First Offense DUI Attorney in Fort Myers

Former Prosecutor. Two Decades of Defense. Fighting for Fort Myers Since Day One.

A first-offense DUI in Florida is a criminal charge, not a traffic ticket. A conviction under Florida Statute 316.193 means fines, potential jail time, a license revocation of up to one year, and a record that follows you for 75 years. Florida courts don’t extend automatic leniency to first-time offenders, and the process moves fast. You have only 10 days from your arrest to request a formal hearing to challenge the administrative suspension of your driver’s license. Miss that window and the suspension becomes automatic.

Brian L. Edwards is a former Assistant State Attorney who spent years prosecuting cases in Florida before building more than two decades of criminal defense practice serving Fort Myers and Lee County. That background means he knows what the State needs to sustain a DUI charge and where those cases can be challenged. As Max B. noted in a client review, “Brian is one of the area’s best DUI attorneys.”

First-Offense DUI Penalties Under Florida Law

The full range of consequences surprises most people facing a first charge. For a standard first offense, fines run from $500 to $1,000. If your blood alcohol concentration (BAC) was 0.15% or higher, or a minor was in the vehicle, fines climb to $1,000 to $2,000. Jail exposure reaches six months on a standard first offense and nine months in those aggravated scenarios. Probation and incarceration combined can’t exceed 12 months.

The financial and practical consequences extend well beyond the courtroom:

• License revocation: 180 days to one year from the date of conviction
• Community service: 50 mandatory hours, or a $10-per-hour fine substituted by the court
• Vehicle impoundment: 10 days, unless the court dismisses the order because the family has no other means of transportation
• Ignition interlock device (IID): Mandatory for at least six months when BAC was 0.15% or higher or a minor was present; courts may order one in other first-offense cases as well
• FR44 insurance: Required by the Florida DHSMV before license reinstatement, carrying higher liability coverage limits than standard auto insurance

A first-offense DUI is generally a misdemeanor, but the charge can be elevated to a felony if it caused serious bodily injury or resulted in death. Collateral consequences include substantially higher insurance premiums and potential difficulty obtaining professional licenses. A reduction to reckless driving, when achievable, can avoid a formal DUI conviction on the record.

What Happens After a DUI Arrest in Fort Myers

After an arrest by the Fort Myers Police Department or a Lee County Sheriff’s deputy, you’re typically booked at the Lee County Jail, and the procedural clock starts immediately. Arraignment follows at the Lee County Justice Center, where charges are formally read and you enter a plea.

The 20th Judicial Circuit doesn’t operate a formal DUI pretrial diversion program. Defense options in Lee County depend on challenging the evidence, negotiating a reduced charge, or pursuing alternative sentencing. Prosecutors in the 20th Circuit weigh plea decisions based on BAC level, conduct at the time of arrest, and prior record. Brian L. Edwards has practiced in this court system his entire career and knows how those decisions get made.

Body and dash camera footage from Fort Myers stops is part of the evidence record. When that footage shows an officer deviating from required procedure, it can benefit the defense. We request this evidence immediately after being hired.

How We Challenge a First-Offense DUI Charge

Florida defines DUI under Statute 316.193 in two ways: impairment DUI, where the State argues normal faculties were impaired, and per se DUI, where BAC reached 0.08% or higher. The State must prove one of these theories. Having prosecuted DUI cases as an Assistant State Attorney, Brian L. Edwards understands the evidentiary foundations the State relies on and where those foundations can be challenged.

Defense challenges vary by case, but common avenues include:

• Unlawful traffic stop: A stop lacking probable cause can make the arrest and all evidence gathered from it suppressible
• Field sobriety test errors: These tests must follow specific protocols; deviations in administration can be challenged and may lead to evidence being disqualified
• Breathalyzer calibration: Devices must be properly maintained under state regulations; improper calibration is grounds to challenge the result
• Subjective observations: Signs like odor, bloodshot eyes, or slurred speech are officer observations, not measurements, and can be contested
• Medical conditions: Certain conditions can mimic signs of impairment and represent a recognized defense avenue when the facts support it
• Implied consent and refusal: Under Florida’s implied consent law (Statute 316.1932), refusing a chemical test triggers an automatic suspension but may limit the chemical evidence available to the State

We dig into the evidence immediately after being hired and pursue dismissal when the State’s case can’t hold up. When dismissal isn’t available, a reduction to reckless driving is one negotiated outcome we work toward because it carries lesser penalties and can leave no DUI conviction on the record.

Protecting Your Driving Privileges After a Fort Myers DUI Arrest

Florida imposes an administrative license suspension at the moment of arrest, separate from any criminal penalty. Contesting it requires requesting a formal review hearing within 10 days. Let that deadline pass, and the suspension locks in automatically.

For a first offense, a hardship license (also called a business purposes license) may allow driving for work, school, and medical appointments during the suspension period. Eligibility typically opens after 30 days of hard suspension for those who submitted to chemical testing; those who refused may face a longer hard suspension before becoming eligible. Before full reinstatement, the Florida DHSMV requires completion of a Level I DUI education program involving a minimum of 12 hours of instruction. In Lee County, that program is offered through Southwest Florida Safety Council, Inc.

Losing driving privileges carries real practical weight in Fort Myers, where public transit options are limited. We work to protect your ability to drive at every stage of the case, starting with the 10-day hearing request.

Why Brian L. Edwards, Esq. for First-Offense DUI Defense in Fort Myers

Brian L. Edwards prosecuted DUI cases as an Assistant State Attorney before spending more than two decades on the defense side. That combination means he approaches a first-offense DUI charge from both sides of the courtroom. He knows how local prosecutors in the 20th Circuit evaluate cases, what factors drive their decisions, and where the evidence is most vulnerable to challenge.

As a lifetime Lee County resident, he knows the Lee County Justice Center, its judges, and its procedures. The firm was recognized as one of the Best Criminal Defense Attorneys in Fort Myers in both 2020 and 2021, and Attorney Edwards has been featured on CBS, NBC, and the Oxygen Channel. We explain your options in plain language, return calls promptly, and make sure nothing is overlooked before a hearing.

Get a Free Case Evaluation Before the 10-Day Deadline

The window to challenge your license suspension is only 10 days from the date of arrest. Acting quickly creates more options. We offer free case evaluations with no financial obligation and answer questions promptly, often the same day you call.