Aggravated DUI Defense Lawyer in Daytona Beach

One of Three Board-Certified DUI Defense Lawyers in Florida, Focused Exclusively on DUI Since 1983

An aggravated DUI charge carries mandatory enhanced penalties that go well beyond a standard DUI conviction, putting a client’s license, career, and freedom at risk simultaneously. Whited Law Firm has handled only DUI cases since 1983, and Attorney Flem Whited is one of only three Board Certified DUI Defense lawyers in Florida and a co-founder and past president of the National College for DUI Defense. That depth of focus matters in aggravated cases, where the defense often turns on BAC science, breath-test reliability, and the constitutional validity of the traffic stop itself.

Aggravated DUI cases in Daytona Beach move through the Seventh Judicial Circuit of Florida. Local familiarity with how prosecutors and courts handle these charges is part of how Whited Law Firm builds a defense strategy. The firm serves clients throughout Volusia and Brevard Counties and the broader Space Coast area. Free initial consultations are available 24/7, in person at the Daytona Beach office or virtually.

Call the Daytona Beach office today at (386) 339-0702 or contact us online to schedule a free consultation.

What Makes a DUI Aggravated Under Florida Law

Under Florida Statute 316.193, a DUI charge becomes aggravated when one or more of the following is present: a blood or breath alcohol level of 0.15 or higher, a minor under 18 in the vehicle, a second or subsequent offense, or an incident involving property damage, serious bodily injury, or death. Each of these circumstances triggers elevated mandatory minimum penalties under different provisions of the statute.

Because many aggravated cases hinge on a BAC reading at or near 0.15, the reliability of the testing equipment is frequently central to the defense. Attorney Whited has successfully challenged the reliability of widely used breath test machines, setting legal precedents that have benefited clients across Florida and beyond. Law enforcement patrols high-traffic corridors, including International Speedway Boulevard and beachside areas, aggressively, particularly during Bike Week and peak tourism periods, meaning arrests in this area are common and the factual circumstances vary widely.

Focusing exclusively on DUI cases allows Whited Law Firm to develop nuanced knowledge of Florida DUI law that a general criminal defense practice can’t replicate. Attorney Whited has spoken at more than 150 seminars in over 30 states since 1986, training other DUI defense lawyers on the science and procedure behind these cases.

The Real Cost of an Aggravated DUI Conviction

The financial and professional consequences of a conviction extend well beyond any single fine. Florida’s implied consent law requires drivers lawfully arrested for DUI to submit to breath, blood, or urine testing. A refusal triggers its own separate administrative license suspension and, under Trenton’s Law, which took effect October 1, 2025, can result in criminal charges for a first-time refusal. Clients should confirm how this law applies to their specific circumstances with counsel.

A DUI arrest also triggers two simultaneous proceedings: the criminal case in court and an administrative license suspension through the DHSMV. The driver has only 10 days from the date of arrest to request a formal review hearing to challenge the administrative suspension. Missing that deadline forfeits a critical opportunity to preserve driving privileges before the criminal case is resolved.

Fines & Court Costs

Aggravated DUI convictions can result in fines reaching $5,000 depending on offense history and the specific aggravating factors involved. Local court surcharges and mandatory fees add to that total.

License Suspension & Transportation Costs

Losing a license in the Space Coast region, where personal vehicles are the primary means of commuting to work or school, can translate into ongoing rideshare expenses or lost employment opportunities.

Insurance Premiums

Post-conviction insurance costs rise substantially. Drivers with aggravated DUI records may be required to obtain FR-44 coverage, a Florida financial responsibility certificate that carries higher liability limits than a standard policy and is significantly more expensive. Some drivers find standard coverage unavailable entirely.

Employment & Professional Licensing

Careers involving transportation or requiring a state professional license may be at risk. Long-term income loss from a conviction can exceed the initial legal costs by a wide margin.

Attorney Whited’s Credentials in Aggravated DUI Defense

Attorney Whited is the author of Florida DUI Defense: Law, Practice and Procedure and the multi-volume Drinking Driving Litigation, published by Thomson Reuters, and serves as editor of the Drinking/Driving Law Letter. He has defended more than 25 attorneys and more than 30 police officers charged with DUI, a reflection of the confidence that legal and law enforcement professionals place in his judgment when their own licenses and careers are on the line. The firm holds a Martindale-Hubbell AV Rated Preeminent designation.

In aggravated DUI case reviews, Whited Law Firm evaluates whether the initial traffic stop was legally justified, whether field sobriety tests were administered according to standardized procedures, and whether breath or blood testing equipment was properly calibrated and maintained. Challenging the evidence at every stage, from the legality of the stop through the reliability of the BAC result, is the foundation of the firm’s defense approach. The firm also examines whether any prior conviction being used to elevate the current charge meets the legal standards required under Section 316.193.