Sobriety tests are rendered when a law enforcement officer has reason to believe that an individual has been operating their vehicle while under the influence of drugs and/or alcohol. Typically, an officer may have an individual participate in a series of field sobriety tests to see how they perform and if their behavior indicates they may have been drinking. These tests include:

  • The horizontal gaze nystagmus (HGN)
  • The Walk-and-Turn (WAT)
  • The One-Leg Stand (OLS)

If an officer finds it is necessary to do so, he/she will then request that the driver submits to a breathalyzer test which is used to measure a person’s blood alcohol concentration (BAC) level. An individual is said to be driving over the legal limit if their BAC level registers as 0.08% or higher. The limit is reduced to 0.04% for individuals who operate commercial motor vehicles. If an individual fails the field sobriety tests and either has a BAC level of 0.08% or higher or refuses to submit to a breathalyzer test, they will likely be charged with DUI.

It is worth noting that individuals who have a BAC that is lower than the legal limit of 0.08% are also at risk of being charged with DUI if an officer suspects they are impaired and pose as a safety risk.


What happens after an individual has been charged with DUI in Fort Myers?


After an individual has been charged with DUI in Florida, they will likely be arrested, taken to the local jail, and their driver’s license will be taken from them. They should then receive a temporary driving permit. It is important for individuals to understand that at this point, while they have been charged with DUI, they haven’t yet been convicted of the crime.

Sometimes after an individual has been booked into jail, they may be released on bail, or on their own recognizance until their trial date. If a driver has been charged with vehicular manslaughter or this isn’t their first DUI charge, their bond amount may be higher, or a judge may choose not to offer them the option of bailing out. Now, before an individual appears for trial, they will want to consider retaining a Fort Myers, FL DUI lawyer.


The Benefits of Hiring a Fort Myers, FL DUI Defense Lawyer After Being Charged with DUI


There are times when an individual might find themselves in the unfortunate position of having to drive themselves home after having consumed alcohol. This often happens when they don’t have anyone they can depend on, cannot afford to schedule a rideshare, etc. If a driver was caught operating their vehicle while under the influence in Fort Myers, FL, they should consider contacting a FL DUI lawyer as soon as possible.

A Fort Myers, FL DUI attorney will be able to help them understand the charges they are up against, the penalties they might be facing, and what their legal options are (e.g. how they should plead). If an individual would like to be connected with a DUI law firm in Fort Myers, FL, they can call Robert Foley Law Firm at (239) 690-6080. Going into a DUI case alone is never advisable as an individual is unlikely to know what their legal rights are as well as the laws that can be used to protect them.

Thankfully, the DUI lawyers at Robert Foley Law Firm do and are available to provide legal representation to those who have been charged with DUI in Fort Myers.


Robert Foley Law Firm is located at:


2259 Cleveland Avenue
Fort Myers, FL 33901

Phone: (239) 690-6080


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