Aggravated DUI in Fort Myers

Serious Charges Require a Defense Built on Courtroom Knowledge

An aggravated DUI charge in Florida isn’t just a more serious version of a standard DUI. It’s a different legal situation entirely. Under Florida Statute 316.193, a DUI becomes aggravated when specific circumstances exist: a blood alcohol concentration (BAC) of 0.15% or higher, a minor passenger in the vehicle, or when the incident results in property damage, injury, or death. Each factor triggers enhanced penalties, and some can elevate a first-time offense to a felony.

We represent clients facing aggravated DUI charges throughout Fort Myers and Lee County. Our team includes a former prosecutor who understands how these cases are assembled and argued by the state, and our co-founder Katheryn Calvo is Board Certified in Criminal Trial Law by the Florida Bar. This is a distinction held by a small percentage of Florida lawyers. That combination means we understand how these cases are built from both sides of the courtroom.

What Aggravated DUI Penalties Look Like in Florida

The gap between a standard DUI and an aggravated DUI in Florida is significant. For a first offense with a BAC of 0.15% or higher, or with a minor in the vehicle, fines double to between $1,000 and $2,000, potential jail time extends to nine months, and a mandatory ignition interlock device (IID) is required for at least six months. A second offense in this category carries fines of $2,000 to $4,000 and up to 12 months in jail.

The consequences escalate sharply when injury or death is involved:

• DUI causing serious bodily injury is a third-degree felony carrying up to five years in prison and fines up to $5,000
• DUI manslaughter is a second-degree felony with up to 15 years in prison, fines up to $10,000, and permanent license revocation

Florida law also restricts judges from withholding adjudication or reducing a DUI charge when the BAC was 0.15% or higher. A felony DUI conviction results in the loss of voting rights and firearm possession rights, and a DUI conviction of any kind can’t be sealed or expunged under Florida law.

How We Approach Aggravated DUI Defense

Because our attorneys have prosecuted DUI cases, we know where the state’s case is most likely to have gaps. Charges based on a BAC reading at or above 0.15% depend heavily on the accuracy of that test. We examine whether calibration and maintenance records were properly kept, whether chain of custody procedures were followed for blood samples, and whether the breath test equipment was functioning correctly at the time of the test.

The rising BAC defense is another avenue worth examining. Alcohol continues absorbing into the bloodstream after a person stops drinking, meaning a driver’s BAC may have been below the threshold while they were driving and only reached the tested level by the time the test was administered.

Beyond the BAC, we look at the stop itself. If law enforcement lacked reasonable suspicion or probable cause to initiate the traffic stop, evidence collected afterward, including BAC results, may be suppressible. Field sobriety test results can also be challenged based on improper administration or medical conditions that affect performance.

In cases involving a minor passenger, we examine whether the aggravating allegation is factually supported and whether any companion child endangerment charges were properly grounded. In serious bodily injury cases, our review extends to crash reconstruction, toxicology procedures, hospital records, and whether the evidence actually establishes a causal link between impairment and the injury. Across more than 40 years of combined practice, we’ve helped clients pursue reduced charges, including felony-to-misdemeanor reductions, in cases throughout Lee County.

Why Clients Facing Aggravated DUI in Fort Myers Choose Our Firm

Katheryn Calvo’s Board Certification in Criminal Trial Law is the only such credential held by a female attorney in Lee County. It reflects demonstrated competence in trial practice at the highest level the Florida Bar recognizes, and it matters most in cases like aggravated DUI, where the stakes can include years in prison, a permanent felony record, and the loss of civil rights.

Our former-prosecutor background gives us direct insight into how the Lee County State Attorney’s Office approaches these charges. We know the local judges and prosecutors, which informs how we build strategy and approach negotiations at the Lee County Justice Center and throughout the 20th Judicial Circuit.

We also serve clients facing charges here from out of state or abroad. For Spanish-speaking clients, we offer full representation in Spanish (Hablamos Español).

As a small firm, we don’t hand cases to junior staff. You work directly with the attorneys handling your case, from the first call through resolution.

Act Within 10 Days of Your Arrest

Florida law gives you only 10 days from the date of an aggravated DUI arrest to request a formal review hearing to contest the administrative suspension of your driver’s license. This suspension is separate from any criminal penalty and takes effect before any conviction. Missing that window forfeits your right to challenge it.

We handle both the criminal defense and the administrative license suspension process simultaneously, so nothing is overlooked in the rush of early deadlines. From the first conversation, our goal is to be a steadying presence, answering your questions promptly and helping you understand every step ahead.

If you or someone you know is facing an aggravated DUI charge in Fort Myers, contact Calvo & Calvo, Attorneys at Law now at (800) 614-5138. The sooner we get to work, the more options may be available.