Fort Myers Legal Issues Blog

Drunk driving allegations are serious. They cannot only threaten an individual with heavy fines, jail, prison and damage to his or her reputation, but they can pose significant professional consequences, too. Most professions conduct thorough background checks on applicants and newly hired employees, which means that many individuals with a DUI conviction are turned away by the jobs they seek. Although this can affect those who work in the retail and hospitality sectors, it can also affect professionals who are subjected to licensing standards.

As an example, let's look at the teaching profession in Florida. Under the profession's code of conduct, educators are required to self-report any criminal conviction, admissions of guilt, participation in pretrial diversion programs and no contest pleadings. These disclosures must occur within 48 hours. It is likely that those teachers who are convicted of drunk driving will be released from their position.

It almost goes without saying that a drunk driving conviction can result in the imposition of serious penalties. Most people are aware that a DUI conviction can result in jail time and hefty fines, but they may not realize the damage that can be caused by an impounded vehicle, a suspended or revoked license or the mandatory implementation of an ignition interlock device. These penalties can wreak havoc on a Floridian's life, making it difficult for him or her to carry on with his or her normal daily tasks. In addition, it may become challenging or impossible to get to work, which can result in additional financial hardships that can have a severe ripple effect.

This may be especially true for those who drive a commercial motor vehicle for a living. These individuals are subjected to stricter standards, which means they must be aggressive when they need to protect their interests following DUI charges. The legal limit for those driving commercial motor vehicles is lower than it is for those driving standard automobiles. While the legal limit for those driving standard vehicles is 0.08%, the legal limit for those driving a commercial motor vehicle is 0.04%.

Drug crime convictions carry serious penalties. Those who are accused of these types of offenses therefore can be confronted with the very real possibility of years or even decades in prison as well as fines that can ruin their financial standing for life. Additionally, the criminal record that accompanies an individual who is convicted of a drug crime can negatively his or her life long after the individual pays his or her debt to society. Therefore, individuals accused of drug crimes need to aggressively fight to protect their interests.

Multiple individuals in Fort Myers may need to do just that after being taken into custody on numerous drug offenses. Reports indicate that an undercover investigation over the course of two months led to the search of two homes. Police allege that an undercover purchase of fentanyl led to the search of a home that resulted in the recovery of fentanyl, cocaine, oxycodone and Xanax. Two men at that residence were arrested.

There are many factors that are considered by prosecutors when they decide which specific drug law to utilize when filing charges. If an individual was arrested for possession of a narcotic, prosecutors will consider the severity of the drug in question and the arrestee's intent for those narcotics. Possessing heroin with the intent to distribute it will therefore carry the possibility of much harsher penalties than an arrest for simple possession of marijuana.

There are other factors that can cause enhanced drug charges. Distributing, manufacturing or possessing a drug with intent to distribute or manufacture while close to a school, child care business or public housing can result in enhanced penalties. Again, the severity of the drug alleged to be involved will be key in just how severe the potential penalties will be.