First Offense DUI in Melbourne, FL

Board-Certified Criminal Trial Attorneys Defending Brevard County DUI Charges

A first DUI charge under Florida statute 316.193 covers two distinct theories: impaired-faculties DUI and per-se DUI based on a blood alcohol content (BAC) at or above 0.08 percent. A driver doesn’t have to appear visibly impaired to face charges. At Funk, Szachacz & Diamond, every attorney holds Florida Bar Board Certification as a Criminal Trial Specialist, a designation earned by fewer than one percent of lawyers in the state. All three partners review strategy on every case, including first-time DUI matters, bringing collective trial depth.

We serve clients throughout Brevard County and the Space Coast, including Melbourne, Palm Bay, Merritt Island, Rockledge, and Viera.

If you’ve been arrested for a first offense DUI in Melbourne or anywhere in Brevard County, call us now at (321) 360-4446. A 10-day deadline to protect your driver’s license begins the day of your arrest.

What a First DUI Conviction Costs Under Florida Law

Florida’s sentencing ranges for a first DUI conviction are specific and mandatory in several respects. Understanding what’s at stake shapes how aggressively your defense needs to move.

Standard first offense penalties include:

• Fines: $500 to $1,000, rising to $1,000 to $2,000 if BAC was 0.15 or higher or a minor was in the vehicle
• Jail time: Up to six months, or up to nine months with aggravating factors
• Probation: Up to 12 months, mandatory
• License revocation: 180 days to one year
• Community service: Minimum 50 hours, or a $10-per-hour buyout fee
• Vehicle immobilization: 10 days, unless a household member has no other transportation
• Ignition interlock device: Required for six months when BAC was 0.15 or higher
• DUI school: Completion required before license reinstatement; failure to finish within 90 days cancels the license
• Victim Awareness Panel: Mandatory attendance as a sentencing condition

These are the criminal penalties. A separate administrative suspension through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) runs on its own timeline and must be addressed within 10 days of arrest.

How We Defend a First DUI in Melbourne

Our attorneys previously served as Assistant State Attorneys and Felony Division Chiefs. That prosecution background gives us a clear picture of how the state builds a DUI case and where those cases are most vulnerable. Florida DUI law also evolves, and current knowledge of recent statutory changes and appellate decisions is essential to an effective defense.

Addressing the Criminal Case & the Administrative Proceeding

A DUI defense runs on two simultaneous tracks: the criminal case in court and the DHSMV administrative proceeding. Missing the 10-day administrative deadline forfeits the right to contest the license suspension, regardless of what happens in court. We address both from day one.

Defense Angles We Examine on Every First Offense DUI

Florida Bar Board Certification as a Criminal Trial Specialist requires handling at least 25 contested criminal cases, including at least 20 jury trials tried to a verdict, with at least 15 involving felony charges and 10 tried as lead counsel. Our attorneys have exceeded those standards across hundreds of jury trials and thousands of cases in Brevard County courts and beyond.

• Probable cause for the stop: Whether the officer had legal justification to pull the driver over
• Field sobriety test administration: Standardized exercises have specific protocols; deviations can undermine results
• Breathalyzer accuracy: Calibration records, operator certification, and proper testing procedure all affect reliability
• Blood sample handling: Chain-of-custody gaps can challenge the admissibility of blood test results
• Medical conditions: Certain conditions can mimic impairment or skew BAC readings
• Constitutional violations: Rights violations during the stop, detention, or arrest can affect the admissibility of evidence

Why Melbourne Clients Choose Funk, Szachacz & Diamond

Every attorney at our firm holds Florida Bar Board Certification as a Criminal Trial Specialist, and that credential requires re-evaluation every five years to maintain. Many firms have a single certified attorney. We don’t operate that way. Our members have also served on the Florida Bar’s Board Certification Committee for Criminal Trial Law, helping set the standards for that certification.

Our firm has received the Brevard County Bar Association Professionalism Award and Trial Attorney of the Year honors, and a member of our firm has served as President of the Brevard County Bar Association. We’ve represented judges, doctors, and law enforcement officers in matters requiring a high level of discretion. High-profile cases handled by our attorneys have been featured on ABC 20/20, Court TV, and Forensic Files.

That record of complex litigation informs how we approach every case that comes through our door, including a first offense DUI in Melbourne.

Your Next Step After a DUI Arrest in Brevard County

The days immediately following a DUI arrest are the most consequential. The 10-day window to request a DHSMV formal review hearing closes fast, and options lost in that window can’t be recovered. Acting early can help preserve the full range of defense strategies.

We’re available 24/7 and serve clients across Brevard County and the Space Coast. The earlier you call, the more we can do.

Call Funk, Szachacz & Diamond now at (321) 360-4446 to speak with a Board-Certified Criminal Trial Specialist about your first offense DUI case.