Melbourne DUI Attorney

Penalties for Subsequent DUI Convictions

Second and subsequent convictions carry significantly heavier consequences:

• A fine of $1,000–$2,000
• Up to nine months in jail with a mandatory minimum of 10 days
• Vehicle impoundment for 30 days if the second conviction is within five years of the first
• Driver’s license suspension of at least five years
• Fees and costs of approximately $1,500, not including sharply increased insurance premiums

A fourth DUI conviction is a felony regardless of when prior convictions occurred, and results in permanent license revocation. If you cause property damage, injury, or death during a DUI incident, you can face up to 15 years in prison depending on the severity of the case.

Multiple convictions can also require installation of an ignition interlock device on your vehicle. Brevard County courts monitor compliance closely, and failure to meet that requirement can result in longer suspensions or additional penalties.

Zero-Tolerance Laws for Drivers Under 21

Florida’s zero-tolerance standard applies differently to drivers under 21. A blood alcohol content of 0.02 or above, even without visible impairment, is enough for law enforcement in Melbourne and throughout Brevard County to suspend an underage driver’s license immediately. A first offense typically results in a six-month suspension; a second offense carries a longer loss of driving privileges.

Implied Consent & the Right to Refuse Testing

Florida’s implied consent law requires any driver lawfully arrested for DUI to submit to a breath, blood, or urine test. Refusing that test results in a one-year administrative license suspension for a first refusal. A test result above 0.08 triggers its own administrative suspension, with the length varying based on prior DUI-related suspensions on your record.

A DUI conviction doesn’t end your legal options. You retain the right to appeal. Appeals following a guilty plea address sentencing only, not the underlying charge. Appeals following a trial must demonstrate a serious legal or procedural error occurred during the proceedings.

Challenging a DUI Charge in Melbourne

An arrest is not a conviction. DUI cases in the 18th Judicial Circuit, heard at the Harry T. and Harriette V. Moore Justice Center in Viera, depend on evidence that can be examined, questioned, and in some cases suppressed. Our attorneys, all Board-Certified Criminal Trial Specialists, review every element of the prosecution’s case for legal and procedural vulnerabilities.

Our drunk driving defense attorneys examine:

• Lawfulness of the traffic stop: A DUI arrest requires probable cause. If the initial stop lacked legal justification, evidence gathered during it may be subject to suppression.
• Breathalyzer and chemical test reliability: Breath and blood tests must follow strict protocols. Failures in equipment calibration, technician procedure, specimen handling, or chain of custody can undermine test results.
• Field sobriety exercise issues: Field sobriety exercises aren’t legally required under Florida’s implied consent law, and performance can be affected by physical conditions, environmental factors, and how the exercises were administered. Refusal carries no administrative penalty.
• Constitutional violations during the arrest: We assess whether any rights were violated during the stop, detention, or testing process.
• Charge reduction possibilities: In appropriate cases, a DUI charge may be reduced to reckless driving, commonly called a wet reckless, which carries lesser penalties than a DUI conviction.

Because all three partners review every file, multiple Board-Certified perspectives are applied to identifying weaknesses in the prosecution’s case. That collaborative model is a verifiable differentiator for our firm.

Why Melbourne Clients Choose Funk, Szachacz & Diamond for DUI Defense

Our entire legal team holds Florida Bar Board Certification in Criminal Trial Law, all three partners, not just one attorney on staff. That certification requires demonstrated trial experience, peer review, and re-evaluation every five years. Fewer than one percent of Florida attorneys carry it.

Before moving to defense work, our attorneys spent years as Assistant State Attorneys and Felony Division Chiefs. That prosecutorial background gives us a direct view into how DUI cases are built and where they can be challenged. Combined with lead counsel experience across thousands of cases and hundreds of jury trials, from misdemeanors to complex federal matters, we bring substantial courtroom depth to these cases.

We have represented professionals including judges, doctors, and law enforcement officers whose careers depended on the outcome of their cases. That experience can be relevant for clients whose livelihood or professional license is at risk from a DUI conviction. Our firm has earned the Brevard County Bar Association Professionalism Award and Trial Attorney of the Year honors, and we serve clients throughout Brevard County and the Space Coast from our Melbourne office. We’re available 24/7.