Florida DUI Defense Attorney Protecting Your Rights And Your Future
Last updated on January 19, 2026
A DUI arrest can threaten your license, your reputation and your career. The consequences reach beyond fines and court dates; they can affect your insurance, employment and freedom.
At the Lee Viacava Law Firm, we understand how overwhelming this experience feels. Attorney Lee Viacava uses his more than 18 years of criminal defense experience to help clients throughout Southwest Florida navigate DUI charges with confidence and clarity.
Understanding The Consequences For DUI In Florida
Penalties in Florida may include the following but are not limited to:
- Jail time
- Probation
- License revocation
- Vehicle impoundment
- Ignition interlock device
- Community service
- Substance abuse evaluation
- DUI school
- Fines
- Court costs
- Victim impact classes
Even a first-time DUI can have long-lasting effects on your driving privileges and professional life. The right legal representation can help minimize these penalties and protect your record.
Dedication And Experience Matter
Mr. Viacava draws from his experience in criminal defense to help you move on from this lapse in judgment. He aims to personally secure an optimal resolution for your specific facts.
Representing Clients In A Range Of Cases
Countless drivers throughout Southwest Florida have relied on the team at the Lee Viacava Law Firm to protect their driving privileges and future after an arrest.
When charged with DUI, you owe it to yourself to discuss your situation with Mr. Viacava. He is qualified to defend you against violations that include:
- First-time DUI
- Second, third, fourth and subsequent DUI charges
- Underage DUI
- DUI for commercial drivers
- Breath test refusals
- Driving on a license that is suspended due to a DUI
- Other countless offenses
No matter the charge, having a skilled defense attorney on your side can make a significant difference in the outcome of your case.
Understanding The Florida DUI Process Timeline
After a DUI arrest in Florida, several important steps happen quickly. Knowing what to expect helps you take control and avoid costly mistakes.
- Arrest and license suspension: Once you are arrested, your driver’s license is subject to administrative suspension. The notice of suspension provided by the officer acts as a temporary driving permit for 10 days, during which time you must request a Formal Review Hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the suspension
- Arraignment: Within a few weeks, the court schedules your arraignment, which is when the State Attorney decides if they are filing charges or not. At this stage, the court reads the formal charges, and we will enter a plea of not guilty on your behalf. Hiring Mr. Viacava before this date ensures important evidence is preserved and your rights are protected early.
- Pretrial proceedings: After arraignment, Mr. Viacava begins the pretrial phase, reviewing police reports, videos and breath test results. Motions may be filed to suppress evidence or negotiate for reduced charges.
- Trial or resolution: If your case isn’t dismissed or resolved through negotiation, it proceeds to trial, where a judge or jury determines the outcome.
A typical DUI case can take several months to resolve. Acting quickly after your arrest gives Mr. Viacava more time to build a solid defense and protect your driving privileges.
Why Choose Lee Viacava Law Firm For DUI Defense?
A DUI arrest in Fort Myers or Southwest Florida can be overwhelming. Mr. Viacava’s firm handles only criminal defense, giving every DUI case the full attention and proficiency it deserves. Mr. Viacava personally manages each matter, ensuring strategies are tailored to the unique circumstances of the arrest and local court procedures.
Clients benefit from a careful, step-by-step approach. The firm combines thorough preparation with clear and honest communication, helping clients understand their options and make informed decisions. This methodical approach protects not only driving privileges but also employment and future opportunities.
Navigating DUI law requires knowledge of both state regulations and local courts. Whether you need a Fort Myers DUI lawyer, a Cape Coral DUI attorney or representation in Naples or Charlotte County, the firm’s experience in Southwest Florida courts gives clients an edge. Hands-on advocacy, professional demeanor and practical guidance provide reassurance during a stressful time.
Facing DUI charges can be a lot to take on, but you do not have to face them alone. Contact the firm at 239-672-8934 to discuss your case and learn how experienced DUI defense can protect your rights and your future.
Answering Your Questions
Mr. Viacava’s vast experience in this type of case means that he can answer your questions and help you know what to expect throughout your case. Read on for answers to some frequently asked questions.
Do I need a lawyer for a DUI charge? Can I represent myself?
You can represent yourself in a DUI case. In fact, police try to encourage you to do so from the first encounter. However, representing yourself isn’t in your best interests. Hiring an attorney who has experience fighting DUI charges can make a significant difference.
Mr. Viacava understands state laws and knows how to navigate the criminal courts. He has the experience of gathering the appropriate evidence and finding flaws in prosecutors’ arguments.
How much does a DUI lawyer cost?
The cost of a DUI attorney can vary based on your situation. Speak with a member of our team by calling the firm at 239-672-8934. We can give you a price once we get a thorough understanding of the facts and circumstances of your charge.
What are the penalties for a first DUI in Florida?
In Florida, a first DUI conviction can have lasting effects on your record and daily life. Penalties may include up to twelve months in jail depending on the specific facts, though many first offenders serve probation instead. Fines can range from $500 to $1,000 but can rise to $2,000 if your blood alcohol content was .15% or higher, or if a minor was in the vehicle, the mandatory fine can range from $1,000 to $2,000.
You’ll also face a driver’s license suspension lasting six months to one year, and you must complete DUI school along with the required community service hours.
Can I get my license back after a DUI arrest in Florida?
Yes, you may be eligible for license reinstatement after a DUI arrest, but the process depends on your specific circumstances. For administrative suspensions, you have 10 days to request a formal review hearing to challenge the suspension.
You can apply for a hardship license (Business Purposes Only license) after enrolling in the required DUI school and should be eligible without serving the hard suspension period, which can be 30 or 90 days of no driving depending on whether you failed or refused the breath test.
Criminal defense attorney Lee Viacava can guide you through the reinstatement process and help protect your driving privileges throughout the process.
How can a DUI affect my job in Florida?
A DUI conviction can significantly impact your employment in multiple ways. Many employers conduct background checks and may terminate employees with criminal convictions.
Professional licenses for doctors, lawyers, nurses, teachers and other licensed professionals may face disciplinary action or suspension. Commercial drivers can lose their CDL privileges, effectively ending their careers. Jobs requiring company vehicles or frequent travel may become unavailable.
What defenses can I use against a DUI charge in Florida?
The right defense strategy depends on the specific details of your case. Mr. Viacava may challenge whether the police had a valid reason to stop you, question the reliability of breath or blood test results, or review whether officers followed proper testing procedures. In some cases, factors such as medical conditions, prescribed medications or equipment errors can also call the evidence into question.
Can a DUI charge be expunged in Florida?
DUI convictions cannot be expunged or sealed in Florida under the current state laws. However, if your charges are dismissed or you are found not guilty, you may be eligible for expungement. If your charge is reduced to a lesser offense like reckless driving, and adjudication is withheld, you may be eligible to have the record sealed. This makes fighting your DUI charges with experienced legal representation crucial.
Second, third, fourth and subsequent DUI charges become increasingly difficult to resolve favorably, making immediate action on your first charge essential for protecting your future.
Every DUI case is different, but having clear answers and experienced guidance can make the process less overwhelming. If you have more questions about your situation, contact the Lee Viacava Law Firm for a confidential consultation.
Get In Touch Today
You deserve to have a skilled legal DUI lawyer in your corner. Contact the Lee Viacava Law Firm today and learn how Mr. Viacava can help you combat DUI charges and put this matter behind you. Call the firm at 239-672-8934 or complete the online form to arrange your free consultation.
