Melbourne DUI Attorney

Representing Those Accused of DUI in Brevard County

At Funk, Szachacz & Diamond, our Board Certified DUI attorneys in Melbourne represent clients facing charges related to drunk driving. We provide skilled legal guidance when you face DUI allegations in this area.

Our criminal defense team can advise you about available options in your case. We review your circumstances, consider business purpose licenses, challenge driver’s license suspensions, and discuss educational program requirements to help restore your driving privileges.

Driving Under The Influence in Florida

Driving Under the Influence (DUI) is the fourth most common criminal charge in Florida, following larceny, narcotics, and assault.

DUI can be committed in a few ways:

• Driving while impaired—This includes being in actual physical control of a vehicle while under the influence of alcohol or certain prohibited substances to the extent that a person's normal faculties are impaired.
• Driving with a high BAC—Someone can be charged with a DUI without impaired faculties, but with a blood alcohol level of 0.08 or higher, while in physical control of a vehicle.
• Sitting in the driver's seat—You can face DUI charges if you are in the driver's seat with the keys nearby, even if you are not actually driving the car.

Understanding Administrative License Hearings in Brevard County

If you face a DUI charge in Brevard County, you may receive a notice of administrative license suspension before your criminal case concludes. The Florida Department of Highway Safety and Motor Vehicles holds a separate hearing to decide whether you can keep your driving privileges. This hearing operates independently from your court dates at the 18th Judicial Circuit and has its own deadlines, often requiring you to request a hearing within 10 days of your arrest.

During the hearing, you can present information about your situation, such as proof of hardship or evidence related to the traffic stop. The hearing officer reviews your case in accordance with Florida law. The outcome may include a full reinstatement of your license, a business purpose license, or the enforcement of your suspension. The administrative process affects your ability to drive for work, school, or family obligations in Melbourne and across Brevard County.

What are the Penalties For a DUI in Florida?

In Florida, anyone stopped by law enforcement and having a blood-alcohol level higher than 0.08 or refusing to submit to a chemical test will face an immediate administrative driver's license suspension for six to eighteen months. This administrative penalty is separate from any criminal court outcome, and the initial suspension often takes effect within thirty days of arrest.

First Offense DUI

If you receive your first DUI conviction, you typically must wait thirty to ninety days after the license suspension starts before qualifying for a business purpose only license.

You have the option to challenge your suspension; if unsuccessful, you must finish a required course before your license can be reinstated. The financial strain of losing your license includes a sharp increase in car insurance premiums and additional out-of-pocket costs.

Penalties for First-Time Convictions:

• A fine of $250-500
• Imprisonment of up to six months
• Suspension of his or her driver's license (even if the license was already administratively suspended by the arresting police officer)
• Fees and costs (usually around $1,000)
• The impoundment of his or her vehicle for ten days, probation for up to one year
• A minimum of fifty hours of community service
• A permanent criminal misdemeanor conviction on his or her record