From Sanibel to Marco Island: What Tourists Need to Know About Florida Criminal Laws

Southwest Florida draws millions of tourists each year with its turquoise waters, white-sand beaches, and upscale resorts. From the quiet charm of Sanibel Island to the luxury of Marco Island and the nightlife of Naples and Fort Myers, visitors come here to relax and enjoy the best of the Gulf Coast. But what many don’t realize is that Florida enforces its criminal laws strictly, even when it comes to tourists. What feels like a small misstep on vacation can turn into a serious legal issue with long-lasting consequences. Arrests in Collier and Lee Counties often follow visitors back home, affecting driving privileges, job opportunities, and even future travel plans.

DUI and Boating Under the Influence

Driving under the influence is one of the most common charges facing visitors. Police patrol heavily during peak seasons and holidays, particularly near resorts, bars, and nightlife districts. Florida’s blood alcohol limit is 0.08 percent, but drivers can still be charged below that if impairment is suspected. Penalties for a first-time DUI can include fines, license suspension, probation, and possible jail time — and those penalties are usually reported back to a person’s home state.

Boating under the influence (BUI) is equally common in Southwest Florida, where tourists frequently rent boats, pontoons, or jet skis. The same BAC limit applies, and penalties mirror those of DUI. Patrols around Sanibel, Captiva, and Marco Island are frequent, especially during spring break and holidays. Many vacationers are surprised when a fun day on the water turns into a criminal charge with long-term consequences.

Disorderly Conduct and Nightlife Arrests

Tourists visiting Naples, Fort Myers, and Marco Island often enjoy lively restaurants and bars, but late-night incidents can lead to arrests for disorderly conduct. Florida law defines this offense broadly, covering loud arguments, fights, public intoxication, or refusing to leave an establishment when asked. While many visitors view these situations as minor, prosecutors in Collier and Lee Counties treat them seriously, aiming to protect the area’s reputation as a safe and family-friendly destination.

Drug Possession and Prescription Issues

Drug possession remains a risk for visitors who assume Florida laws align with their home states. Recreational marijuana is still illegal in Florida, and even small amounts can result in arrest. More serious charges arise with controlled substances such as cocaine or MDMA. Prescription medications can also cause issues if not carried in the original prescription bottle, as police may question whether possession is lawful. Tourists who transfer medications into travel containers sometimes find themselves facing charges they never anticipated.

Underage Drinking and Fake IDs

Spring break and family vacations bring younger visitors to Southwest Florida every year. Police remain vigilant in areas like Fort Myers Beach, Naples nightlife spots, and Marco Island resorts. Underage drinking and the use of fake IDs are common reasons for arrest. The consequences include fines, community service, probation, and possible license suspension. Parents are often shocked to discover that what seems like a minor offense can leave a permanent mark on their child’s record, following them well into adulthood.

What Happens if a Tourist Is Arrested

Those arrested in Collier County are usually processed at the Naples jail, while arrests in Lee County go through Fort Myers. Tourists may be released on bond, but the case continues even after they return home. Missing court dates or ignoring the case can result in additional penalties or warrants. For most visitors, hiring a local defense attorney is the only practical way to handle charges without repeated costly trips back to Florida.

How to Protect Yourself as a Tourist in Southwest Florida

Visitors can reduce their risk of arrest by planning ahead and keeping a few key tips in mind:

Designate a sober driver or boat operator.
Keep prescriptions in properly labeled bottles.
Avoid carrying marijuana or controlled substances.
Stay calm and compliant if approached by law enforcement.
Remind younger travelers about the risks of underage drinking.

Why Local Representation Matters

Facing criminal charges on vacation can feel overwhelming. Tourists not only deal with the stress of arrest but also the challenge of navigating an unfamiliar legal system from far away. Judges and prosecutors in Collier and Lee Counties often view tourist cases differently from those involving residents, which makes having a local defense attorney especially important.