The Penalty for Driving While Intoxicated (DWI) in Cape Coral, Florida

Information may not be reliable

What are the DWI charges? According to Florida Law, any person is not allowed to drive or to be in actual physical control of a vehicle whole:

• He or she has a blood alcohol concentrate of .08% or more; or,
• He or she is under the influence of alcohol, illegally controlled substances, or harmful substances.

When talking about being “under the influence” a DWI attorney would explain it as impairment to the extent that the person is deprived of his or her full possession of normal faculties while handling a vehicle. The law, however, only requires that the blood alcohol concentrate of .08% or more be found in an accused before he or she can be charged. If one is driving a commercial vehicle, it is even lowered to .04%.

So what are the possible DWI charges if you are found guilty?

For first offenses, a driving under the influence charge can give you one-year probation and 50 hours of community service. Offenders are also eligible for what they call a diversion program where many can avoid most of the consequences of a DUI conviction.

For second offenses, you will receive a mandatory ten days in jail and a 30-day car impoundment. The driver's license of the offender will also be revoked for a minimum of five years. You can only be given a restricted license after one year of enrollment in a substance abuse education course.

For third offenses, you will be subjected to at least 30 days in jail, 90-day car impoundment, and a minimum of 10 years revocation of driver's license. You can only get a restricted license after one year, but you must remain under the DUI supervision program in order to avail.

Besides this, getting into a DUI accident will cause you to pay monetary penalties (from $1,000 to $10,000 fine) and suffer longer jail time (from one year to 15 years in prison) depending on the gravity of the accident.

Looking for a DWI attorney? Try calling Peter M. Dennis Law P.A. at (239) 800-0399 or contact here for a free initial consultation for clients in Fort Myers, Cape Coral, and Lehigh Acres Florida.