Lehigh Acres, FL DUI Law Firms & Lawyers

Unfortunately, it really depends on what county you are in when you get a DUI.  In some counties they offer pre-trial diversion (“PTI”).  After a successful completion of PTI, the charge is dismissed by the state and you can potentially have your record sealed/expunged. Certain counties do not offer the PTI for first time DUI offense (such 12th judicial circuit in and for Sarasota, Manatee, and DeSoto).  In places like the 12th Circuit, a first time DUI conviction is considered a criminal traffic case and carries a Misdemeanor conviction.  A standard 1st time DUI is a Second Degree Misdemeanor. A DUI with property damage/personal injury is considered an enhanced DUI. They both, however, are considered criminal traffic and just because you have the enhancement it does not mean that one is criminal and one isn't (all things being equal and you not being entitled to PTI).  Additionally, if the damage or the personal injury is severe, the DUI can be filed as a Felony (the level is based on the severity of the injury).  In any event, if you plea No Contest or Guilty to a DUI then you will most likely have a criminal record. 

You have a terrific defense, however, you absolutely need a lawyer to assist you. So first, hire a lawyer. Second, get documentation from your doctor's office indicating all that you've written here as it will be necessary to present in court.

Absolutely, you should consult with an experienced attorney, who would have many questions about the many issues inherent in any DUI matter.  Those questions would address details of the initial stop and detention, whether there was probable cause to justify the officer's request for a breath test, how it was requested, and many other issues.  It would be very unwise to receive the extremely damaging blemish of a DUI conviction on your record and to suffer its consequences without fully investigating and testing the prosecution's case.  Remember, you are presumed to be innocent, and although mere probable cause is required for an arrest, the much higher standard of proof beyond a reasonable doubt is required for a conviction. Regarding your driver license, you do have both the ability to challenge the suspension and to seek a hardship permit.  There are time limitations, however, and these issues would also be addressed during the consultation that you should seek.