Fort Myers Felony DUI Attorney

Is a DUI a Felony in Florida?

While the majority of DUI-related crimes will be prosecuted as misdemeanors, there are some circumstances when they will be considered felonies. When aggravating factors are present, such as an extremely high BAL or a minor child in the vehicle, even a first time offense can be prosecuted as a felony.

In Florida, even a second DUI offense will typically be considered a misdemeanor. Again, if there are aggravating factors, such as a BAL of 0.15% or higher, the penalties and consequences will increase, with the potential of felony prosecution.

A DUI offense will be considered a felony if:

  • It is a third DUI conviction within 10 years of prior offenses
  • It is a fourth or subsequent DUI conviction
  • The driver caused serious injury to themselves or other individuals
  • The driver caused death to any individual, even a passenger or unborn child
  • If the driver caused death to any human being or an unborn child
  • If a driver causes death or flees the scene of the accident

Arrested for felony DUI? You will only have 10 days to request an administrative hearing to get your license reinstated, so do not delay in contacting our firm!

Call Us for a Tough Felony DUI Defense

If any of these factors were involved in your case or you are being accused of such a crime, make sure you obtain legal counsel right away. Our Fort Myers felony DUI attorney understands how to build a strong defense against these types of charges and can utilize our experience to fight for your freedom!

The good news is that you don't have to go through this time alone. Attorney Jose Calvo is a former prosecutor and attorney Katheryn Calvo is a proven criminal trial attorney. Together, our team has successfully challenged countless DUI cases in the Fort Myers area and can do the same for you. Let us fight to get your charges reduced, dismissed, or dropped!

At Calvo & Calvo, Attorneys at Law, our experienced Fort Myers felony DUI defense attorneys are more than prepared to take on your case and fight your charges. We have numerous years of insight and experience and have been given top ratings from Super Lawyers and Avvo. When you come to our Fort Myers felony DUI lawyers, you can be confident that your case is not only in capable, but passionate hands.

Do not wait; start fighting your felony DUI charges today by contacting Calvo & Calvo, Attorneys at Law today at (800) 614-5138.

Commonly Asked Questions

What are the potential consequences of a felony DUI conviction in Florida?

Potential consequences of a felony DUI conviction in Florida may include imprisonment, hefty fines, probation, community service, mandatory alcohol education programs, and the suspension or revocation of your driver's license.

Can a felony DUI conviction be expunged from my record in Florida?

In Florida, a felony DUI conviction cannot be expunged from your record. However, if you were not convicted, it may be possible to have the DUI arrest sealed under specific circumstances. It is advisable to consult with legal counsel for guidance on this matter.

What Are Common Mistakes People Make When Faced with Felony DUI Charges?

  • Failing to Hire an Experienced Attorney: Many individuals believe they can handle their DUI charges on their own or with inexperienced legal counsel.
  • Delaying Legal Counsel: Waiting too long to seek legal representation can result in missed deadlines and less time to build a strong defense.
  • Talking to Law Enforcement Without Legal Representation: Providing statements to police officers without an attorney present can lead to self-incrimination.
  • Not Preparing for the Administrative Hearing: Ignoring the importance of the administrative hearing for driver's license reinstatement can result in a prolonged suspension.
  • Underestimating the Impact of Aggravating Factors: Failing to recognize how factors like high BAL or having a minor in the vehicle can elevate charges from misdemeanor to felony.
  • Ignoring Court Orders and Requirements: Not adhering to court orders, such as attending required classes or maintaining sobriety, can exacerbate legal issues.
  • Plea Bargaining Without Proper Guidance: Accepting a plea deal without fully understanding the long-term consequences can negatively impact your future.

How Can an Attorney Help You Avoid These Errors?

An experienced felony DUI attorney can be instrumental in guiding you through the complex legal landscape associated with DUI charges. They can ensure that you do not miss critical deadlines. By strategically advising you on when and how to communicate with law enforcement, an attorney minimizes the risk of self-incrimination. During court proceedings, an adept lawyer will thoroughly prepare your defense, addressing any aggravating factors that may escalate your charges.

Furthermore, they will assist you in complying with all court orders and requirements, preventing additional legal complications. With their expertise, you can negotiate more favorable plea deals or potentially get your charges reduced, dismissed, or dropped entirely. Enlisting the help of a knowledgeable DUI attorney ultimately safeguards your rights and works to preserve your freedom.

Success Stories

5-Star Reviews From Our Clients

  • "Jose made me feel confident from our first conversation and throughout the legal process that everything would be OK. He is a calming presence and walks the walk of what you will discuss and work on with him. Very highly recommended."
  • "Mr. Calvo was very knowledgeable and professional. He directed me through a very complicated situation with ease and confidence. I would definitely recommend him to any of my friends."
    Ron K.
  • "Mr. Calvo was a huge help with a situation I got into while I was on vacation a couple years ago. He fought tooth and nail for me and made sure everything was ok, all while we were thousands of miles apart. I can't thank him enough!"
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