DUI Attorney Melbourne, FL
DUI attorneys in Melbourne, FL at Platt, Cole, Russell & Simpson PLLC know how damaging a drunk driving arrest can be for your future. If convicted, this could mean jail time, fines, probation, a suspended license, or other penalties. Because Florida law does not allow DUI convictions to be sealed or expunged, the impact is permanent. If you’re looking for the best DUI defense firms in Brevard County, our DUI lawyers are dedicated to protecting clients’ rights and securing the best possible outcome.
For a free consultation, call 321-725-5638 or use our contact form to speak to our law firm.
Brevard County DUI Charges Our Criminal Defense Attorneys Handle
First DUI Offense
Under Florida law § 316.193, the first DUI offense is a misdemeanor. Maximum penalties include a $1,000 fine, 6 months of possible jail time, and other consequences outlined below. A Melbourne first-time DUI lawyer can question the legality of the stop or whether sobriety testing was reliable. Our law firm works to negotiate reductions in drunk driving charges or alternative sentencing and ensures clients complete requirements so that they’re eligible for license reinstatement.
Second DUI Charges
The second time you’re caught driving under the influence in Florida, it’s prosecuted as a misdemeanor unless it involves serious injury or death. Depending on circumstances, you can face up to 9 months of incarceration. A second DUI attorney in Melbourne, FL, can examine whether the first case qualifies for enhancement. Our law firm can also use forensic science to argue breathalyzer results and negotiate to reduce charges or penalties.
Third DUI Offense
If a third DUI conviction occurs:
- within ten years of a prior conviction, this is a third-degree felony punishable by up to 5 years in prison.
- over ten years after the last conviction, this is a misdemeanor with up to 12 months of jail.
If you are facing a third DUI charge, contact an experienced third DUI lawyer in Melbourne, FL, to protect your rights and work toward the best possible outcome.
Fourth DUI and Subsequent Offenses
If you’ve been charged with a DUI and convicted four times, this is always a third-degree felony, no matter how much time has passed. The maximum prison sentence is five years, and the conviction results in a permanent driver’s license revocation. Even if eligible for a hardship license after a waiting period, strict conditions apply, and the felony record cannot be removed. If you are facing a fourth DUI charge, speak with a skilled fourth DUI attorney in Melbourne, FL, right away to protect your rights.
High BAC DUI (Cases With High Blood Alcohol Levels)
DUI cases with BACs of 0.15 or higher have significantly tougher penalties than standard DUI cases. These harsher consequences apply even when no accident or injury is involved, and the elevated BAC alone is enough to trigger them.
- First offense with BAC ≥ 0.15: $1,000-$2,000 fine, and up to 9 months in jail. Mandatory IID requirement for at least 6 months once licenses are reinstated.
- Second offense with BAC ≥ 0.15: $2,000-$4,000 fine, up to a year in jail
Because these DUI cases hinge on the blood alcohol content, your high BAC DUI attorney in Melbourne, FL, will argue the reliability of breath tests or blood tests and review whether police followed protocol. This approach can make the difference between facing enhanced penalties and resolving the case with fewer consequences.
DUI: Property Damage
Florida DUI cases that cause property damage are prosecuted under § 316.193(3)(c)1 as first-degree misdemeanors. A DUI conviction can result in up to $1,000 fine, a year in jail, and other penalties, like license suspension and mandatory programs. If you’ve been charged with a DUI involving property damage, contact a DUI property damage attorney in Melbourne, FL, to help you work toward securing a favorable outcome.
DUI: Serious Bodily Injury
If you hurt another person while driving under the influence, this is a third-degree felony in Florida. The law defines injury as:
- creates risk of fatality
- causes permanent disfigurement
- causes lasting impairment of a body member or organ
If convicted, you face up to $5,000 fine, 5 years in prison, and a felony record that can’t be erased. If you’ve been charged with DUI causing serious injuries in Brevard County, call a DUI lawyer for skilled legal representation.
DUI Manslaughter / Vehicular Homicide / DUI Causing Death
DUI manslaughter is a second-degree felony in Florida. A conviction results in up to a 15-year prison sentence and $10,000 fine. Vehicular homicides have the same penalty range in Florida. If the accused flees the scene, this escalates to a first-degree felony. If you’ve been charged with DUI causing death, contact a DUI attorney in Melbourne, FL, who will fight to reduce the life-changing penalties that come with a felony conviction.
Minor Driving Under the Influence
Drivers under 21 face DUI charges under Florida’s zero-tolerance law with a blood alcohol content of 0.02 or more. If BAC is 0.08 or more, the child is tried as an adult under § 316.193. Sentencing may include fines, possible jail time, probation, community service, DUI school, and loss of driving privileges. If your child was caught driving under the influence of alcohol or drugs, call a Melbourne juvenile defense lawyer.
CDL DUI Defense
In Florida, CDL holders can be charged with DUI at 0.04 BAC. Refusing a breathalyzer or the first conviction can lead to a 1-year CDL disqualification. The second can bring a lifetime ban. This puts the person’s job at risk. Our Melbourne CDL DUI defense attorneys will question the stop, breath test findings, and work to negotiate favorable outcomes that protect our clients’ jobs.
BUI (Boating Under the Influence of Alcohol or Drugs)
Operating a boat while impaired is considered boating under the influence (BUI) in Florida. BUIs occur when the operator’s BAC is 0.08 or more, or if they are under the influence of drugs or alcohol to the extent that their normal faculties are impaired. Call a BUI defense attorney to learn more.
Florida DUI Penalties
Mandatory Jail Time for DUI Convictions in Florida
Under Florida law 316.193, mandatory jail time based only on dates of prior DUI convictions is as follows:
- No mandatory minimums for standard first offenses.
- Twice in five years: 10 days, with 48 consecutive hours served.
- Three times in ten years: 30 days, with at least 48 consecutive hours.
- Four or more times (any duration): third-degree felony.
Driver’s License Suspension Brevard County
In the state of Florida, the 10-day suspension starts when police officers take the individual driving under the influence into custody. The citation works as a temporary ID during this period. If you don’t act, the Florida DHSMV automatically suspends your license.
Under Florida DUI law 322.2615, if you refuse sobriety testing, you’ll lose your license for one year for the first refusal and 18 months for the second. If you blow 0.08 or more, the license suspension lasts six months on a first offense and a year on the second.
Ignition Interlock Device Requirements to Reinstate Driving Privileges
Florida law mandates ignition interlock devices (IID) after specific DUI convictions.
- First DUI offense with BAC ≥ 0.15 or minor passenger: at least 6 months.
- Second DUI offense: at least 1 year, with BAC ≥ 0.15 or minor passenger: at least 2 years.
- Third DUI offense: at least 2 years.
- Fourth or subsequent drunk driving charge: at least 5 years.
The Florida Ignition Interlock Program details how individuals must use only approved vendors, pay for installation and monthly monitoring, and ensure the “P” restriction is added before the IID period starts.
Device rules and penalties are governed by Florida Statute § 316.1937.
- IID must prevent the car from starting if BAC ≥ 0.025 (or other threshold).
- Courts must record IID requirements, determine the ability to pay, require proof of installation, and enforce compliance.
- Tampering, breaking, bypassing, or asking another person to blow is a misdemeanor punishable by up to 1 year in jail, fines up to $1,000, probation, and extended IID terms.
- Violations during the IID period can trigger license revocation for 1-5 years or $250-$500 fine.
- Florida law § 322.2715 ties IID installation to eligibility for hardship and reinstated driver’s licenses. No installation means no reinstatement.
Our DUI lawyers assist by:
- Arguing DUI charges to limit or eliminate IID requirements under § 316.193.
- Negotiating plea agreements to minimize IID duration and penalties.
- Timing the IID installation so the clock starts only after reinstatement eligibility
- Assisting with hardship licenses
- Representing clients in IID violation cases, ensuring device data is questioned if faulty, and preventing extended license suspensions.
DUI School and Community Service
If you’re convicted of drunk driving charges, under Florida law, you must complete an approved DUI program before your license is reinstated. If it’s your first DUI offense, you must complete 12 hours. The Level II course is 21 hours for repeat offenders. Additionally, Florida law § 316.193(6)(a) mandates at least 50 hours of community service. In some DUI cases, the person can pay $10/hour in exchange. Completion of both is mandatory for sentencing and driver’s license reinstatement.
Fighting Your DUI Case in Brevard County Courts
Challenging Breathalyzer Results
Breath tests are the main way to prove DUI charges. Florida law sets the legal limit at 0.08 BAC. Every arrest for DUI that involves breath tests uses the Intoxilyzer 8000. The Florida Department of Law Enforcement posts inspection and accuracy reports for breath testing in Brevard County and must follow the rules for breath testing. The NHTSA’s drunk driving enforcement emphasizes the importance of breathalyzer accuracy checks. Our DUI lawyers in Melbourne, FL, work to undermine breath test evidence and force prosecutors to reduce or drop drunk driving charges.
Field Sobriety Test Defenses
The NHTSA created three “standardized” tests: horizontal gaze nystagmus, walk-and-turn, and one-leg stand. However, Florida law does not treat field sobriety tests as conclusive proof of impairment. By reviewing officer training and showing how outside factors impacted the results, our DUI attorneys work to convince the jury that tests don’t prove defendants were driving under the influence of alcohol or drugs. Our DUI defense attorneys then move to suppress evidence due to police misconduct or improper chemical tests, breath tests, urine tests, and field sobriety exercises. This forces the prosecution to defend the way the police officer handled the arrest. If the judge agrees, this can’t be used to prosecute in court.
Illegal Traffic Stop Arguments
Florida police officers must have a reasonable suspicion of a traffic violation or probable cause of a crime to pull drivers over. When officers cannot show valid reasons, this violates the person’s Fourth Amendment rights. Our Brevard County DUI lawyers will argue to suppress this evidence.
Urine and Blood Test Accuracy Issues
Urine tests detect substances long after use. Urine drug testing results vary significantly and aren’t concrete proof of current impairment. Being accurate on blood tests hinges on proper preservation and timely processing. If blood isn’t stored correctly, sugars can ferment into alcohol. This inflates the blood alcohol content. If you were arrested for DUI charges, a Melbourne DUI lawyer can analyze records, challenge how accurate the results are, and keep flawed findings from harming the success of your impaired driving case defense.
Drunk Driving Charges Defense Throughout Brevard County
- Palm Bay
- Titusville
- Cocoa Beach
- Rockledge
- Merritt Island
- Viera
Brevard County DUI Arrests and Procedures
Arrests by Local Police Officers: Happen inside city limits, are initiated for traffic violations, rely heavily on the officer’s discretion and breathalyzers, and procedures vary by city.
State of Florida Highway Patrol: Enforces DUI laws on highways and interstates, follows strict Florida-wide protocols, uses detailed documentation, and checkpoint operations must meet policy standards.
Arrested for DUI by Brevard County Sheriff: Handles unincorporated areas, processes and books all DUI arrests, and arrest records are made public immediately in the online booking system.
DUI checkpoints: Pre-planned and publicly announced, require neutral vehicle selection and written plans, and evidence can be suppressed for police misconduct.
Immediate Steps After DUI Arrests in Brevard County
The steps taken immediately after being arrested for DUI in Brevard County can affect the case.
Administrative Hearing Request
Your DUI lawyer must submit a hearing request to the Bureau of Administrative Reviews (BAR) within ten days after arrest under Florida HSMV requirements. Our DUI defense firm can subpoena arresting officers and those conducting field sobriety tests.
If your DUI case includes a blood or urine test instead, your DUI defense lawyer can also question the person who drew blood, handled samples, and ran the urine or blood test. Each of these people must explain the process. If courts find probable cause was lacking or sobriety testing was defective, our law firm will request that the courts dismiss the suspension.
When defending DUI cases, our DUI defense lawyers challenge whether the arresting officer complied with Florida DUI laws, and review chemical tests for compliance with blood and breath testing. By addressing these points, legal representation forces prosecutors to offer plea terms.
It’s critical to understand that this process is adversarial, not automatic. Most people who fight alone lose the ability to operate vehicles legally. Law firms with decades of combined experience often use these hearings to fight for you and lock in testimony to undermine the state’s evidence in court later.
Jail Release and Bond
Within 24 hours of booking at the county jail in Sharpes, the first hearing occurs. Judges set bond or decide if defendants can be released. The standard bond amounts for most DUI charges in Florida are $500 and $1,000 for a first and second DUI offense. Criminal history, injuries, and past DUI convictions can affect this. Release terms can include alcohol monitoring, especially if the driver has a history of drunk driving, higher blood alcohol levels, or causes an accident.
The most common types are:
- SCRAM ankle bracelet: monitors sweat every 30 minutes for blood alcohol content.
- Ignition interlock device: a breathalyzer installed in the car that blocks the engine from starting if alcohol is detected.
- Random breath or urine testing: reporting for scheduled or surprise sobriety testing.
Our Brevard County DUI defense firm can argue that this isn’t justified by facts or is financially burdensome. We can also negotiate for less invasive options to help clients keep their jobs. Our DUI attorneys fight to ensure you aren’t held longer than necessary. Skilled and fast defense representation helps clients keep their jobs while their DUI case moves through the court system.
Brevard County DUI Court Process and Timeline
Most Brevard County DUI cases are scheduled at the Moore Justice Center. Depending on where the accused was arrested for DUI, some hearings may be held at the Titusville courthouse or the Melbourne courthouse. Judges issue warrants if defendants miss court dates.
First, arresting officers submit affidavits. Once submitted, the State Attorney’s Office decides whether to pursue the case. If it proceeds, they’ll file it in the Brevard Clerk’s online docket system. Next, defendants can plead guilty or not guilty. When defendants don’t plead guilty, criminal defense attorneys can challenge various factors of the criminal charge.
Florida DUI law allows the state to reduce charges in impaired driving cases to reckless driving. However, experienced attorneys typically negotiate these terms.
If the prosecution doesn’t want to negotiate a fair plea deal, the criminal case moves to trial. Prosecutors must prove that the accused was driving under the influence. An experienced DUI attorney will question police officers, file motions to suppress, and present expert testimony. This is critical to increase the jury’s doubt. A DUI conviction can lead to serious consequences. If you’re found innocent, this ends the DUI case.
The trial experience and skill of DUI lawyers influence cases significantly. For the most favorable outcome, you need a DUI defense attorney who pressures the prosecutors during this process.
Contact a DUI Lawyer in Melbourne, FL, for a Free Consultation
If you are facing drunk driving charges in Melbourne, FL, our DUI attorneys have a deep understanding of Florida law and use this knowledge and extensive experience in practicing law to determine the best course of action and help clients start moving forward. For a free consultation, call 321-725-5638 or fill out our contact form to get experienced legal help today.