DUI

Not all police departments are created equal.

Brevard County is made up of many different police agencies, and they do not all handle DUI investigations the same way. Melbourne Police, Palm Bay Police, Cocoa Police, Titusville Police, the Brevard County Sheriff’s Office, and the Florida Highway Patrol each have different procedures, different levels of training, and different methods of gathering evidence.

Some agencies use body cameras. Others rely heavily on in-car recordings. Some officers have extensive DUI training, while others do not. These differences influence how strong the State’s case will be.

We have spent decades handling DUI cases for people throughout Brevard County and are familiar with the officers, their investigative habits, and the mistakes that frequently occur. Knowing what evidence exists, what evidence is usually missing, and where errors commonly appear allows us to challenge the prosecution’s case more effectively.

The Prosecutors and the Department of Highway Safety and Motor Vehicles

A DUI arrest in Florida involves two separate proceedings:

• A criminal case handled by the State Attorney’s Office
• An administrative driver’s license suspension handled by the Department of Highway Safety and Motor Vehicles

Prosecutors determine whether to formally file charges, what penalties to seek, and whether to offer reduced charges or diversion. The administrative suspension runs independently from the criminal case and has its own procedures, deadlines, and consequences.

An experienced DUI attorney must be prepared to address both matters. Proper filings, early evidence review, and an understanding of local practices in Brevard County all play a role in protecting driving privileges and building a strong defense.

Field Sobriety Exercises and Breath Testing

During a DUI investigation, officers often request field sobriety exercises to evaluate a person’s normal faculties. These exercises include eye-movement tests, balance tests, and divided-attention tasks.

The reliability of these exercises depends heavily on proper administration, clear instructions, and environmental conditions. Officers frequently make mistakes or rely on subjective interpretations that do not accurately reflect impairment.

Florida’s implied consent law requires drivers lawfully arrested for DUI to submit to breath or urine testing. A refusal to submit to a lawful breath test request is now a criminal offense under Florida Statute 316.1939.

Because of this change in the law, declining a breath test can result in a separate criminal charge, additional penalties, and a longer driver’s license suspension.

A DUI defense strategy must consider whether:

• The breath test was properly administered
• The testing machine was functioning correctly
• The officer followed required procedures

Every detail matters. The timing of the test, the operator’s training, the machine’s maintenance records, and the language used by the officer can all affect the admissibility and reliability of the results.

Florida DUI Penalties

Florida imposes increasingly serious penalties for repeat DUI offenses, many of which carry mandatory minimum sentences. Understanding the potential consequences is essential to evaluating the strength of the case and determining the best defense strategy.

First DUI

A first conviction may include fines, probation, community service, DUI school, vehicle impoundment, possible jail time, and a license suspension.

Enhanced penalties apply if a minor was in the vehicle or if the breath-alcohol level was 0.15 or higher.

Second DUI

A second DUI carries harsher fines, longer probation, extended vehicle impoundment, a longer license suspension, and mandatory ignition interlock installation.

If the second offense occurs within five years of the first, there is a mandatory jail sentence and a five-year license revocation.

Third DUI

A third DUI within ten years of a prior offense is a felony in Florida. Penalties include a mandatory jail sentence, long-term revocation of driving privileges, and a felony record that cannot be sealed.

Fourth DUI

A fourth DUI is a felony regardless of how much time has passed since prior offenses. Conviction results in permanent revocation of driving privileges and severe felony penalties.

DUI With Property Damage

Causing property damage while driving under the influence elevates the offense to a first-degree misdemeanor.

Penalties may include restitution, increased fines, probation, and enhanced scrutiny of the evidence. These cases often involve insurance issues, crash reports, and officer interpretations that must be examined carefully.

DUI With Serious Bodily Injury

A DUI involving serious bodily injury is a third-degree felony punishable by up to five years in prison, significant fines, and long-term driver’s license consequences.

These cases often include accident reconstruction, blood testing, and detailed medical documentation. A thorough review of the investigation is essential to evaluating fault, impairment, and causation.

DUI Manslaughter

DUI manslaughter is one of the most serious felony charges in Florida. It carries a mandatory minimum sentence, substantial prison exposure, and permanent revocation of driving privileges.

These cases involve complex forensic evidence, expert testimony, and highly technical legal issues. A strong defense requires immediate action, meticulous investigation, and significant experience handling serious felony DUI cases.

Motions to Suppress

A motion to suppress challenges the legality of evidence obtained during the investigation. If the stop, detention, arrest, or testing was conducted unlawfully, the court may exclude the evidence. This can result in reduced charges or dismissal.

We regularly review new case law from Florida and federal courts to develop strong suppression arguments tailored to each case.

Trials

Some DUI cases must go to trial. At trial, a jury of six people from Brevard County must decide whether the State has proven the charge beyond a reasonable doubt.

A skilled DUI attorney will challenge the officer’s observations, question the reliability of testing procedures, and expose weaknesses in the government’s case. Understanding trial risk is essential to advising clients and negotiating effectively.

Plea Negotiations

Many DUI cases resolve through negotiation. Possible outcomes include charge reductions, minimized penalties, structured probation, or treatment-based alternatives.

We do not rush clients into pleas. We review all available evidence, identify legal issues, and explain the strengths and weaknesses of the case before discussing any potential resolution.

Conclusion

We handle DUI cases in Brevard County every day and are committed to protecting the rights and futures of the people we represent. With more than forty years of combined experience, extensive knowledge of local police practices, and a deep understanding of Florida DUI law, we work tirelessly to achieve the best possible outcome for every client.