Felony DUI Attorney in Fort Myers

Former Prosecutors. Two Decades of Trial Experience. Fighting for You.

Most DUI arrests in Florida are misdemeanors. A felony DUI is a categorically different situation, one that carries prison time, permanent license consequences, and a record that can’t be sealed or expunged. At Brian L. Edwards, Esq., we draw on more than two decades of trial experience on both the prosecution and defense sides to protect people facing these charges in Fort Myers and throughout Lee County. That background shapes how we approach every case: we know how the State builds felony drunk driving cases because we’ve built them ourselves.

If you’re facing a felony DUI charge in Fort Myers, don’t wait to get counsel involved. Call Brian L. Edwards, Esq. at (239) 204-5657 to schedule a free consultation.

When Florida Elevates a DUI to a Felony

Under Florida Statute 316.193, several distinct circumstances turn a DUI into a felony. Which category applies to your situation determines both the charge you face and your sentencing exposure.

• Third DUI within 10 years: A third conviction within 10 years of a prior conviction is charged as a third-degree felony.
• Fourth or subsequent DUI: A fourth conviction is a third-degree felony regardless of how many years have passed since prior arrests.
• DUI causing serious bodily injury: A third-degree felony, even for a first-time offender.
• DUI manslaughter: A DUI causing death is a second-degree felony. The charge escalates to a first-degree felony if the driver left the scene without rendering aid or if the driver had a prior DUI or BUI manslaughter conviction.

Sentencing Ranges & Consequences That Follow a Conviction

A third-degree felony DUI conviction carries up to five years in prison and a fine up to $5,000. DUI manslaughter, a second-degree felony, carries up to 15 years in prison and fines up to $10,000. A first-degree felony charge for leaving the scene of a fatal crash carries up to 30 years in prison and fines up to $10,000.

The licensing consequences escalate just as sharply. Florida mandates a minimum five-year revocation for a second DUI within five years, a minimum 10-year revocation for a third DUI within 10 years, and mandatory permanent revocation for a fourth conviction. Florida law also bars any DUI conviction, whether misdemeanor or felony, from being sealed or expunged. The record follows you permanently, which makes the outcome of the criminal case itself all the more consequential.

Why Lee County Residents Facing Felony DUI Charges Choose Our Firm

Prosecutorial experience doesn’t age out. We understand how the State approaches felony drunk driving cases at the Lee County Justice Center because we’ve been on that side of the courtroom. That insight lets us anticipate their moves, identify weaknesses in the charging decision, and build a defense that addresses the case from every angle. As lifelong Lee County residents, we know the local courts, judges, and the procedural rhythms that shape how cases move. Our work on serious, high-stakes criminal matters has drawn attention from national media outlets, and our legal commentary is sought on high-profile issues. When you walk into court with us, that credibility walks in with you.

How We Build a Felony DUI Defense

We move quickly once hired. The first step is a thorough review of the arrest record, testing documentation, and any prior DUI history relevant to the current charge.

Challenging Prior Conviction Enhancements

In felony cases built on repeat convictions, we examine whether those prior convictions actually qualify to enhance the current charge. Whether you had legal representation in an earlier case and whether that conviction was properly obtained can be important questions. The State doesn’t always get to assume the enhancement holds.

Examining the Stop & the Evidence

Beyond the enhancement analysis, we look at the stop itself. Did the officer have probable cause? Was the breath or blood test properly calibrated and administered? When the State’s case has a weak foundation, we push for dismissal. Every case gets our full commitment from the first evidence review through any courtroom proceeding.

The Fort Myers DUI Process: Arrest Through Arraignment

After an arrest by the Fort Myers Police Department or a Lee County Sheriff’s deputy, you’re brought to the Lee County Jail for booking and initial processing. From there, the timeline moves fast. Florida law gives you only 10 days from the date of arrest to request a formal review hearing challenging the administrative suspension of your driver’s license. Missing that window means the suspension takes effect automatically, regardless of how the criminal case is resolved. Arraignment, where charges are read and an initial plea is entered, is held at the Lee County Justice Center. The earlier we get involved, the more options may remain open.

Talk to a Felony DUI Defense Lawyer About Your Case

A felony DUI charge puts your freedom, your license, and your record on the line. We return calls promptly, schedule appointments quickly, and keep communication open throughout your case so you always know where things stand. Brian L. Edwards, Esq. offers a free initial consultation for anyone facing felony drunk driving charges in Fort Myers and Lee County.

Call us at (239) 204-5657 to speak with us today.