Justice Center in Fort Myers. Some initial matters, like booking and bail, are handled through the Lee County Jail, but your formal court appearances take place at the Justice Center.

What if I’m under 21 and charged with DUI in Cape Coral?

Florida enforces a zero-tolerance policy for underage drivers. A BAC of just 0.02% can result in an immediate administrative suspension by FLHSMV. College students in Cape Coral and nearby Fort Myers often face these charges, and early legal intervention is critical to protecting their future opportunities.

Contact Our Cape Coral DUI Law Firm Today

If you’ve been arrested for DUI in Cape Coral, you cannot afford to wait. Florida’s DUI laws are strict, and prosecutors in Lee County courts pursue these cases with great diligence. Acting quickly can mean the difference between reduced charges, a dismissed case, or harsh penalties that follow you for years.

Our Orlando Criminal Team is ready to stand by your side. Our attorneys understand how DUI cases are handled at the Lee County Justice Center, and we know how to effectively challenge the evidence, protect your rights, and advocate for your future. Call us today at (239) 332-0430, complete our online contact form, or use our live chat to schedule your free consultation with a Cape Coral DUI lawyer.

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