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Brevard County DUI Lawyers

Melbourne and Brevard County Criminal Defense Attorney

If you have been arrested for DUI in Brevard County, FL your best protection is to retain an experienced team of DUI Defense Lawyers as soon as possible. Being arrested and prosecuted for DUI can have lasting, negative impacts on your life. Hiring criminal defense lawyers with experience handling all types of DUI cases will give you your best chance of a successful outcome in your case.

DUI is known as an enhanced penalty crime in the State of Florida. DUI convictions carry mandatory penalties under Florida Law, and such convictions may be accompanied by jailtime, probation, heavy fines, court costs, drivers license suspensions, mandatory attendance at special classes, and more. Brevard County State Attorneys vigorously prosecute DUI charges. Our experienced attorneys know the “playing field” and understand the confusion and stress that most people face after being charged with driving under the influence. It can be hard to think rationally when you are facing such penalties. That’s why it is vital to obtain legal counsel at the earliest possible stage of your case. Contact our office today for a FREE Case Evaluation!

Please browse through the following topics to learn more DUI Laws in Florida

First DUI

You will be placed on a minimum of six months of probation. You will be charged a fine of not less than $500 but no more than $1,000. If your blood alcohol level was .15 or higher, or if there was a minor in the vehicle at the time of the arrest, then the fines will be approximately $1,000 to $2,000. Learn More

Second DUI

Defending against a second DUI charge is an art form. It requires not only a thorough knowledge of the law, but also a solid litigation strategy and a full understanding of the administrative (DMV) proceedings that will be initiated against you. Learn More

Third DUI

If this was your third DUI conviction within a 10 year period of your first conviction, there is a mandatory jail time of 30 days. There is a maximum jail time of 364 days. You will also face a 90 day impoundment of your vehicle and a mandatory interlock device placed on your car for two years. Learn More

Felony DUI

If this is your third or fourth DUI, or if there is a DUI accident that causes serious bodily injury, you may be facing a third degree felony charge. A third degree felony conviction is punishable by up to 5 years in state prison, up to 5 years of probation, and fines as high as $5000. Learn More

DUI with Injury or Property Damage

Being charged with DUI in Brevard County is bad enough, but if there was a crash or an injury involved, the stakes are even higher. If any kind of property damage or personal injury occurs as a result of driving under the influence, it is considered a first-degree misdemeanor punishable by up to $1,000 in fines and up to one year in jail. Learn More

DUI – Refusal to Submit to Testing

After you are arrested for DUI, the arresting officer may ask you to perform a breathalyzer, blood, or urine test to determine the quantity of alcohol/drugs in your system. The officer will also ask you to perform field sobriety exercises. There are many reasons why someone may refuse sobriety testing. There are also consequences imposed by DHSMV for refusing to submit to testing. Learn More

DUI & Drugs

A common misconception is that you can only be arrested and convicted of DUI if you were under the influence of alcohol. Driving under the influence in Florida is NOT limited to alcohol only. Did you know that a person can be convicted of DUI while under the influence of any type of controlled substance, such as marijuana, cocaine, heroin, or even prescription drugs? It is often difficult for Florida prosecutors to prove that a person was under the influence of drugs to the extent that their normal faculties were impaired. There may be a strong defense for you if you were arrested for DUI & drugs, especially if it involved lawful, prescription drug use. Learn More

DUI Manslaughter

A car accident can be a terrifying experience, but the worst accidents imaginable are those that involve the death of another. In DUI-related accidents where a death occurs, you can be charged with DUI manslaughter. DUI manslaughter in Florida is considered a second-degree felony and is punishable by up to 15 years in Florida state prison and up to $10,000 in fines. In addition, there is a 4 year mandatory minimum prison sentence for this charge. Learn More

Breathalyzer Tests

Many people think that if you fail a breathalyzer test or “blow over the limit”, you no longer have a good case. That’s not always true! The results of a breathalyzer test can be flawed. Results may even be illegally obtained. Breath test operators must follow detailed procedures in requesting and administering breath tests. Any mistakes made may work in your favor in fighting a DUI charge. Learn More

Field Sobriety Exercises

During a DUI investigation, it is common for police officers to put the accused through a battery of Standardized Field Sobriety Exercises (SFSE’S). These exercises were developed by the National Highway and Traffic Safety Administration (NHTSA) to help officers determine whether or not someone is under the influence of alcohol and/or drugs. The three most common exercises are the Horizontal Gaze Nystagmus (Eye test), the Walk and Turn, and the One Leg Stand. Most importantly, these exercises are NOT 100% accurate. Over the years, our attorneys have successfully been able to scrutinize these exercises in court.

Many factors other than alcohol or drug impairment can negatively affect a person’s performance on field sobriety exercises including (but not limited to) the person’s age, physical limitations, lack of sleep, extraneous distractions, weather conditions, and improper administration of the exercises by the officer. If the accused is simply unable to complete the exercises due to physical limitations, alternate, Seated exercises are often given. Alternate exercises are by no means 100% accurate either!

Also, many people do not feel as if they have a choice but to submit to these exercises. Unlike refusing to take a breathalyzer or urine test, Florida law imposes NO penalty on refusing to submit to Field Sobriety Exercises, although, if a person refuses to submit to the exercises, the officer will inform the person that if they refuse, that he/she will base his decision to arrest on what he has witnessed up until that point.

Driver’s License Restoration / DMV Hearings

If your license was valid at the time of your DUI arrest, you are eligible for a hardship permit to drive your vehicle. Our Attorneys can assist you in either challenging the DHSMV suspension of your driver license, or filing for a waiver (if you are eligible). The decision of whether to waive your right to a DHSMV review hearing or challenge the suspension at a hearing must be discussed with your attorney. You only have Ten (10) days after the date of your arrest to make this election, so don’t wait to get help from a legal representative. Learn More

DUI Penalties

Florida has some of the toughest DUI penalties in the country. In most cases, your driver’s license will be suspended upon arrest, but we may be able to reinstate your license if a DHSMV hearing is filed within 10 days of your arrest. Other penalties for a DUI conviction include hefty fines, vehicle impoundment/immobilization, possible jail time, and even substance abuse rehabilitation classes. Learn More

Multiple DUI

In Florida, penalties for a DUI differ depending on the number of your prior DUI offenses. For your first DUI conviction, your license may be revoked for six months to a year. For a second DUI conviction within five years of your first conviction, your license may be revoked for 5 years. Learn More

The Canina Law Firm | DUI Defense Attorney in Brevard County

At The Canina Law Firm, our firm sets itself apart from others in the level of personal service we provide to our clients. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed at every step of the way. With well over 45 years of combined experience defending DUI cases in Florida, our attorneys work hard to get you the best result possible! If you have been arrested for DUI in Brevard County, FL, start fighting back today! We can help you. Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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